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Corporation, business taxed as

Business Taxed as a Corporation

The rules you must use to determine whether a business is taxed as a corporation changed for businesses formed after 1996.

Business formed before 1997.

A business formed before 1997 and taxed as a corporation under the old rules will generally continue to be taxed as a corporation.
 Form:   8832 

Business formed after 1996.

The following businesses formed after 1996 are taxed as corporations.
  • A business entity formed under a federal or state law that refers to it as a corporation, body corporate, or body politic.
  • An association.
  • A business formed under a state law that refers to it as a joint-stock company or joint-stock association.
  • An insurance company.
  • Certain banks.
  • A business wholly owned by a state or local government.
  • A business specifically required to be taxed as a corporation by the Internal Revenue Code (for example, certain publicly traded partnerships).
  • Certain foreign businesses.
  • Any other business that elects to be taxed as a corporation by filing Form 8832.
For more information, see the instructions for Form 8832.

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Next Page: 542-Exchange of Property for Stock
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