- 15 - as a corporation * * * can elect its classification for federal tax purposes as provided in this section”. In pertinent part, section 301.7701-3(g)(1)(iii), Proced. & Admin. Regs., provides: (iii) Association to disregarded entity. If an eligible entity classified as an association elects * * * to be disregarded as an entity separate from its owner, the following is deemed to occur: The association distributes all of its assets and liabilities to its single owner in liquidation of the association. Section 301.7701-2(a), Proced. & Admin. Regs., states that, “if * * * [an] entity is disregarded, its activities are treated in the same manner as a sole proprietorship, branch, or division of the owner”. Under section 301.7701-3(c)(1)(i), Proced. & Admin. Regs., a classification election, including an election to change classification, is made by filing a Form 8832 with the IRS service center designated on that form. Under subdivision (iii), the election is effective “on the date specified by the entity on Form 8832" if, as in this case, one is specified. Under section 301.7701-3(g)(3)(i), Proced. & Admin. Regs., an election to change classification “is treated as occurring at the start of the day for which the election is effective”, and “[a]ny transactions that are deemed to occur * * * as a result of a change in classification [e.g., in the case of a change in classification from association to disregarded entity, the deemed liquidation] are treated as occurring immediately before thePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011