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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PLR 1338016: IRS treats an S corporation election as continuing after an inadvertent termination
An S corporation's shareholder died, and the estate distributed the shares to a trust. The trust was eligible to be a shareholder for a limited period, but no timely qualified subchapter S trust…
PLR 1338015: IRS grants relief for a late S corporation election
A corporation's shareholders intended to elect S corporation status but did not timely file Form 2553. The corporation requested relief for reasonable cause under IRC § 1362(b)(5). The IRS found…
PLR 1338012: IRS grants relief for a late S corporation election
A corporation's sole shareholder intended for the corporation to be an S corporation, but Form 2553 was not timely filed. The corporation asked the IRS to treat the election as timely made under IRC…
PLR 1338008: IRS grants relief for a late S corporation election
A corporation intended to elect S corporation status effective on its incorporation date, but the election was not timely filed. The IRS found that the corporation had reasonable cause for the late…
PLR 1338006: IRS grants relief for a late S corporation election
A corporation's sole shareholder intended to elect S corporation status effective on a specified date, but Form 2553 was not timely filed. The IRS found reasonable cause for the late filing and…
PLR 1337004: S corporation receives more time to elect QSub status
An S corporation asked for extra time to elect to treat two wholly owned subsidiaries as qualified subchapter S subsidiaries, or QSubs, effective on an earlier date. The IRS found that the…
PLR 1337002: Corporation receives relief for a late S election
A newly incorporated company intended to elect S corporation status effective on its incorporation date but did not timely file Form 2553. The IRS found that the company had reasonable cause for the…
PLR 1337001: IRS grants inadvertent S election termination relief
An S corporation implemented an employee equity compensation arrangement through a newly formed entity and an amended operating agreement that created a new class of stock. The corporation later…
PLR 1336003: IRS permits a late S corporation election
The taxpayer intended to become an S corporation but did not timely file Form 2553. It asked the IRS to allow the election to be effective on the intended date. Based on the submitted facts and…
IRS grants relief for a late S corporation election
The IRS granted a corporation relief for failing to timely file Form 2553 to elect S corporation status. The corporation's sole shareholder intended the election to be effective on the specified…
IRS grants reasonable-cause relief for a late S corporation election
The IRS granted a corporation relief for failing to timely file Form 2553 to elect S corporation status. The corporation's shareholders intended the election to be effective on its incorporation…
IRS grants relief for a late S corporation election
The IRS granted a corporation relief for failing to timely file an S corporation election. The corporation intended to be treated as an S corporation effective on the specified date, but the proper…
IRS preserves an S corporation election after voided transfers to ineligible trusts
The IRS ruled that a corporation could continue to be treated as an S corporation after two shareholders transferred stock to trusts that were not eligible S corporation shareholders. A court later…
IRS preserves an S corporation election after voided transfers to ineligible trusts
The IRS ruled that a corporation could continue to be treated as an S corporation after two shareholders transferred stock to trusts that were not eligible S corporation shareholders. A court later…
CCA addresses late-filed S corporation returns and the six-year assessment period
Chief Counsel Advice addresses whether a late-filed Form 1120-S can disclose S corporation income for purposes of the six-year assessment period under IRC § 6501(e). It concludes that only the S…
PLR 1333002: IRS grants inadvertent termination relief for an S corporation with QSST shareholders
An S corporation's election terminated because three trusts that held its shares did not distribute all of their income to their beneficiaries while the beneficiaries were under age 21. The…
PLR 1330018 approves a merger and redemption transaction for an S corporation
The IRS rules on a proposed transaction involving an S corporation, its continuing shareholders, and a minority shareholder. The continuing shareholders will form a new corporation, contribute their…
PLR 1330017 approves a merger and redemption transaction for an S corporation
The IRS rules on a proposed transaction involving an S corporation, its continuing shareholders, and a minority shareholder. The continuing shareholders will form a new corporation, contribute their…
PLR 1330012 provides relief for an inadvertent S corporation termination
The IRS provides relief for an inadvertent termination of an S corporation election caused by trust shareholders that were not treated as qualified subchapter S trusts. One trust did not make the…
PLR 1330010 restores S corporation treatment after passive-income termination
The IRS provides relief after an S corporation's election terminated because it had accumulated earnings and profits and more than 25 percent passive investment income for three consecutive years.…
PLR 1329004: IRS grants relief for an inadvertently invalid S corporation election
The IRS ruled that a corporation’s S corporation election was inadvertently invalid because a trust shareholder had not made the required ESBT election. The trust was otherwise represented to…
PLR 1328029: IRS grants relief for an improperly executed S corporation election
The IRS ruled that a corporation could be treated as an S corporation from its intended effective date even though its Form 2553 was not accepted because it was improperly executed. The ruling…
PLR 1328026: IRS grants relief for a late S corporation election
The IRS ruled that a corporation could be treated as an S corporation from its intended effective date even though Form 2553 was not timely filed. The ruling granted relief under IRC § 1362(b)(5),…
PLR 1328025: IRS approves an S corporation’s redemption of non-voting stock
The IRS ruled on a proposed cash redemption of non-voting stock held by a shareholder of an S corporation. The redemption would be treated as a distribution under IRC §§ 301 and 1368 rather than as…
PLR 1328019: IRS grants extra time for multiple QSub elections
The IRS granted a corporation 120 days to make elections treating several wholly owned subsidiaries as qualified subchapter S subsidiaries. The taxpayer had inadvertently filed separate S…
PLR 1328017: IRS grants relief after a missed QSST election
The IRS ruled that a corporation’s S corporation election was inadvertently invalid because a trust beneficiary did not timely make a qualified subchapter S trust election. The IRS allowed the…
PLR 1328016: IRS continues S corporation treatment after a missed QSST election
The IRS ruled that an S corporation election terminated when a trust beneficiary failed to make a timely QSST election. The IRS found the termination inadvertent and allowed the corporation to be…
PLR 1328015: IRS continues S corporation treatment after a missed QSST election
The IRS ruled that an S corporation election terminated when a trust beneficiary failed to make a timely QSST election. The IRS found the termination inadvertent and allowed the corporation to be…
PLR 1328014: IRS grants relief after a missed QSST election
The IRS ruled that a corporation’s S corporation election terminated when a trust beneficiary failed to make a timely qualified subchapter S trust election. The IRS found the termination inadvertent…
PLR 1328013: IRS grants relief after a missed QSST election
The IRS ruled that a corporation’s S corporation election terminated when a trust beneficiary failed to make a timely qualified subchapter S trust election. The IRS found the termination inadvertent…
PLR 1328012: IRS grants relief after a missed QSST election
The IRS ruled that a corporation’s S corporation election terminated when a trust beneficiary failed to make a timely qualified subchapter S trust election. The IRS found the termination inadvertent…
PLR 1328011: IRS grants relief after a missed QSST election
The IRS ruled that a corporation’s S corporation election terminated when a trust beneficiary failed to make a timely qualified subchapter S trust election. The IRS found the termination inadvertent…
PLR 1328010: IRS grants relief after a missed QSST election
The IRS ruled that a corporation’s S corporation election terminated when a trust beneficiary failed to make a timely qualified subchapter S trust election. The IRS found the termination inadvertent…
PLR 1328009: IRS grants relief after a missed QSST election
The IRS ruled that a corporation’s S corporation election terminated when a trust beneficiary failed to make a timely qualified subchapter S trust election. The IRS found the termination inadvertent…
PLR 1328008: IRS grants relief after a missed QSST election
The IRS ruled that a corporation’s S corporation election terminated when a trust beneficiary failed to make a timely qualified subchapter S trust election. The IRS found the termination inadvertent…
PLR 1328007: IRS grants relief after a missed QSST election
The IRS ruled that a corporation’s S corporation election terminated when a trust beneficiary failed to make a timely qualified subchapter S trust election. The IRS found the termination inadvertent…
PLR 1328006: IRS grants relief after a missed QSST election
The IRS ruled that a corporation’s S corporation election terminated when a trust beneficiary failed to make a timely qualified subchapter S trust election. The IRS found the termination inadvertent…
PLR 1328004: IRS restores S corporation status after missed ESBT elections
The IRS ruled that an S corporation election terminated when two trusts became shareholders without timely ESBT elections. The IRS found the termination inadvertent and allowed the corporation to…
PLR 1328001: IRS grants relief for a late S corporation election
The IRS determined that a corporation had reasonable cause for failing to timely file Form 2553. It granted relief under IRC § 1362(b)(5), provided the corporation filed a completed Form 2553 within…
CCA 1327009: Chief Counsel allows a QSST beneficiary’s traced interest deduction
Chief Counsel considered whether interest paid by a qualified subchapter S trust, or QSST, on debt used to buy S corporation stock could be allocated to the trust’s S portion and deducted by the…
CCA 1326014: A planned transaction converts QSubs and disregarded entities and creates gain or loss on later stock sales
The Chief Counsel's Office analyzed a planned restructuring involving an S corporation, its qualified subchapter S subsidiaries, disregarded entities, partnerships, and buyers. It concluded that…
PLR 1326012: Debentures did not create a second class of stock for an S corporation
The IRS ruled that three mandatorily convertible debentures issued by a corporation did not create a second class of stock and therefore did not invalidate the corporation's S corporation election.…
PLR 1325008: IRS grants more time to make a qualified subchapter S subsidiary election
An S corporation acquired all of the stock of another corporation but did not timely file Form 8869 to elect qualified subchapter S subsidiary status for the subsidiary. The IRS concluded that the…
PLR 1325006: IRS grants relief for an inadvertent S corporation election failure
An S corporation owned two subsidiaries and had elected to treat them as qualified subchapter S subsidiaries. The corporation later discovered that the trust holding its stock had not made the…
PLR 1325003: IRS restores S corporation status after an inadvertent transfer to an ineligible shareholder
An LLC that had elected S corporation status issued interests to a shareholder who was not eligible to own S corporation stock. The IRS concluded that the S corporation election terminated when the…
PLR 1325001: IRS grants late S corporation election relief
The shareholders of a corporation intended to elect S corporation treatment when the corporation was formed, but the Form 2553 election was not filed on time. The IRS determined that the corporation…
IRS grants relief for a late S corporation election
The IRS granted a corporation relief for failing to timely file Form 2553 to elect S corporation status. The corporation intended to make the election effective on a specified date, but the filing…
IRS preserves S corporation status after an inadvertent election problem
A corporation made an S corporation election before it had shareholders, assets, or business activity. The IRS concluded that the election may have been ineffective at that early date, but that any…
IRS grants relief for a late S corporation election
A corporation intended to be treated as an S corporation from its incorporation date, but its Form 2553 was not filed on time. The IRS concluded that the taxpayer established reasonable cause for…
IRS denies a waiver allowing a former consolidated group to refile a consolidated return
A parent corporation had previously filed consolidated federal income tax returns, then elected S corporation status and made QSub elections for its subsidiaries. After the parent revoked its S…
IRS grants relief for a late S corporation election
A corporation's shareholders intended for it to be treated as an S corporation, but the corporation did not timely file Form 2553. The IRS found that the corporation had reasonable cause for the…
PLR 1324012: IRS grants relief for a late S corporation election
The IRS granted a corporation relief for failing to timely file its S corporation election. The corporation intended to be treated as an S corporation effective on the specified date, but Form 2553…
PLR 1324011: IRS treats a corporation as an S corporation after an inadvertent election problem
The IRS considered whether a corporation's S corporation election was ineffective at the start because the corporation had no shareholders, assets, or business activity. The corporation later issued…
PLR 1324007: IRS grants relief for a late S corporation election
The IRS granted a corporation relief for failing to timely file Form 2553 to elect S corporation status. The corporation's sole shareholder intended the election to be effective from the…
PLR 1324004: IRS denies an early consolidated-return waiver after an S corporation election
The IRS denied a parent corporation's request to waive the waiting period before it and former subsidiaries could file a new consolidated federal income tax return. The parent had elected S…
PLR 1324001: IRS grants relief for a late S corporation election
The IRS granted a corporation relief for failing to timely file Form 2553 to elect S corporation status. The corporation's shareholders intended the election to be effective on the specified date,…
PLR 1323014: IRS grants relief for an inadvertent S corporation termination
The IRS considered a corporation whose S corporation election was inadvertently terminated because of a specified event. The corporation represented that the termination was not motivated by tax…
PLR 1323013: IRS grants late-election and inadvertent-ineffectiveness relief for S corporation status
The IRS considered a corporation whose intended S corporation election had the wrong effective date and ownership information, was signed by an unauthorized person for a trust shareholder, and…
PLR 1323012: IRS grants late-election and inadvertent-ineffectiveness relief for S corporation status
The IRS considered a corporation whose intended S corporation election had the wrong effective date and ownership information, was signed by an unauthorized person for a trust shareholder, and…
PLR 1322036: IRS says corrective distributions did not terminate an S corporation election
The IRS ruled that an S corporation's election did not terminate when some shareholder distributions were temporarily disproportionate. The corporation's governing documents gave all shares…
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.