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.
No determinations match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
PLR 1315014: Taxpayers receive more time to allocate GST exemption
The IRS granted an extension of time for two taxpayers to allocate generation-skipping transfer tax exemption to transfers made to an irrevocable trust. An accountant prepared the taxpayers' gift…
PLR 1315013: Estate receives 120 more days to make the section 1022 election
The IRS granted an estate an additional 120 days to file Form 8939, make the section 1022 election, and allocate basis increases to eligible property acquired from a decedent who died in 2010. The…
PLR 1315012: S corporation election remains effective after an inadvertent termination
The IRS granted relief to a corporation whose S corporation election terminated when a trust became a shareholder without making the required qualified subchapter S trust election. The trust had…
PLR 1315011: Estate receives more time to make the section 1022 election
The IRS granted the co-trustees of an estate an additional 120 days to file Form 8939, make the section 1022 election, and allocate basis increases to eligible property acquired from a decedent who…
PLR 1315010: Entity receives relief for late corporation and S corporation elections
The IRS granted an entity 120 days to make a late election to be treated as a corporation for federal tax purposes and to file a late S corporation election. The entity had intended both elections…
PLR 1315009: Recapitalization and spin-off qualify for stated tax treatment
The IRS ruled on a proposed transaction in which a publicly traded parent would recapitalize a subsidiary and distribute the subsidiary's common stock pro rata to the parent's shareholders. The…
PLR 1315008: Interest-rate hedging income qualifies as publicly traded partnership income
The IRS ruled that income earned by a publicly traded limited partnership from treasury locks, interest rate swaps, forward-start interest rate swaps, and interest rate caps was qualifying income…
PLR 1315007: Certain REIT loans are not securities for the 25-percent TRS asset test
The IRS ruled that mortgage loans secured by real property and qualifying mezzanine loans held by a real estate investment trust would not be treated as securities for the 25-percent value test…
PLR 1315006: Taxpayer receives more time to allocate GST exemption to a trust transfer
The IRS granted a taxpayer an additional 120 days to allocate generation-skipping transfer tax exemption to a lifetime transfer of limited partnership interests to an irrevocable trust. The taxpayer…
PLR 1315005: Estate receives more time to allocate GST exemption to trust transfers
The IRS granted a 120-day extension to allocate a deceased spouse's available generation-skipping transfer tax exemption to transfers made to a trust over 21 years. The couple had hired an…
PLR 1315004: REIT's planned property sales are not prohibited transactions
The IRS considered a real estate investment trust's planned sales and other dispositions of properties during a debt restructuring and portfolio liquidation. The taxpayer represented that it…
PLR 1315003: S corporation election reinstated after missed QSST elections
The IRS ruled on an S corporation whose shares had been transferred to five trusts. The trust beneficiaries had failed to make timely qualified subchapter S trust (QSST) elections, which caused the…
PLR 1315002: Consolidated group receives more time to make an extended NOL carryback election
The IRS granted a consolidated corporate group 60 additional days to make an election for an extended carryback period for a consolidated net operating loss. The group missed the election deadline…
PLR 1315001: Disability retirement benefits partly excluded as workers' compensation
The IRS considered disability retirement and survivor benefits paid under a statewide public employee retirement system. It concluded that accidental disability benefits for work-related injuries or…
Determination 1314058: IRS revokes exemption for organization operating commercial debt programs
The IRS issued a final adverse determination revoking an organization's section 501(c)(3) tax-exempt status. The examination found that the organization operated primarily through debt management,…
PLR 1314057: IRS waives 60-day IRA rollover deadline after financial-institution error
The IRS considered an elderly taxpayer's missed rollovers from two individual retirement accounts. The taxpayer relied on financial-institution personnel to transfer the distributed amounts, but the…
PLR 1314056: IRS waives rollover deadline after erroneous IRA custodian advice
The IRS considered a taxpayer who transferred an IRA distribution into an account that was not a qualified rollover IRA because the receiving company was not an approved non-bank IRA trustee or…
PLR 1314055: IRS waives the 60-day IRA rollover deadline after a taxpayer's bereavement-related mental impairment
An individual received a distribution from a deceased spouse's IRA but did not complete the rollover within 60 days. The individual represented that anxiety and stress following the spouse's death…
PLR 1314054: IRS grants extra time after a financial institution mishandles an IRA rollover
An individual received a check from an IRA and delivered it to a broker with instructions to establish a rollover IRA. The broker instead deposited the funds into a non-IRA brokerage account and…
PLR 1314053: IRS waives an IRA rollover deadline after the account owner's serious illness and death
An IRA owner received a distribution and deposited it into a checking account, intending to complete a rollover. During the 60-day period, his health rapidly declined because of a brain disorder…
