LLC as C corp Election

[TAX]

Client, currently is a LLC (Single member)

Client wants to treat LLC as corp effective Jan 1, 2009.

(1) Can client still do it?

(2) If yes, under what rev proc. ( He will complete 8832 - election form)

(3) If he does not qulify to be effective retroactively (01/01/2009) then can he make it affective going forward?

[jsamans]

Eight years? No.

Client, currently is a LLC (Single member)

Client wants to treat LLC as corp effective Jan 1, 2009.

(1) Can client still do it?

(2) If yes, under what rev proc. ( He will complete 8832 - election form)

(3) If he does not qulify to be effective retroactively (01/01/2009) then can he make it affective going forward?

RP 2009-41 provides relief for a late classification election up to a maximum of three years and 75 days; refer to https://www.irs.gov/irb/2009-39_IRB/ar17.html. Eight years back... nah, I don't think there's anything that would cover that sort of gap.

When you ask "can he make it affective going forward," I'm not sure I understand. I mean, I think I understand, but if I do, then I don't know why you're asking, because the basic purpose of the election is to be effective going forward. So, if that's what you mean - yes. But if there's some other twist regarding an election going forward, you'll have to clarify.

Jamie