Form 8832 for a Foreign-Owned LLC: Electing C Corporation Status, the 60-Month Lock and the Tax Cost
After a Form 8832 election, a foreign-owned single-member LLC is a U.S. C corporation for federal tax: a real Form 1120 + 5472, 21% federal tax, and 10% treaty withholding on dividends to a China-resident owner. The effective date can reach back 75 days, the classification is generally locked for 60 months, and late elections may qualify for relief under Rev. Proc. 2009-41 within 3 years and 75 days.
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