Choice of Entity for Foreign Operations via Checking-the-Box: Elections on Form 8832 and Compliance

Author: Robert J. Misey

Per the IRS Education Provider Standards this course must be COMPLETED by 12/31/2028 to receive credits. NOTE: Go to My Professional Profile in your CCH CPELink account settings to ensure your name, and PTIN number; matches your PTIN card

In the right circumstances, a timely filed "check-the-box" election on a Form 8832 for a business entity can offer significant tax benefits to U.S. taxpayers. For example, a company may use foreign income taxes paid as a credit to eliminate double taxation. A check-the-box election must be properly filed within 75 days of its effective date on a Form 8832. Although ostensibly a simple looking form, an improperly filed Form 8832 can have a deleterious tax effect.

Presented by former IRS attorney and noted international tax advisor, Robert J. Misey, Jr., J.D., LL.M., M.B.A. and author of the treatise, U.S. Taxation of International Transactions published by CCH, this practical two-hour online CPE course will provide detailed guidance on the procedure of making a check-the-box election — both on a timely and delinquent basis — and the practical tax planning implications for both domestic and international entities. The expert presenter will discuss the technical guidance provided by the IRS along with their experience in how the IRS applies the rules, focusing on the immediate tax consequences of the election. All professionals in public practice and in industry involved with cross-border business tax planning and compliance matters will benefit from this helpful course. Course materials will include a sample completed Form 8832 and 8858 prepared by Robert Misey.

Publication Date: October 2025

Designed For
Business tax and finance executives, directors, managers and staff; CPAs; Enrolled Agents; tax preparers and staff; accountants, attorneys and other financial advisors who work with and advise clients with cross-border activities and tax issue

Topics Covered

• Fundamentals of “checking the box”
• Timing of check-the-box elections
• Domestic tax implications of checking the box
• International tax implications of checking the box
• Completing a Form 8832 "Check-the-box election"
• International tax compliance for a "checked" entity - Form 8858

Learning Objectives

• Explain the tax law, requirements and procedures for making check-the-box elections
• Identify opportunities where making a check-the-box election will save taxes
• Explain how to make a Form 8832 Check-The-Box Election
• Explain delinquent Check-The-Box Elections
• Explain how to complete a Form 8858

Level
Basic

Instructional Method
Self-Study

NASBA Field of Study
Taxes (2 hours)

Program Prerequisites
None

Advance Preparation
None