Ezel / IRS Rulings / 201239006

CCA 201239006: CCA identifies who may be a REIT tax matters partner

Number
201239006
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Adjustments
Topics
RICs and REITs
Code sections
§ 860F
Ruling dated
August 6, 2012
Publicly released
September 28, 2012
Source
View Official PDF

Apply this to your situation

This page covers legal advice the IRS Office of Chief Counsel wrote for IRS staff, issued in 2012, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

Currency note: this determination was released in 2012
Statutory amendments, regulation changes, court decisions, or later IRS guidance may have changed the analysis since then. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, threshold, or position mentioned here.
Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It is advice from the IRS Office of Chief Counsel to IRS personnel on the facts they presented, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

Chief Counsel advice addressed the treatment of real estate investment trusts as partnerships for purposes of subtitle F of the Code, including the TEFRA procedures. It stated that under Treas. Reg. § 1.860F-4(d), only a residual interest holder may be designated as the tax matters partner.

Ruling snapshot

  • Question: Who may be designated as the tax matters partner of a REIT for the cited TEFRA procedures?
  • Outcome: Advice
  • Key authorities: IRC § 860F(e); Treas. Reg. § 1.860F-4(d)

Full text (IRS public release)

ID: CCA_2012080608131137 Number: 201239006
Release Date: 9/28/2012
Office: ----------
UILC: 860.03-00

From: -------------------
Sent: Monday, August 06, 2012 8:13:28 AM
To: --------------------
Cc: -------------------------------------------------------------------------
Subject: RE: TMP and REIT ---------

REITS are treated as partnerships for purposes of subtitle F of the Code including the TEFRA procedures
under section 860F(e).

Under Treas. Reg. 1.860F-4(d), only a residual interest holder may be designated as Tax Matters
Partner.

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