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 1135031: IRS grants late QSub election relief after S status termination
The parent corporation asked the IRS to allow a subsidiary to make a QSub election even though the election date preceded the five-year waiting period that ordinarily follows termination of the…
PLR 1135023: IRS allows a late S corporation election after a missed Form 2553 deadline
The company asked the IRS to recognize its S corporation election effective on the date it was incorporated, even though it did not timely file Form 2553. The company said its shareholders intended…
PLR 1135019: IRS grants late S corporation election relief
The corporation asked the IRS to recognize its S corporation election effective on a specified date, even though it did not timely file Form 2553. The corporation's sole shareholder intended for it…
PLR 1135004: IRS allows a late S corporation election after reasonable cause was shown
A corporation asked the IRS to treat an S corporation election as timely even though it did not file Form 2553 by the required deadline. The IRS concluded that the corporation had reasonable cause…
PLR 1134016: IRS grants late S corporation election relief for reasonable cause
A corporation missed the deadline to elect S corporation status and asked the IRS to treat the election as timely. The IRS found reasonable cause for the late filing and ruled that the corporation…
PLR 1134002: IRS treats an S corporation election as continuing after an inadvertent termination
A corporation's S corporation election terminated when an ineligible shareholder acquired its stock. The corporation represented that the termination was inadvertent, that the stock was returned to…
PLR 1132013: IRS preserves an S corporation election after a possible second-class-of-stock problem
The IRS ruled that a limited liability company that had elected S corporation treatment did not invalidate or terminate its election because of two earlier operating agreements. One later agreement…
PLR 1131022: IRS granted late-election relief for S corporation status
A corporation asked the IRS to treat its late S corporation election as timely. The corporation intended to be treated as an S corporation from a specified effective date but did not file the…
PLR 1131021: IRS granted relief for an inadvertently late S corporation election
A corporation asked the IRS to recognize its S corporation election from an earlier effective date after the election was inadvertently filed late. The IRS found reasonable cause for the failure and…
PLR 1131015: IRS treated an inadvertently terminated S corporation election as continuing
A corporation's S corporation election terminated after it issued a second class of stock. The corporation represented that the termination was inadvertent, that it took steps to qualify again as a…
PLR 1131005: IRS granted relief for a late S corporation election
A company intended to elect S corporation status for a specified effective date but did not timely file Form 2553. The IRS found that the company had reasonable cause for the late election and…
PLR 1129025: Company granted relief for late S corporation election
A company intended to elect S corporation status effective on its incorporation date, but its Form 2553 was not timely filed. The IRS found reasonable cause for the late election and granted relief…
PLR 1129023: IRS preserves S corporation status after disproportionate distributions
An S corporation made disproportionate distributions to its shareholders, which could have created a second class of stock and terminated its S corporation election. The corporation later made…
PLR 1129012: IRS restores S corporation status after an inadvertent ineligible-shareholder transfer
The IRS considered a corporation whose S corporation election ended when its stock was transferred to a state limited liability company that was not an eligible S corporation shareholder. The…
PLR 1129011: IRS restores S corporation status after an inadvertent ineligible-shareholder transfer
The IRS considered a corporation whose S corporation election ended when its stock was transferred to a state limited liability company that was not an eligible S corporation shareholder. The…
PLR 1129010: IRS restores S corporation status after an inadvertent ineligible-shareholder transfer
The IRS considered a corporation whose S corporation election ended when its stock was transferred to a state limited liability company that was not an eligible S corporation shareholder. The…
PLR 1129009: IRS restores S corporation status after an inadvertent ineligible-shareholder transfer
The IRS considered a corporation whose S corporation election ended when its stock was transferred to a state limited liability company that was not an eligible S corporation shareholder. The…
PLR 1129004: IRS grants relief for a late S corporation election
A corporation intended to elect S corporation status for a specified tax year but did not file the election on time. The IRS determined that the corporation had reasonable cause for the late filing…
PLR 1129003: IRS grants relief for a late S corporation election
A corporation's sole shareholder intended for it to be treated as an S corporation, but the corporation did not timely file Form 2553. The IRS determined that the corporation had reasonable cause…
PLR 1129001: IRS restores S corporation status after a late ESBT election
An S corporation's shareholder transferred the corporation's shares to a trust, but the trust's election to be treated as an electing small business trust was not timely made. The IRS determined…
