Ezel / IRS Rulings / 202312001
Chief Counsel Advice 202312001 Released March 24, 2023 Advice

Partnership cannot elect out of BBA on a late return

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This page covers one taxpayer's ruling from 2023, which can't be cited as precedent. Ezel answers your situation under the current Code and IRS guidance, with citations.

Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It resolved one taxpayer's situation on its specific facts, 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

IRS Chief Counsel was asked whether a delinquent partnership return could make
an election out of the centralized partnership audit regime commonly called
BBA. The response was no. An election out is valid only when made on a timely
filed return, taking valid filing extensions into account.

Ruling snapshot

  • Question: Can a partnership elect out of BBA on a delinquent return?
  • Outcome: Advice given. No, the election requires a timely filed return.
  • Key authorities: IRC § 6221(b).

Full text (IRS public release)

ID: CCA_2022121407553343 [Third Party Communication:

UILC: 6221.01-00 Date of Communication: Month DD, YYYY]

Number: 202312001
Release Date: 3/24/2023
From: --------------------
Sent: Wednesday, December 14, 2022 7:55:33 AM
To: ----------------------------
Cc:
Bcc:
Subject: RE: delinquent election invalid?

Yes. An election out of BBA can only be made on a timely filed return (including
extensions).

Jenni Black (she/her)
Senior Counsel
CC:PA:07
Phone: (202) 317-5216

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