Corporation may make late IC-DISC election

Plain-English summary

A domestic corporation was formed to operate as an interest charge domestic international sales corporation and filed returns on that basis. It later learned that neither its law firm nor accounting firm had filed the required Form 4876-A election. The IRS found that the corporation satisfied the standards for discretionary relief and granted 60 days to file the form, treating the election as timely for its first tax year. The ruling addressed timeliness only and did not determine whether the corporation otherwise qualified for IC-DISC status or benefits.

Ruling snapshot

• Question: May the corporation file a late Form 4876-A election to be treated as an IC-DISC from its first tax year?
• Outcome: Approved
• Key authorities: IRC § 992(b)(1); Temp. Treas. Reg. § 1.921-1T(b)(1); Treas. Reg. § 301.9100-3

Full text (IRS public release)

Internal Revenue Service Department of the Treasury
Washington, DC 20224

Number: 201552005 Third Party Communication: None
Release Date: 12/24/2015 Date of Communication: Not Applicable
Index Number: 9100.22-00, 992.02-00
Person To Contact:
-------------------------------------- -----------------------------, ID No. -------------
-------------------------------- -----------------
------------------------------- Telephone Number:
------------------------------------- ----------------------
Refer Reply To:
In re: -------------------------------------- CC:INTL:B06
PLR-111182-15
Date:
September 18, 2015

                                                           TY:--------------

                                                LEGEND

Taxpayer = ---------------------------------------------------------------
Accounting Firm 1 = -----------------
Accounting Firm 2 = ----------------------
Individual 1 = ---------------------
Company = --------------------------------
Law Firm = -----------------------
Date 1 = ----------------------
Date 2 = ------------------
Date 3 = ---------------------------
Date 4 = ---------------------------
Year 1 = -------
Year 2 = -------

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

This responds to a letter dated February 14, 2015, supplemented by affidavits dated
July 16, 2015, July 17, 2015 and August 10, 2015, submitted by Accounting Firm 1
requesting that the Internal Revenue Service (“Service”) grant Taxpayer an extension of
time under Treas. Reg. §§ 301.9100-1 and 301.9100-3 to file Form 4876-A (“Election To
Be Treated as an Interest Charge DISC”) for Taxpayer’s first taxable year.

The rulings contained in this letter are based upon information and representations
submitted by Taxpayer and Accounting Firm 1 and accompanied by affidavits and
penalties of perjury statements executed by appropriate parties. This office has not
verified any of the materials submitted in support of the request for rulings. It is subject
to verification on examination.
PLR-111182-15 2

                                             FACTS

Taxpayer is a domestic corporation wholly owned by Individual 1. Taxpayer was formed
for the purpose of qualifying and operating as an interest charge domestic international
sales corporation (“IC-DISC”). Taxpayer operates under a commission arrangement
with Company, which is also wholly owned by Individual 1.

Taxpayer was formed on Date 1, and intended to be treated as an IC-DISC starting
from its formation. Taxpayer retained Law Firm to assist in the formation of Taxpayer
and retained Accounting Firm 2 to assist Taxpayer in filing federal income tax returns.
Believing that Law Firm and Accounting Firm 2 had completed all necessary steps for
Taxpayer to be treated as an IC-DISC, Taxpayer began operating as such upon
formation. On Date 2, Accounting Firm 2 filed Form 1120-IC-DISC for Taxpayer’s Year
1 taxable year. On Date 3, Accounting Firm 2 filed Form 1120-IC-DISC for Taxpayer’s
Year 2 taxable year. Taxpayer received correspondence from the Service dated Date 4
that Taxpayer was ineligible to file Form 1120-IC-DISC because there was no record of
the Taxpayer filing Form 4876-A. Taxpayer subsequently discovered that neither Law
Firm nor Accounting Firm 2 had filed Form 4876-A on its behalf.

As a result, Taxpayer has requested a ruling that grants an extension of time of 60 days
from the date of the ruling letter to file Form 4876-A and that such filing will be treated
as a timely election to be treated as an IC-DISC for Taxpayer’s first taxable year.