PLR 1128025: IRS approves a proposed S corporation split-off and reorganization
The IRS approved tax treatment for a proposed transaction in which an S corporation would form a controlled corporation, transfer a qualified subchapter S subsidiary to it, and distribute the…
PLR 1128023: IRS grants relief for an inadvertently ineffective and terminated S corporation election
The IRS granted relief to a corporation whose S corporation election was ineffective because two trusts filed incorrect Electing Small Business Trust elections and later faced a foreign-trust issue.…
PLR 1128021: IRS grants relief for a late QSST election that invalidated S status
The IRS granted relief to a corporation whose S corporation election was ineffective because a trust shareholder did not timely file a qualified subchapter S trust election. The IRS determined that…
PLR 1128019: IRS grants relief for an inadvertently invalid S corporation election
The IRS considered a corporation's S corporation election that was invalid because one shareholder was another corporation. The corporation discovered the problem, transferred the stock to the…
PLR 1128006: IRS grants relief for a late S corporation election
A corporation asked for relief after it failed to timely file Form 2553 to elect S corporation status. The IRS found reasonable cause for the late election. It allowed the corporation to make the…
PLR 1127008: IRS grants late-election relief for LLC classification and S corporation status
An LLC asked for relief after it failed to timely file its entity classification election and S corporation election. The IRS granted 120 days to file Form 8832 to elect association treatment for…
PLR 1127005: IRS provides relief for an incomplete S corporation election
A corporation timely elected S corporation status, but its shareholder trust did not file the required Qualified Subchapter S Trust election. The IRS concluded that the S corporation election was…
PLR 1126028: Late S corporation election was treated as timely
The IRS considered a corporation's request to be treated as an S corporation from its intended effective date, even though it did not timely file Form 2553. The IRS found that the corporation had…
PLR 1126025: Permission granted for an early S corporation re-election
The IRS allowed a corporation whose S corporation election had terminated to re-elect S corporation status before the usual five-year waiting period ended. A majority shareholder who had not owned…
PLR 1126023: Foreign corporation domestication qualified as a reorganization
The IRS ruled on a foreign corporation's domestication as a new domestic corporation owned by two trusts. It concluded that the domestication qualified as an F reorganization and addressed the…
PLR 1126022: Late S corporation election was treated as timely
The IRS considered a corporation's request to be treated as an S corporation from its intended effective date, even though it did not timely file Form 2553. The IRS found that the corporation had…
PLR 1126017: Late S corporation election was treated as timely
The IRS considered a corporation's request to be treated as an S corporation from its intended effective date, even though it did not timely file Form 2553. The IRS found that the corporation had…
PLR 1126009: Inadvertent S corporation termination was disregarded
The IRS considered a corporation whose S corporation election was inadvertently terminated when an ineligible shareholder acquired its stock. The corporation represented that the termination was not…
PLR 1126005: Late S corporation election treated as timely
A corporation intended to elect S corporation status for a specified tax year, but it did not timely file Form 2553. The IRS determined that the corporation had reasonable cause for the late…
PLR 1125012: Commercial rental activity was not passive investment income for an S corporation
The IRS ruled that rental income from commercial real estate was not passive investment income for an S corporation with accumulated earnings and profits. The corporation and its shareholders…
PLR 1125011: Commercial rental activity was not passive investment income for an S corporation
The IRS ruled that rental income from a commercial property was not passive investment income for an S corporation with accumulated earnings and profits. The corporation and its shareholders…
PLR 1125003: Late S corporation election accepted for reasonable cause
The IRS granted a corporation relief for failing to timely file its election to be treated as an S corporation. The corporation intended to make the election effective on its incorporation date, but…
PLR 1125001: Late S corporation election accepted for reasonable cause
The IRS granted a corporation relief for failing to timely file its election to be treated as an S corporation. The corporation was intended to have S corporation status effective on a specified…
PLR 1124007: IRS grants late S corporation election relief
The IRS granted a corporation relief for failing to make an S corporation election on time. The taxpayer intended the election to be effective on a specified date but did not timely file Form 2553.…
PLR 1124005: IRS grants late S corporation election relief
The IRS ruled that a corporation may be treated as an S corporation effective on its incorporation date, even though its election was not timely filed. The IRS found reasonable cause for the late…
PLR 1124002: IRS grants late S corporation election relief