PLR 1314052: IRS waives an IRA rollover deadline after a custodian misclassified an investment
An individual directed an IRA custodian to make a private-placement investment for the IRA. The custodian approved the investment process, but later treated the investment as a taxable distribution…
PLR 1314051: IRS waives an IRA rollover deadline after a custodian misclassified an investment
An individual directed an IRA custodian to make a private-placement investment for the IRA. The custodian approved the investment process, but later treated the investment as a taxable distribution…
PLR 1314050: IRS waives an IRA rollover deadline after erroneous advice about an IRA custodian
An individual transferred funds from an IRA to a company after relying on advice that the company could accept the rollover. The company was not an approved non-bank trustee, so the funds were…
Determination 1314049: IRS denies exemption to a proposed mortgage foreclosure counseling organization
The IRS denied exemption to a proposed organization that planned to provide mortgage foreclosure counseling, loss mitigation, housing and financial education, and other aid programs. The…
Determination 1314048: IRS denies exemption to a fee-based credit restoration organization
The IRS denied tax-exempt status to a nonprofit that planned to provide credit restoration, identity theft protection, credit education, and related services. The organization charged membership and…
Determination 1314047: IRS denies exemption to an equine-therapy organization linked to a for-profit riding business
The IRS denied exemption to an organization that planned to provide equine therapy, riding clinics, and related training. Its founder also owned a for-profit business that offered similar riding…
Determination 1314045: IRS denies exemption to a mortgage counseling organization
The IRS denied exemption to an organization that planned to counsel homeowners facing mortgage problems, help with loan modifications, and provide housing and financial education. It did not limit…
PLR 1314044: IRS approves a hospital system's revised governance structure
A tax-exempt hospital asked whether it would remain exempt and classified as a public charity after changing how its board related to the board of its parent healthcare system. The hospital would…
TAM 1314043: Government-contract receipts qualify partly as domestic production gross receipts
The IRS analyzed two government contracts involving the design, development, production, and delivery of defense-related systems and related software. It concluded that receipts from qualifying…
PLR 1314042: Separate regulatory statements may be combined for the section 475 valuation safe harbor
A foreign bank owned a domestic corporation that filed a consolidated federal income tax return and conducted securities dealer activities through disregarded entities. The corporation asked whether…
PLR 1314041: Late S corporation election treated as timely for reasonable cause
A corporation intended to elect S corporation status when it was incorporated, but its Form 2553 was filed late. Based on the submitted facts and representations, the IRS concluded that the…
PLR 1314040: Late S corporation election relief granted for reasonable cause
A corporation’s sole shareholder intended the corporation to be treated as an S corporation from a redacted effective date, but the required election was not timely filed. The IRS found that the…
PLR 1314039: Extension granted to correct a foreign entity classification election
A foreign single-owner entity intended to elect disregarded-entity status for federal tax purposes, but it mistakenly filed Form 8832 to be treated as an association taxable as a corporation. The…
PLR 1314038: Natural gas processing and fuel marketing income qualifies under section 7704
A corporation planned to form a publicly traded partnership that would process natural gas into dimethyl ether, a fuel for diesel engines, and market the fuel through distributors. The IRS concluded…
PLR 1314037: Extension granted for a late disregarded-entity election
A foreign eligible entity failed to timely file Form 8832 to elect disregarded-entity status for federal tax purposes. The IRS found that the entity acted reasonably and in good faith and that…
PLR 1314036: Late S corporation election relief granted
A corporation intended to be treated as an S corporation from a redacted effective date, but it did not timely file the required election. The IRS concluded that the corporation established…
PLR 1314035: Certain capital contributions excluded from an ownership-change value calculation
A loss corporation received three preferred-stock capital contributions during the two-year period before an ownership change. The taxpayer represented that the corporation used the contributions…
PLR 1314034: IRS grants 120-day relief for late entity-classification and S corporation elections
An LLC's sole member intended to have the entity treated as a corporation and to make an S corporation election, with both elections effective on a specified date. The required Forms 8832 and 2553…
PLR 1314033: IRS grants late election relief for a tax-exempt controlled entity
A corporation wholly owned by a tax-exempt parent was involved in a historic rehabilitation project. The corporation intended to elect under IRC § 168(h)(6)(F)(ii) not to be treated as a tax-exempt…
PLR 1314032: IRS grants extra time to elect out of automatic GST-exemption allocation
A donor transferred one-third interests in real property to each of three grandchildren. The donor's tax professional intended to request an extension for the donor's gift tax return but failed to…
PLR 1314031: IRS upholds S corporation status despite election-date and stock-class issues
An S corporation had several issues involving its initial election and share administration. The IRS concluded that the S election was effective on the corporation's formation date even though the…
PLR 1314030: IRS grants late entity-classification and S corporation election relief
An LLC intended to be treated as an S corporation effective on a specified date, but it did not timely file Forms 8832 and 2553. The IRS found that the taxpayer satisfied the standards for relief…
PLR 1314029: IRS treats customer-funded petroleum transport improvements as qualifying income
A publicly traded partnership earned income from terminalling, storing, and transporting crude oil, refined petroleum products, and liquefied petroleum gas. Customers sometimes funded or transferred…
PLR 1314028: IRS approves merger reorganization and consolidated-group continuity
A publicly traded corporation planned to merge a target corporation into an acquirer-owned disregarded LLC after the target distributed its operating subsidiary to its shareholders. The IRS ruled…
PLR 1314027: IRS grants late election relief for a Canadian retirement plan
A U.S. citizen living in Canada had an RRSP established before moving to the United States. The taxpayer filed U.S. returns but did not know about the election needed to defer U.S. tax on RRSP…
PLR 1314026: IRS permits a retroactive QEF election for a PFIC investment
A U.S. resident owned shares in a foreign corporation that was a passive foreign investment company. The shareholder did not know the corporation was a PFIC and did not make a timely qualified…
PLR 1314025: IRS finds orchard processing and bulk-kernel sales closely related to an existing partnership business
An electing 1987 publicly traded partnership that grew and harvested a redacted crop planned to add drying, cracking, and shelling operations and sell the resulting bulk kernels to non-retail…
PLR 1314024: IRS approves § 115 exclusion for a state agency's investment company
A state agency formed a wholly owned limited liability company to invest public funds and pursue various trading and investment strategies. The agency asked whether the company's income would be…
PLR 1314023: IRS approves § 115 exclusion for a state agency's real estate lending company
A state agency formed a wholly owned limited liability company to invest in commercial real estate loans. The agency asked whether the company's income would be excluded from gross income under IRC…
PLR 1314022: IRS approves § 115 exclusion for a state agency's real estate subsidiary
A state agency formed a parent company and a wholly owned subsidiary to acquire, hold, and sell a real estate investment. The taxpayers asked whether the subsidiary's income would be excluded from…
PLR 1314021: IRS approves § 115 exclusion for a state agency's real estate acquisition company
A state agency formed a wholly owned company to acquire, hold, and sell real estate investments using a third-party loan facility. The taxpayers asked whether the company's income would be excluded…
PLR 1314020: IRS treats vehicle repair protection contracts as insurance for federal tax purposes
Two subsidiaries of a vehicle-financing group planned to issue contracts covering certain vehicle repair costs after mechanical breakdowns. The IRS ruled that the contracts would be insurance…
PLR 1314019: IRS grants extra time for a Canadian RRSP election
The IRS granted a U.S. resident 60 days to make an election under Rev. Proc. 2002-23 for a Canadian registered retirement savings plan. The taxpayer became a U.S. resident after establishing the…
PLR 1314018: IRS grants more time to allocate GST exemption to trust transfers
The IRS granted a donor 120 days to allocate available generation-skipping transfer tax exemption to six earlier transfers into irrevocable trusts. The donor’s accountant prepared the gift tax…
PLR 1314017: IRS extends time to file mental-disability evidence for a GST tax transition rule
The estate of a decedent asked for more time to file a qualified physician's certification or other evidence that the decedent was mentally disabled continuously from October 22, 1986, until death.…
PLR 1314016: IRS grants controlled foreign corporations more time to file Form 3115
A parent company asked for more time to file the original Form 3115 needed to change the amortization accounting method of seven controlled foreign corporations. The parent had timely filed a signed…
PLR 1314015: IRS grants an LLC more time to elect partnership classification
A limited liability company asked for more time to file Form 8832 and elect to be treated as a partnership for federal tax purposes. The LLC was eligible for partnership treatment but missed the…
PLR 1314014: IRS preserves an S corporation election after an inadvertent second class of stock
A corporation asked the IRS to address an S corporation election that became ineffective because its charter created two classes of stock with different liquidation rights. The corporation amended…
PLR 1314013: IRS grants more time to make a partnership basis election
A partnership asked for more time to make a § 754 election after a partner transferred an interest and the partnership failed to file the required short-year return. The election can adjust the…
PLR 1314012: IRS restores an S corporation election after an ineligible shareholder issue
An S corporation asked for relief after issuing shares to a partnership that was not an eligible S corporation shareholder. The corporation cancelled those shares and reissued them to two eligible…
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.