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What does it mean to check-the-box for tax purposes?

By Alexander Torres

entity classification
In short, a “check-the-box” election is an entity classification election that is made on I.R.S. Only “eligible entities” can make check-the-box elections. The regulations contain a list of the types of entities that are not eligible entities. Treas. Reg.

Can a trust make a check-the-box election?

Since ordinary trusts are not business entities, they were excluded from the check-the-box regime. All common law trusts would be classified as ordinary trusts under a default rule permitting an election to be treated as a business trust. All statutory trusts would be classified as business trusts under a per se rule.

Why would an LLC check-the-box?

The Check-the-Box regulations also create a new concept — an entity that is a “tax transparency.” Specifically, the Check-the-Box regulations allow a business entity with a single member to elect to be disregarded for federal income tax purposes and to be treated as a branch or division of a corporate or partnership …

What is us check-the-box election?

A check-the-box election is an election that is made on IRS Form 8832 (Entity Classification Election). The process of making a check-the-box election is relatively straight forward. All you need to do is check the appropriate box, specify the date of the election, and then sign and file the form.

Which entities are eligible for check the box?

Under the check-the-box entity-classification regulations, an organization that is recognized for federal tax purposes as an entity separate from its owners can potentially be classified as: (1) an association taxed as a corporation, (2) a partnership, (3) a disregarded entity, or (4) a trust.

Can per se corporation check-the-box?

A per se corporation is a foreign corporation that, under the U.S. entity classification regulations, is automatically deemed to be a corporation and is ineligible to elect U.S. federal income tax treatment as anything else on IRS Form 8332; also known as the check-the-box option.