The IRS granted a corporation relief for failing to make an S corporation election on time. The corporation intended to be treated as an S corporation effective on its incorporation date, but the…
PLR 1123023: IRS restores S corporation treatment after an inadvertent trust-shareholder termination
An S corporation's election terminated when a revocable trust holding its shares remained in place after the two-year post-death period for a permitted trust shareholder. The successor trustees…
PLR 1123021: IRS permits a late S corporation election and preserves the election after a possible stock-class problem
A corporation asked the IRS to permit a late election to be treated as an S corporation. It also asked whether a shareholder agreement may have created a second class of stock and terminated its S…
PLR 1123013: IRS denies relief for an untimely S corporation election
A company asked the IRS to treat it as an S corporation from a specified date after it failed to timely file Form 2553. The company had initially intended to seek tax-exempt status, then changed its…
PLR 1123012: IRS restores S corporation treatment after an ineligible trust held stock
An S corporation asked the IRS for relief after a trust that held its stock became an ineligible shareholder and terminated the S corporation election. The corporation said the termination was…
PLR 1123011: IRS preserves S corporation status after stock moves to a joint trust
An S corporation asked for relief after its sole shareholder transferred stock held through a disregarded entity to a joint living revocable trust. The corporation believed the transfer may have…
PLR 1123010: IRS preserves S corporation status after stock moves to a joint trust
An S corporation asked for relief after its sole shareholder transferred stock held through a disregarded entity to a joint living revocable trust. The corporation believed the transfer may have…
PLR 1123009: IRS preserves S corporation status after stock moves to a joint trust
An S corporation asked for relief after its sole shareholder transferred stock held through a disregarded entity to a joint living revocable trust. The corporation believed the transfer may have…
PLR 1123008: IRS preserves S corporation status after stock moves to a joint trust
An S corporation asked for relief after its sole shareholder transferred stock held through a disregarded entity to a joint living revocable trust. The corporation believed the transfer may have…
PLR 1123004: IRS grants relief for a late S corporation election
A corporation asked the IRS to recognize a late S corporation election effective from a specified date. The IRS found reasonable cause for the late filing and granted relief under § 1362(b)(5). The…
PLR 1122013: IRS grants relief for a late S corporation election
The IRS granted relief to a corporation whose Form 2553 election to be treated as an S corporation was filed late. The corporation established reasonable cause for the late election under IRC §…
PLR 1122008: IRS grants late QSub election relief
An S corporation wholly owned a domestic subsidiary and intended to treat that subsidiary as a qualified subchapter S subsidiary, or QSub, effective on its incorporation date. The S corporation did…
PLR 1122006: IRS grants relief for a late S corporation election
The shareholders of a corporation intended for it to be treated as an S corporation from its incorporation date, but the election was filed late. The IRS determined that the corporation had…
PLR 1122004: IRS restores S corporation status after inadvertent termination
An S corporation formed wholly owned subsidiaries that caused its S election to terminate under the rules then applicable to corporations that were members of an affiliated group. The corporation…
PLR 1122003: IRS approves separate trust shares and QSST elections
An electing small business trust held stock in an S corporation and divided its income among multiple beneficiaries under the trust terms. The IRS concluded that each beneficiary's substantially…
PLR 1122001: IRS restored S corporation status after an inadvertent shareholder transfer
The IRS considered a corporation whose S election ended when its shares were transferred to an ineligible shareholder. The corporation and its shareholders took corrective action after discovering…
PLR 1121012: late S corporation election treated as timely after reasonable cause was established
The IRS granted a corporation relief for failing to timely elect S corporation status. The corporation intended to make the election effective on a specified date, but did not file the required…
PLR 1121004: late S corporation election treated as timely after reasonable cause
The IRS granted a corporation relief for failing to timely elect S corporation status. The corporation was intended to be treated as an S corporation from its incorporation date, but the election…
PLR 1119024: corporation may make a late S corporation election after showing reasonable cause
A corporation asked the IRS for relief after it failed to timely file Form 2553 to elect S corporation status. The IRS concluded that the corporation had reasonable cause for the late election. It…
PLR 1119022: S corporation election treated as continuing after inadvertent IRA shareholder termination
An S corporation's election terminated when two individual retirement accounts, which were ineligible S corporation shareholders, acquired its stock. The IRS concluded that the termination was…
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.