Rick19744
Level 13
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Business & farm

You can't just arbitrarily say you want to revoke your S election.

The revocation is made by the corporation in the form of a statement filed with the IRS Service Center where the corporation initially filed its S election.  A revocation may specify a prospective effective date.  This can be any date on or after the day on which the revocation is made, but must be stated in terms of a specific day, month, and year, and not in terms of a specific event.

The statement must contain certain information.  In addition, once your S election is revoked, your entity then becomes a C corporation.  This is because initially you elected to be taxed as an association and then made the S election.  Well once the S election is revoked, you are now back to being taxed as an association.  So this means that you would need to file a form 8832 to go back to the default entity as a single member LLC.

It may just be easier to close out the LLC / S corporation and then start a new LLC which could then be taxed as a disregarded entity.

Having said all of the above, I would recommend you consult with a tax professional to work through these issues.


*A reminder that posts in a forum such as this do not constitute tax advice.
Also keep in mind the date of replies, as tax law changes.

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