                                    LAW AND ANALYSIS

Section 992(b)(1)(A) of the Internal Revenue Code (“Code”) provides that an election by
a corporation to be treated as a DISC1 shall be made by such corporation for a taxable
year at any time during the 90-day period immediately preceding the beginning of the
taxable year, except that the Secretary may give his consent to the making of an
election at such other times as he may designate.

Section 992(b)(1)(B) of the Code provides that such election shall be made in such
manner as the Secretary shall prescribe and shall be valid only if all persons who are
shareholders in such corporation on such first day of the first taxable year for which
such election is effective consent to such election.

Temp. Treas. Reg. § 1.921-1T(b)(1) provides, in part, that a corporation electing IC-
DISC status must file Form 4876-A and that a corporation electing to be treated as an
IC-DISC for its first taxable year shall make its election within 90 days after the
beginning of that year.

1
As used in this letter, the terms “IC-DISC” and “DISC” have the same meaning.
PLR-111182-15 3

Treas. Reg. § 301.9100-1(c) provides, in part, that the Commissioner, in exercising the
Commissioner’s discretion, may grant a reasonable extension of time under the rules
set forth in Treas. Reg. §§ 301.9100-2 and 301.9100-3 to make a regulatory election
under all subtitles of the Code except subtitles E, G, H, and I.

Treas. Reg. § 301.9100-1(b) provides that a regulatory election is an election whose
due date is prescribed by a regulation published in the Federal Register, or a revenue
ruling, revenue procedure, notice, or announcement published in the Internal Revenue
Bulletin. For this purpose, an election includes an application for relief in respect of tax.

Treas. Reg. § 301.9100-3(a) provides that requests for extensions of time for regulatory
elections that do not meet the requirements of Treas. Reg. § 301.9100-2 (automatic
extensions) must be made under the rules of Treas. Reg. § 301.9100-3. Requests for
relief subject to Treas. Reg. § 301.9100-3 will be granted when the taxpayer provides
the evidence (including affidavits described in Treas. Reg. § 301.9100-3(e)) to establish
to the satisfaction of the Commissioner that the taxpayer acted reasonably and in good
faith, and that the grant of relief will not prejudice the interests of the Government.

In the present situation, the election described in Temp. Treas. Reg. § 1.921-1T(b)(1) is
a regulatory election as defined in Treas. Reg. § 301.9100-1(b). Therefore, the
Commissioner has discretionary authority under Treas. Reg. § 301.9100-1(c) to grant
Taxpayer an extension of time, provided that Taxpayer satisfies the standards for relief
set forth in Treas. Reg. § 301.9100-3.

Based on the facts and representations submitted with Taxpayer’s ruling request, we
conclude that Taxpayer satisfies Treas. Reg. § 301.9100-3(a). Accordingly, Taxpayer is
granted an extension of time of 60 days from the date of this ruling letter to file
Form 4876-A. Such filing will be treated as a timely election to be treated as an IC-
DISC for Taxpayer’s first taxable year.

The granting of an extension in this ruling letter is not a determination that Taxpayer is
otherwise eligible to make the election or to claim IC-DISC status or benefits. See
Treas. Reg. § 301.9100-1(a). Taxpayer should attach a copy of this ruling letter to its
Federal income tax return for the taxable years to which this letter applies.

This ruling is directed only to the taxpayer requesting it. Section 6110(k)(3) of the Code
provides that it may not be used or cited as precedent. Except as expressly provided
herein, no opinion is expressed or implied concerning the tax consequences of any
aspect of any transaction or item discussed or referenced in this letter.
PLR-111182-15 4

Pursuant to a Power of Attorney on file in this office, copies of this ruling letter are being
furnished to your authorized representatives.

                                Sincerely,


                                _____________________________________
                                Christopher J. Bello
                                Chief, Branch 6
                                Office of Associate Chief Counsel (International)

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

cc: