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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LLC gets 120 days to file late corporate classification election
A limited liability company intended to be classified as an association taxable as a corporation from a specified effective date. It failed to timely file Form 8832 to make that election and…
Estate granted 120 days to make QTIP election
A decedent's revocable trust became irrevocable at death and divided into marital and family trusts. The marital trust required income distributions to the surviving spouse and permitted principal…
Late section 336(e) election relief granted
A partnership-classified buyer acquired all the stock of an S corporation through a disregarded entity. The parties intended the stock sale to be treated as an asset sale under section 336(e), but…
Spouse granted time to elect out of automatic GST allocation
A taxpayer funded a three-year grantor retained annuity trust whose remainder would pass to a separate trust for descendants. The taxpayer and spouse elected gift splitting, so each was treated as…
Taxpayer granted time to elect out of automatic GST allocation
A taxpayer funded a three-year grantor retained annuity trust whose remainder would pass to a separate trust for descendants. The taxpayer and spouse elected gift splitting, so each was treated as…
Late section 336(e) election statement relief granted
A purchaser acquired all the stock of an S corporation, and the parties intended to elect under section 336(e) to treat the stock disposition as an asset disposition. They did not timely attach the…
Late mark-to-market election denied for hindsight and prejudice
An individual who actively traded securities sought permission to make a late section 475(f)(1) mark-to-market election. The taxpayer had not known about the election when trading began and later…
LLC granted late partnership-classification election relief
A limited liability company elected S corporation status when it was formed, which caused it to be classified as an association taxable as a corporation. It later intended to change its…
Six late corporate tax elections granted relief
A corporate group intended to make six elections involving bankruptcy loss limits, subsidiary stock basis, tangible-property capitalization, alternative depreciation, and bonus depreciation. Its…
Partnership received 60 days to make a late qualified opportunity fund election
A partnership was formed to invest in a qualified opportunity zone business and serve as a qualified opportunity fund. Its accounting firm mistakenly believed the entity was a corporation, so it did…
Parties received extra time to file a section 336(e) election statement
Shareholders sold all of an S corporation's stock to a purchaser through a disregarded entity, and the parties intended to elect under section 336(e) to treat the qualified stock disposition as an…
Late-filed qualified opportunity fund election was treated as timely
A limited partnership was formed to invest in qualified opportunity zone property and serve as a qualified opportunity fund. Its general partner asked its accountant to extend the partnership's…
Amended qualified opportunity fund election was treated as timely
A partnership was formed to invest in qualified opportunity zone property and intended to be a qualified opportunity fund from its first month. Its accountant agreed to prepare the required filings…
Late opportunity-fund self-certification was treated as timely after intervening health issues
A limited liability company was formed to invest in qualified opportunity zone property and operate as a qualified opportunity fund. A trust owned a redacted percentage of the company and was…
Three elections were treated as timely after an adviser failed to file the extension
A foreign corporation hired a tax adviser to file an extension and prepare its federal return. The adviser sent the corporation a copy of Form 7004 and indicated that it had been filed, but an…
Foreign entity received 120 days to make a late disregarded-entity election
A foreign eligible entity intended to be treated as disregarded from its owner for federal tax purposes but did not timely file Form 8832. It requested discretionary relief under the regulatory…
Foreign entity received an extension for a late disregarded-entity election
A foreign eligible entity wanted to be treated as disregarded from its owner for federal tax purposes but failed to file Form 8832 on time. It asked the IRS for discretionary relief under the rules…
LLC received 120 days to make a late disregarded-entity election
A limited liability company had previously elected to be taxed as a corporation. It later intended to change its classification and become disregarded from its owner for federal tax purposes, but it…
LLC received an extension to change to disregarded-entity status
A limited liability company had elected corporate tax treatment and later intended to become disregarded from its owner. It inadvertently missed the deadline to file the required Form 8832 for the…
Late disregarded-entity election received a 120-day extension
A limited liability company had elected to be taxed as a corporation and later intended to change to disregarded-entity treatment. It inadvertently did not file Form 8832 by the deadline for the…
LLC was allowed to file a late disregarded-entity election
A limited liability company had chosen corporate tax status and later intended to elect disregarded-entity treatment. It inadvertently missed the Form 8832 filing deadline for the desired effective…
Corporate-classified LLC received more time to elect disregarded status
A limited liability company had elected to be classified as a corporation for federal tax purposes. It later intended to become disregarded from its owner but inadvertently failed to make the Form…
LLC received 120 days to elect disregarded-entity treatment
A limited liability company had elected to be treated as a corporation and later planned to change to disregarded-entity status. The company inadvertently did not file the classification election by…
Opportunity fund's late Form 8996 was treated as timely after adviser oversight
A partnership-taxed limited liability company was formed to operate as a qualified opportunity fund. Its accounting firm was responsible for filing an extension, the partnership return, and Form…
Taxpayer received 60 days to file an omitted success-fee safe-harbor election
A corporate group paid contingent fees for services related to a merger acquisition. Its tax return applied the Revenue Procedure 2011-29 safe harbor by deducting 70 percent of the success-based…
Estate received more time to elect QTIP treatment for two marital trusts
An estate timely filed Form 706 after both the decedent and surviving spouse had died, but the return omitted two marital trusts from Schedule M and did not make qualified terminable interest…
Parties received more time to make a section 336(e) election
An individual, acting through a disregarded trust, acquired all the stock of an S corporation from its shareholder. The parties intended to treat the stock sale as an asset sale under section…
Partnership received 120 days to make a late section 754 election
A limited liability company treated as a partnership failed to make a timely section 754 election for the year in which an owner died. The partnership represented that it acted reasonably and in…
Opportunity fund received more time to file its self-certification
A limited liability company intended to operate as a qualified opportunity fund and received capital-gain contributions during its first year. Its partnership representative believed no partnership…
Late opportunity-fund self-certification was treated as timely
A partnership formed to invest in qualified opportunity-zone property knew it needed to file Form 8996 for its first year and hired advisers to handle the filing. An administrative oversight among…
Foreign entity received more time to elect disregarded status
A foreign entity represented that it was eligible to be disregarded as separate from its owner for federal tax purposes but failed to file Form 8832 on time. The IRS concluded that the requirements…
Foreign entity received 120 days to elect disregarded status
A foreign entity represented that it was eligible to be treated as disregarded from its owner but failed to file Form 8832 by the deadline. The IRS concluded that the requirements for regulatory…
Foreign entity received 120 days to elect disregarded status
A foreign entity represented that it was eligible to be treated as disregarded from its owner but failed to file Form 8832 by the deadline. The IRS concluded that the requirements for regulatory…
LLC received more time to elect disregarded status after an ownership change
A limited liability company had elected S corporation status and was therefore treated as an association taxable as a corporation. A new owner later acquired all of the company's outstanding…
LLC received more time to elect disregarded status after an ownership change
A limited liability company had elected S corporation status and was therefore treated as an association taxable as a corporation. A new owner later acquired all of the company's outstanding…
LLC could change classification after new ownership and file a late election
A limited liability company had elected S corporation status and was therefore treated as an association taxable as a corporation. Before 60 months had passed, a new owner acquired all of the…
Corporation received 60 days to make a section 59(e) election
A corporation serving the energy industry failed to timely elect under section 59(e) to amortize qualified expenditures for a fiscal year. The election can apply to research and experimental…
Estate received 120 days to make a portability election
An estate represented that it was not otherwise required to file Form 706 but had failed to timely file the return needed to transfer the decedent's unused estate and gift tax exclusion to the…
Parties received more time to make a section 336(e) election
Purchasers acquired more than 80 percent of an S corporation's stock, and the parties intended to treat the stock sale as an asset sale under section 336(e). They did not timely enter the required…
Late opportunity-fund self-certification was treated as timely
A partnership was formed to invest in qualified opportunity-zone property, but its accounting firm misunderstood when the entity and initial contributions had been created. Because of that…
