Corporation receives 60 days to file late IC-DISC election

Plain-English summary

A domestic corporation intended to elect interest charge domestic international sales corporation status from its formation. It represented that it mailed a completed Form 4876-A after following an accounting firm's instructions, but the IRS later said no election form was on file when it tried to process the corporation's first Form 1120-IC-DISC. The IRS concluded that the corporation satisfied the good-faith and government-interest standards in Treas. Reg. § 301.9100-3. It granted 60 days from the ruling date to file Form 4876-A, which would be treated as a timely election for the corporation's first taxable year. The ruling did not decide whether the corporation otherwise qualified for IC-DISC status or benefits.

Ruling snapshot

• Question: May the corporation receive more time to file Form 4876-A for its first taxable year?
• Outcome: Approved, with a 60-day extension
• 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: 201618007                                      Third Party Communication: None
Release Date: 4/29/2016                                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-127919-15
                                                       Date:
                                                       February 1, 2016

                                                       TY: -------

Legend

Taxpayer =         --------------------------------
Accounting Firm 1= -------------------
Accounting Firm 2= -----------------------------------------
Shareholder        --------------------------- -
Affiliate =        --------------------------------
Year 1 =           -------
Date 1 =           --------------------
Date 2 =           ---------------------
Date 3 =           ------------------
Date 4 =           ---------------------------

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

This responds to a letter dated August 3, 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 penalties of perjury
statements executed by appropriate parties. This office has not verified any of the
material submitted in support of the request for rulings. It is subject to verification on
examination.

PLR-127919-15                                         2

                                                 FACTS

Taxpayer is a domestic corporation wholly owned by Shareholder. Shareholder is also
the majority shareholder of Affiliate. Taxpayer was incorporated on Date 1 and was
intended to be treated as an interest charge domestic international sales corporation
(“IC-DISC”) from inception. In Year 1, Parent relied on Accounting Firm 2 to arrange for
Taxpayer to qualify as an IC-DISC, including, but not limited to, the preparation of Form
4876-A. Taxpayer represents that it mailed the completed and signed Form 4876-A to
the Service on or about Date 2.

On or about Date 3, Taxpayer filed its Form 1120-IC-DISC (“Interest Charge Domestic
International Sales Corporation Return”) for its first taxable year ended Date 4. In a
return letter, the Service stated that it was unable to process the Form 1120-IC-DISC
because Taxpayer did not have a Form 4876-A on file with the Service.

Taxpayer believes it followed Accounting Firm 2’s instructions on how to file the Form
4876-A and believes the Form 4876-A to have been timely filed.

Accounting Firm 1 submitted this request for relief under Treas. Reg. § 301.9100-3 for
an extension of time to file Form 4876-A effective Date 1.

                                        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.

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

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

PLR-127919-15                                    3

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.

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.

In accordance with the Power of Attorney on file with this office, a copy of this letter is
being sent to your authorized representative.

                                    Sincerely,

                                    _____________________________________
                                    Marissa K. Rensen
                                    Senior Counsel, Branch 6
                                    Office of Associate Chief Counsel (International)

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