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Check-the-Box Election

Check-the-box regulations (Treas. Reg. 301.7701-3) let eligible entities elect their US tax classification. For foreign-owned single-member Wyoming LLCs, the default is disregarded entity. Form 8832 changes this.

Answer

Check-the-box regulations (Treas. Reg. 301.7701-3) let eligible entities (LLCs, partnerships, certain foreign entities) elect their US tax classification. Single-member LLCs default to disregarded entity. Multi-member LLCs default to partnership. Either can elect C-Corp treatment via Form 8832 (or S-Corp for US-owned LLCs). Foreign-owned single-member LLCs typically keep the default disregarded status because C-Corp election creates double taxation. The election is filed with the IRS within 75 days of formation (or up to 12 months back).

By Zawwad, Founder & CEO, WyomingLLC by Topslice LLC.

Last updated May 20, 2026

Default classifications

  • Single-member US LLC: disregarded entity
  • Multi-member US LLC: partnership
  • Foreign single-member entity: corporation (default, can elect disregarded via 8832)
  • Certain pre-1997 entities: grandfathered classifications

Available elections via Form 8832

  • LLC to C-Corp (any LLC)
  • LLC to S-Corp (US-owned only; requires US person shareholders)
  • Foreign default-corp to disregarded entity (foreign single-member LLC with corp default)
  • Partnership to corporation

When non-residents file Form 8832

  • Planning to raise US VC (requires C-Corp)
  • Multi-investor LLC where C-Corp tax accounting helps
  • Specific tax planning around US R&D credit eligibility
  • Most non-residents do NOT file 8832 and keep the disregarded entity default

Frequently asked questions

What is check-the-box?
Regulations letting LLCs elect their US tax classification (disregarded, partnership, or corporation).
What is the default for foreign-owned single-member LLC?
Disregarded entity (pass-through to owner). Most non-residents keep this default.
Can I revoke a check-the-box election?
Generally locked for 5 years from effective date. After 5 years, can revoke and revert to default.
When is the election deadline?
Within 75 days of formation, or up to 12 months back with reasonable cause.

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