IRS Written Determinations
Free IRS private letter rulings, technical advice memoranda, and Chief Counsel advice with plain-English summaries and the official IRS release on every page.
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Partnership received conditional relief for late Section 754 election
A limited liability limited partnership intended to make a Section 754 election for the year a partner died, but its qualified tax professional neither made nor advised it to make the election.…
Foreign entity received 120 days for late corporate classification election
A foreign eligible entity intended to elect association status, making it taxable as a corporation for U.S. federal tax purposes, but failed to file Form 8832 for the intended effective date. Based…
Taxpayer received 60 days for late success-based fee election
A consolidated group's subsidiary paid a success-based financial-adviser fee in connection with acquiring one business and selling another. The taxpayer intended to elect the Revenue Procedure…
LLC received conditional relief for late Section 754 election
A limited liability company taxed as a partnership inadvertently failed to make a Section 754 election for the year one of two spouses holding an interest as community property died. Based solely on…
Foreign entity received relief for late partnership election
A foreign eligible entity intended to elect partnership classification but inadvertently failed to timely file Form 8832. After a member died and the estate was administered, the entity became…
REIT received 90 days to make a late taxable-subsidiary election
A real estate investment trust intended for a service-provider subsidiary to be treated as a taxable REIT subsidiary effective when the subsidiary began operations. Outside counsel formed the entity…
Estate received 120 days to elect portability
An estate was not otherwise required to file Form 706 but needed an estate tax return to transfer the decedent's unused exclusion amount to the surviving spouse. The estate did not timely file the…
Parties received relief for a late Section 336(e) election
A purchaser acquired all stock of an S corporation, and the parties intended to elect under Section 336(e) to treat the stock sale as an asset sale. They relied on a qualified tax professional who…
Estate received 120 days to elect portability
An estate that was not otherwise required to file an estate tax return missed the deadline to elect portability of the deceased spouse's unused estate and gift tax exclusion. The election was needed…
Estate received 120 days to elect portability
An estate that was not otherwise required to file an estate tax return missed the deadline to elect portability of the deceased spouse's unused estate and gift tax exclusion. The election was needed…
LLC received relief for late corporate classification election
A single-owner limited liability company intended to be taxed as a corporation from its formation date but did not timely file Form 8832. Without the election, the company was disregarded as…
Estate received 120 days to elect portability
An estate that was not otherwise required to file an estate tax return missed the deadline to elect portability of the deceased spouse's unused estate and gift tax exclusion. The election was needed…
Opportunity fund received more time to file self-certification
A limited liability company taxed as a partnership was formed to serve as a qualified opportunity fund. It expected an experienced accounting firm to file its first tax return and Form 8996, but a…
Opportunity fund received 60 days to make its election
A limited liability company taxed as a partnership was created to invest in opportunity-zone property and operate as a qualified opportunity fund. The company and its advisers expected an…
Late opportunity-fund self-certification was treated as timely
Members without tax experience formed a partnership-taxed limited liability company to operate as a qualified opportunity fund. They discussed compliance work with a tax accountant but mistakenly…
Missed opportunity-fund election was accepted as timely
Members without tax experience organized a partnership-taxed limited liability company to serve as a qualified opportunity fund. They had discussed tax compliance with an accountant but…
Partnership received 120 days to make a late Section 754 election
A partnership failed to file a Section 754 election for the year a partner died, despite relying on tax advisers to make the election. The IRS found that the partnership satisfied the standards for…
Adviser omission led to late Section 754 election relief
A partner who held an interest through a grantor trust died, but the partnership's adviser did not explain the availability of a Section 754 election. The partnership therefore omitted the election…
Partnership received relief for an adviser-missed Section 754 election
A limited liability company taxed as a partnership missed a Section 754 election after a partner who held an interest through a grantor trust died. The partnership's adviser had not informed it that…
Late Section 754 election was allowed after partner's death
A limited partnership failed to make a Section 754 election after a partner who held an interest through a grantor trust died. Its adviser had not informed the partnership that the election was…
CPA filing error did not defeat opportunity-fund election
An S corporation intended to operate as a qualified opportunity fund and relied on its CPA to extend and file its first corporate return with Form 8996. An administrative error caused the CPA to…
