How to Change an LLC Filing as an S Corp to a Sole Proprietor | Legal Beagle

How to Change an LLC Filing as an S Corp to a Sole Proprietor

Mar 31, 2013
1 minute read

A limited liability company, or LLC, is a business structure defined by state law which protects its members from personal liability for company activity and involves a less complicated operational structure than a corporation. The IRS requires an LLC to elect tax treatment as an S corporation, traditional corporation, partnership or sole proprietorship. If you originally elected S corporation tax treatment and decide to change that election to sole proprietorship, you must withdraw your original election and submit a new one. Sole proprietorship election for an LLC is reserved for companies with only one owner-member.

Withdraw your election to be taxed as an S corporation with the IRS. Draft a letter to the IRS requesting that your S corporation election, made when you filed IRS Form 2553 - Election by a Small Business Corporation, be withdrawn. State the effective date of the withdrawal. Send the letter to the IRS service center that processed the original election request.

Read More: How to Terminate an S-Corp Election & Revert to an LLC

Download IRS Form 8832 - Entity Classification Election - from the forms section of the IRS website. Fill out the form, following the instructions provided. Indicate, as directed, that you are changing your tax structure designation from corporation to sole proprietorship. Sign and date the form.

File Form 8832 with the IRS by mailing or faxing it to the address or fax number provided on the form.

Jennifer Williams

An attorney for more than 18 years, Jennifer Williams has served the Florida Judiciary as supervising attorney for research and drafting, and as appointed special master. Williams has a Bachelor of Arts in communications from Jacksonville…

Legal Beagle Logo

Legal Beagle is a keen, astute resource for legal explanations. Take control, understand your rights, and become a legal beagle.

Property of TechnologyAdvice. © 2026 TechnologyAdvice. All Rights Reserved

Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.