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Is EIN notice of business status binding?

Last year my wife started her own professional practice.  For state purposes, she accidentally registered as a PLLC, even though there are no partners.  When she applied for an EIN, the CP 575 letter stated she business must file as corporation with a Form 1120.  At the same time, the letter says that determination is not binding on the IRS.

 

Does she have to file a Form 1120?  Whether as the mistaken partnership status (now corrected) or a single member LLC, which she really is, the IRS treats as a disregarded entity. If she files as either one of those, does she need to include Form 8832?

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3 Replies
DaveF1006
Expert Alumni

Is EIN notice of business status binding?

To clarify, how did she file her federal return last year? Was it filed as a Schedule C?

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Is EIN notice of business status binding?

She did not file last year. 2023 was her first year for the business.

RobertB4444
Expert Alumni

Is EIN notice of business status binding?

Then she can just file a schedule C on your personal return.  As a disregarded entity that is the simplest path, although she should consult with someone as to whether an S-election is right for her at this point.

 

@ctdkite 

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