Foreign entity received more time to elect disregarded status
A foreign single-owner eligible entity became relevant for U.S. tax purposes with a default classification as an association taxable as a corporation. It intended to change to disregarded-entity…
Foreign subsidiary received late disregarded-entity election relief
A domestic corporation formed and wholly owned a foreign eligible entity whose default classification was an association taxable as a corporation. No Form 8832, Form 8858, or Form 5471 had been…
Late election allowed foreign entity to be disregarded
A corporation formed and wholly owned a foreign eligible entity that defaulted to association status for U.S. tax purposes. Form 8832 and the related Forms 8858 and 5471 were not filed, although the…
Foreign entity obtained 120 days for a late Form 8832
A domestic corporate owner formed a foreign eligible entity that defaulted to association status. The taxpayers did not file Form 8832, Form 8858, or Form 5471, but reported the foreign entity's…
Corporation received 90 days to perfect its IC-DISC election
A corporation was formed to operate as an interest charge domestic international sales corporation. Its sole owner believed a prepared Form 4876-A had been properly executed and filed, but the IRS…
Partnership received late Section 754 election relief after a death
A partnership inadvertently failed to make a Section 754 election for the relevant year after one of its partners died. The IRS found that the partnership met the requirements for late-election…
Inadvertent Section 754 omission received late-election relief
A partnership inadvertently omitted a Section 754 election from the relevant return after a partner died. The IRS granted 120 days to make the election through the appropriate Form 1065-X or Form…
Partnership was allowed to correct a missed Section 754 election
A partnership failed to make a Section 754 election for the relevant taxable year after a partner died. The IRS concluded that the standards for late-election relief were met and gave the…
Missed partnership basis election received 120-day relief
A partnership inadvertently missed a Section 754 election for a taxable year following a partner's death. The IRS granted 120 days to make the election through Form 1065-X or Form 8082 and attach…
Consolidated group received more time to expire unusable losses
A consolidated group acquired a target corporation with separate-return-year loss carryovers that could never be used because of a Section 382 limitation. The group intended to elect under the…
Corporation could revoke its election out of bonus depreciation
An S corporation placed three-year, five-year, and seven-year qualified property in service but elected not to claim additional first-year depreciation because its timely filed return showed an…
Acquirer received more time for success-based-fee safe harbor
A consolidated group incurred financial-adviser fees in acquiring a target company and reported part of the reimbursed costs as 70 percent deductible and 30 percent capitalizable under the Rev.…
Opportunity fund received 60 days to add its missed Form 8996
A partnership was formed to operate as a qualified opportunity fund, but its managing member lacked detailed federal tax and QOF knowledge. The partnership missed both its first Form 1065 deadline…
S corporation received more time for a QSub election
An S corporation formed a wholly owned domestic subsidiary and intended to treat it as a qualified subchapter S subsidiary from formation. The parent inadvertently failed to file the QSub election…
Estate received relief for a late alternate-valuation election
An executor hired an attorney to administer an estate and an accountant to prepare Form 706. Neither adviser told the executor to make the Section 2032 alternate-valuation election, so the timely…
Parent received 120 days to file a QSub election
An S corporation wholly owned a domestic subsidiary and intended QSub treatment from the same date as the parent's S election. The parent inadvertently failed to file the subsidiary election on…
Late S corporation and two QSub elections received relief
A corporation intended S corporation status from its formation date but did not timely file Form 2553. It also wholly owned two corporations intended to be QSubs from the same date but did not file…
Partnership obtained 120 days for a missed Section 754 election
A partnership inadvertently failed to make a Section 754 election for the relevant year after a partner died. The IRS granted 120 days to file the election with Form 1065-X or Form 8082 and attach…
Estate received 120 days to make a late portability election
An estate that was not otherwise required to file an estate tax return did not timely elect portability of the decedent's unused exclusion amount for the surviving spouse. Based on the submitted…
Housing project received 120 days to make average-income elections
The owner of a multi-building low-income housing project intended to elect the average-income minimum set-aside under Section 42(g)(1)(C), as shown by contemporaneous records, but inadvertently…
Partnership's late Form 8996 was treated as a timely QOF election
A partnership intended from formation to qualify as a qualified opportunity fund, and its members contributed capital gain for that purpose. Its accountant timely filed Form 1065 but inadvertently…
LLC's amended-return Form 8996 was accepted as a timely QOF election
