PLR 200504018: Foreign entity gets more time for classification election

Plain-English summary

A foreign entity intended to elect treatment as a disregarded entity for U.S. federal tax purposes but did not file Form 8832 on time. It represented that it was eligible to make the election. The IRS found the requirements for discretionary filing relief satisfied and granted 60 days from the ruling letter to submit Form 8832. The election could use the originally intended effective date, and a copy of the ruling was to be attached. The IRS expressed no opinion on other tax consequences.

Ruling snapshot

• Question: Could the foreign entity file a late election to be disregarded for federal tax purposes?
• Outcome: Approved, with 60 days to file Form 8832.
• Key authorities: Treas. Reg. §§ 301.7701-3(c), 301.9100-3.

Full text (IRS public release)

Internal Revenue Service
Department of the Treasury
Washington, DC 20224
Number: 200504018
Third Party Communication: None
Release Date: 1/28/05
Date of Communication: Not Applicable
Index Number: 9100.00-00
Person To Contact:
----------------------------
------------------------, ID No. -------------
------------------------------------
Telephone Number:
---------------------------------
---------------------
-------------------------
Refer Reply To:
-----------------------------
CC:PSI:B01
PLR-134717-04
Date:
-
October 19, 2004

Legend

X = -------------------------------------------------
-------------------------------------------------
Country = ------------
Entity = ----------------
Date = --------------------------

Dear ----------------------:

This letter responds to a letter dated June 11, 2004, written on behalf of X requesting a ruling that X be granted an extension of time under §301.9100-3 of the Procedure and Administration Regulations to file an election under §301.7701-3(c) to be treated as a disregarded entity for federal tax purposes.

FACTS

According to the information submitted, X is a Country Entity. X intended to elect to be treated as a disregarded entity for federal tax purposes effective Date, however, the Form 8832, Entity Classification Election, inadvertently was not timely filed. X represents that it is an entity that is eligible to elect, under §301.7701-3(c), to be a disregarded entity for federal income tax purposes.

LAW AND ANALYSIS

Section 301.7701-3(a) provides, in part, that a business entity that is not classified as a corporation under §301.7701-2(b)(1), (3), (4), (5), (6), (7), or (8) (an eligible entity) can elect its classification for federal tax purposes as provided in §301.7701-3.
PLR-134717-04
2

Section 301.7701-3(b)(2) provides guidance on the classification of a foreign eligible entity for federal tax purposes. Generally, a foreign eligible entity is treated as an association taxable as a corporation if all members have limited liability, unless the entity makes an election to be treated otherwise. If a foreign eligible entity has one owner, it may elect to be treated as a disregarded entity pursuant to the rules in §301.7701-3(c). If a foreign eligible entity has more than one owner, it may elect to be treated as a partnership pursuant to the rules in §301.7701-3(c). Section 301.7701-3(c) provides that an entity classification election must be filed on Form 8832 and can be effective up to 75 days prior to the date the form is filed or up to 12 months after the date on which the form is filed.

Under §301.9100-1(c), the Commissioner may grant a reasonable extension of time to make a regulatory election, or a statutory election (but no more than six months except in the case of a taxpayer who is abroad), under all subtitles of the Code, except subtitles, E, G, H, and I. Section 301.9100-1(b) defines the term "regulatory election" as including an election whose deadline is prescribed by a regulation published in the Federal Register.

Sections 301.9100-1 through 301.9100-3 provide the standards the Commissioner will use to determine whether to grant an extension of time to make an election. Section 301.9100-1(a).

Section 301.9100-2 provides automatic extensions of time for making certain elections. Section 301.9100-3 provides extensions of time for making elections that do not meet the requirements of §301.9100-2.

Requests for relief under §301.9100-3 will be granted when the taxpayer provides evidence to establish that the taxpayer acted reasonably and in good faith, and that granting relief will not prejudice the interests of the Government. Section 301.9100-3(a).

CONCLUSION

Based solely on the facts submitted and the representations made, we conclude that the requirements of §301.9100-3 have been satisfied. As a result, X is granted an extension of time of 60 days from the date of this letter to file Form 8832 with the appropriate service center and elect to be treated as a disregarded entity for federal tax purposes, effective Date. A copy of this letter should be attached to the election.

Except as specifically set forth above, no opinion is expressed or implied as to the federal income tax consequences of the transactions described above under any other provision of the code.
PLR-134717-04
3

This ruling is directed only to the taxpayer on whose behalf it was requested.
Section 6110(k)(3) of the Internal Revenue Code provides that it may not be used or cited as precedent.

Pursuant to a power of attorney on file with this office, a copy of this letter is being sent to the first representative listed.

Sincerely,

/s/ Heather C. Maloy

Heather C. Maloy
Associate Chief Counsel
(Passthroughs and Special Industries)

Enclosures (2)
Copy of this letter
Copy for section 6110 purposes

cc: ------------------------
--------------------------------
----------------------------------------
----------------------------------

----------------------------------
--------------------------------------------------------------------------------------------
--------------------------------------------
----------------------------------