Estate received more time to allocate the wife's GST exemption
A husband transferred property to an irrevocable trust for the couple's children, and the spouses elected to treat the gift as made one-half by each of them. Their tax preparer knew they intended to…
Husband received more time to allocate GST exemption to trust transfers
A husband transferred property to an irrevocable trust for the couple's children, and the spouses elected to treat the first-year gift as made one-half by each of them. Their tax preparer knew they…
Late opportunity-fund self-certification was treated as timely
A partnership formed to invest in qualified opportunity-zone property hired an accounting firm to prepare and file the returns and elections needed for qualified-opportunity-fund treatment. The firm…
Late average-income housing elections allowed
The owner of a multi-building housing project intended to choose the average-income minimum set-aside for the low-income housing credit. Contemporaneous documents showed that intent, but the owner…
More time granted to file duplicate accounting-method form
A parent corporation's accounting firm prepared a Form 3115 for two subsidiaries to change their accounting methods under section 263A. The firm timely filed the consolidated return with the…
Estate received more time to elect portability
An estate was not otherwise required to file an estate tax return because of the value of the decedent's gross estate and taxable gifts. It nevertheless needed to file Form 706 to elect portability,…
Late GILTI high-tax exclusion election allowed
A domestic parent and its consolidated group intended to make a retroactive GILTI high-tax exclusion election for their controlled foreign corporation group. The tax department and its accounting…
Late election to treat stock sale as asset sale allowed
A purchaser acquired all the shares of an S corporation, which later converted into a limited liability company disregarded for federal tax purposes. The parties intended to elect under section…
Late accounting-method change request denied
A taxpayer's accounting firm prepared a Form 3115 to change the accounting method of a disregarded subsidiary under section 263A. Shortly before the return deadline, the manager handling the return…
Late tax-exempt controlled entity election allowed
A corporation wholly owned by a nonprofit held an indirect interest in a partnership that developed low-income housing. The partnership agreement showed that the corporation always intended to elect…
Late partnership classification election allowed
A foreign private company represented that it was an eligible entity that could elect partnership classification for U.S. federal tax purposes. It inadvertently failed to file Form 8832 on time for…
Incomplete accounting-method application could be corrected
A consolidated group acquired several engineering and architectural services companies that had used the cash method as qualified personal service corporations. Its accounting firm advised changing…
Partnership received more time to change its tax year
A partnership used a calendar tax year because its tax firm mistakenly believed the majority-interest partner also used a calendar year. After learning that the majority partner used a different…
Late taxable REIT subsidiary election received a 90-day extension
A taxpayer planning to elect real estate investment trust status and its wholly owned subsidiary intended to elect jointly for the subsidiary to be treated as a taxable REIT subsidiary. Their fund's…
Consolidated group received 75 days to make a late CNOL carryback waiver
The common parent of a consolidated group failed to make a valid election to give up the entire carryback period for a consolidated net operating loss. The group represented that it had not carried…
IC-DISC received 90 days to file its late election
A newly formed domestic corporation intended to elect interest charge domestic international sales corporation status for its first tax year. Its tax consultant prepared Form 4876-A and delivered it…
Late-filed qualified opportunity fund self-certification treated as timely
A partnership was formed to qualify as a qualified opportunity fund and invest indirectly in qualified opportunity zone property. Its managing member hired a law firm to form the entity but…
Target company received 60 days to make a late success-fee safe-harbor election
A privately held corporation was acquired through a taxable stock purchase and paid a financial adviser's contingent fee after the merger closed. Revenue Procedure 2011-29 offers a safe harbor that…
Opportunity fund received 60 days after its Form 8996 was filed with the wrong entity
A partnership was formed to operate as a qualified opportunity fund and received capital from multiple investors in its first year. Its accounting firm prepared returns for the partnership and…
Late qualified opportunity fund self-certification treated as timely
A partnership was organized to operate as a qualified opportunity fund and invest in qualified opportunity zone property. It relied on an accountant to prepare and file its first Form 1065 and 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.