Common Tax Elections for Small Businesses
A) Default Classification.
By default, the IRS treats a single-member LLC as a sole proprietorship, and a multi-member LLC as a partnership.
B) Entity Classification Election.
Use Form 8832 to elect for your LLC or partnership to be taxed as a corporation (C-Corp).
C) S-Corporation Election.
Use Form 2553 to elect S-Corp status — allowing income, losses, and credits to pass through to shareholders, avoiding double taxation.
Eligibility
To qualify for a tax election, your business must meet IRS criteria based on entity type and ownership structure:
LLC Eligibility
Must already have an EINCan elect to be taxed as:
● Sole proprietorship (default)
● Partnership (default for 2+ members)
● C-Corporation (Form 8832)
● S-Corporation (Form 2553) — must meet IRS shareholder limits
Corporation Eligibility
Must have valid Articles of Incorporation
For S-Corp election:
● No more than 100 shareholders
● Only U.S. citizens or residents
● Only one class of stock
● Not a bank, insurance, or foreign entity