An LLC intended to qualify as a qualified opportunity fund, received members' capital-gain contributions, and acquired stock in a qualified opportunity zone business. Its accountant timely filed…
Foreign entity received 120 days for a late corporate-classification election
A foreign eligible entity had initially elected disregarded-entity status and later intended to be classified as an association taxable as a corporation, but it did not timely file Form 8832 for the…
Partnership received 120 days to make a late Section 754 election
A partnership inadvertently failed to make a Section 754 election for the year in which one of its partners died. The IRS found that the partnership satisfied the standards for regulatory-election…
Five acquired entities could change to disregarded status within 60 months
A buyer acquired a corporation whose five domestic eligible entities had previously elected corporate classification, and the buyer and seller made Section 338(h)(10) elections for the acquisition.…
Partnership received late-election relief after a partner's death
After a partner died, a partnership intended to make a Section 754 election to adjust the basis of partnership property, but the election was inadvertently omitted from its timely return despite…
LLC received 60 days to file its omitted QOF self-certification
An LLC was formed to operate as a qualified opportunity fund, but its manager did not know the partnership-return and Form 8996 deadline and believed the accountant would begin the filing process.…
Foreign entity received 120 days to elect corporate classification
A foreign eligible entity intended to be classified as an association taxable as a corporation but did not timely file Form 8832 with the requested effective date. The IRS found that the entity…
LLC received 120 days to file a late corporate-classification election
A domestic limited liability company intended to be classified as a corporation from a specified date but did not timely file Form 8832. Based on the submitted facts and representations, the IRS…
Partnership received 120 days for a late Section 754 election
A partnership inadvertently failed to make a Section 754 election for the year in which one of its partners died. The IRS found that the partnership satisfied the standards for regulatory-election…
Two foreign entities received late partnership-classification relief
Two foreign eligible entities whose default classifications were associations were owned by a married couple who later became U.S. tax residents. After one spouse died, the surviving spouse became…
Estate received 120 days to divide a reverse-QTIP trust for GST purposes
A decedent's estate made both a QTIP election and a reverse-QTIP election for an entire marital trust. A later transitional regulation allowed certain pre-1995 reverse-QTIP trusts with allocated GST…
Partnership could aggregate royalty interests in three adjacent mineral leases
A partnership acquired royalty interests covering three adjacent mineral leases and used cost depletion, but it lacked reserve information needed to calculate depletion separately by property. It…
Delinquent Form 8996 was treated as a timely QOF self-certification
An LLC was organized to be a qualified opportunity fund and used members' contributions to buy stock in a qualified opportunity zone business. Its first accountant incorrectly concluded that the…
Foreign entity received 120 days to elect partnership classification
A foreign eligible entity requested additional time to file Form 8832 electing partnership classification from a specified date. The IRS found that the entity satisfied the standards for…
Corporate group receives 75 days to make late consolidated-return election
A parent corporation and five subsidiaries intended to elect to file a consolidated federal income tax return but did not make a valid election by the deadline. The return later filed for the group…
Opportunity fund receives 45 days to file late self-certification
A partnership organized as a limited liability company intended to qualify as a qualified opportunity fund from the month it was formed. Its first tax adviser failed to tell it that it needed to…
Estate received 120 days to make a portability election
An estate that was not otherwise required to file Form 706 missed the deadline to elect portability of the deceased spouse's unused estate and gift tax exclusion. The estate requested discretionary…
Estate gets 120 days to make a late portability election
An estate was not otherwise required to file a federal estate tax return because of the value of the decedent’s gross estate and adjusted taxable gifts. The estate nevertheless needed to file Form…
What these documents are
- Private letter rulings (PLRs): A taxpayer asked the IRS to rule on a planned transaction before doing it. The ruling shows exactly how the IRS applied the Code to those facts.
- Technical advice memoranda (TAMs): The IRS National Office answering a question raised during an audit or other proceeding.
- Chief Counsel advice (CCAs): IRS lawyers advising their own field staff on how to apply the law.
- Determination letters: Rulings on exempt-organization matters, such as whether an organization qualifies under § 501(c)(3) or a foundation's grant procedures pass § 4945.
- Not precedent, still useful: Under 26 U.S.C. § 6110(k)(3) none of these can be cited as precedent. They remain the best public window into how the IRS actually rules on facts like yours, and practitioners read them for exactly that.