Revoke Form 8832

[Gregg Gillaspy, CPA, CFP]

Anyone ever gotten the IRS to revoke or rescind a Form 8832?

My research shows it can be done...I'm looking for wording in a letter to the IRS that has been accepted. I have a LLC taxed as a partnership since its inception in 2010 that filed a Form 8832 and Form 2553 to be taxed as an S-corp beginning for 2015. Since the 2015 tax return has not been filed, I should be able to get the Form 8832 revoked and the entity put back on filing as a Form 1065. I have the Form 2553 revocation letter ready to go. The Form 8832 and 2553 were filed by a previous accountant.

Gregg Gillaspy, CPA, CFP

[Nashville]

GoAhead and File 1065

If your entity has not yet filed an 1120-S, don't start now, as it is apparently your desire to continue filing as a partnership.

The quickest way to "revoke" the 2553 is to wait until they contact you for non-filing. A simple letter of explanation can then be sent to the source of the contact within the IRS. If you send them a letter now, it will take them forever to forward it to where it's supposed to go--and it may never get there. As long as the entity continues to file an appropriate return, I don't think there will be a penalty imposed.

[Gregg Gillaspy, CPA, CFP]

Revoking Form 8832 and Form 2553

I have the letter ready to go on revoking Form 2553...and your advice seems to relate to that. What I am asking about is Form 8832 was filed asking for the partnership to be taxed as a corporation. I have read about others contacting the IRS to revoke a Form 8832 and I am looking for wording for that letter to the IRS...wording that has actually been accepted by the IRS.

[TaxGuyBill]

Have you read the discussion on TaxProTalk?

http://www.taxprotalk.com/forums/viewtopic.php?f=8&t=502

I suspect the PLR would have some good verbiage to include in the letter.

https://www.irs.gov/pub/irs-wd/0952036.pdf