Check Box Election Form
Form 8832 check the box entity elections under section 7701.
Check box election form. Posted on november 30 2012 in 368 corporate reorgs 1291 pfics 1504 d election to treat fgn. Skinner partner fenwick west. Furthermore an election can be changed at any time.
The most basic reason for making the check the box election is to ensure that the owner of the corporation in the us is properly credited with the foreign tax payments. The effective date of the election generally cannot be more than 75 days prior to the date on which the election is. Information about form 8832 entity classification election including recent updates related forms and instructions on how to file.
A foreign corporation may wish to make a check the box election to ensure that foreign tax paid by it is creditable to the owner of the corporation in the us. Form 8832 is used by eligible entities to choose how they are classified for federal tax purposes. A check the box election will avoid the attribution of income under cfc rules or the loss of long term capital gains tax rate discounts when shares are transferred in a passive foreign investment company pfic.
However one of the problems with making an election on the form 8832 is that for a qualified foreign entity that elects to be disregarded as separate from its owner it is likely that both the schedule c and form 8858 information return of u s. Persons with respect to foreign disregarded entities would be required. You simply check the appropriate box specify the date that the election is to be effective sign and file the form.
The election is effective on the date specified on the election form which can be at any time during a taxable year if that date is not more than 75 days prior to the date on which the election is filed or on the date filed if no such election is specified on the form. The form 8858 is required. Co 7701 3 check the box elections authority plrs ccas form 8621 form 8832 permalink.
An eligible entity must make the election or change in election on form 8832. In short a check the box election is an entity classification election that is made on i r s. The procedure to make a check the box election is quite easy.