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.
A partnership gets 120 days of 9100 relief to make a late section 754 election
A limited liability company taxed as a partnership was supposed to make a section 754 election but missed the deadline. A section 754 election lets a partnership adjust the inside basis of its…
A partnership gets 120 days of 9100 relief to make a late section 754 election
A limited liability company taxed as a partnership was supposed to make a section 754 election but missed the deadline. A section 754 election lets a partnership adjust the inside basis of its…
A partnership gets 120 days of 9100 relief to make a late section 754 election
A limited liability company taxed as a partnership was supposed to make a section 754 election but missed the deadline. A section 754 election lets a partnership adjust the inside basis of its…
A partnership gets 120 days of 9100 relief to make a late section 754 election
A limited liability company taxed as a partnership was supposed to make a section 754 election but missed the deadline. A section 754 election lets a partnership adjust the inside basis of its…
A partnership gets 120 days of 9100 relief to make a late section 754 election
A limited liability company taxed as a partnership was supposed to make a section 754 election but missed the deadline. A section 754 election lets a partnership adjust the inside basis of its…
A partnership gets 120 days of 9100 relief to make a late section 754 election
A limited liability company taxed as a partnership was supposed to make a section 754 election but missed the deadline. A section 754 election lets a partnership adjust the inside basis of its…
A partnership gets 120 days of 9100 relief to make a late section 754 election
A limited liability company taxed as a partnership was supposed to make a section 754 election but missed the deadline. A section 754 election lets a partnership adjust the inside basis of its…
A partnership gets 120 days of 9100 relief to make a late section 754 election
A limited liability company taxed as a partnership was supposed to make a section 754 election but missed the deadline. A section 754 election lets a partnership adjust the inside basis of its…
A low-income housing partnership gets 9100 relief to fix an inadvertent "deep rent skewing" election on Form 8609
A partnership that owns a low-income housing tax credit project filed Form 8609 to certify its building, but it accidentally checked the box on line 10d that elects "deep rent skewing" under section…
A low-income housing partnership gets 9100 relief to correct which year its credit period begins on Form 8609
A partnership that owns a low-income housing tax credit project had to pick when the building's 10-year credit period starts: either the year the building is placed in service, or, by irrevocable…
A foreign single-member entity gets 9100 relief to file a late Form 8832 electing to be taxed as a corporation
A foreign business entity became relevant for U.S. tax purposes when a U.S. corporation acquired all of its interests. As a single-owner foreign entity with unlimited liability, its default…
A REIT gets 9100 relief to make a late election treating its subsidiary as a taxable REIT subsidiary
A real estate investment trust (REIT) set up a subsidiary to hold and operate a hotel through a common structure (a "RIDEA" arrangement) in which the subsidiary is treated as a taxable REIT…
A REIT gets 9100 relief to make a late election treating its subsidiary as a taxable REIT subsidiary
A real estate investment trust (REIT) planned to hold and operate a hotel through a common structure (a "RIDEA" arrangement) in which a wholly owned subsidiary is treated as a taxable REIT…
An LLC gets 9100 relief to file a late Form 8996 self-certifying as a Qualified Opportunity Fund
A Delaware LLC was formed to invest in opportunity-zone property and intended to be a Qualified Opportunity Fund (QOF), a vehicle that lets investors defer and reduce tax on capital gains under…
A foreign single-owner entity gets 9100 relief to file a late Form 8832 electing to be disregarded
A foreign business entity became relevant for U.S. tax purposes and wanted to be treated as a "disregarded entity," meaning it is ignored as separate from its single owner for federal tax purposes.…
A foreign entity gets 9100 relief to file a late Form 8832 electing to be classified as a partnership
A foreign business entity with at least two members became relevant for U.S. tax purposes and wanted to be treated as a partnership for federal tax purposes. Because it is a foreign entity whose…
A new corporation gets 9100 relief to make late REIT and consent dividend elections
A newly formed corporation intended to operate as a real estate investment trust (REIT) and to use a "consent dividend," a hypothetical distribution that a shareholder agrees to treat as an actual…
An S corporation that tripped the passive-income termination rule gets inadvertent-termination relief, conditioned on paying the resulting tax
An S corporation had leftover earnings and profits from an earlier period as a regular C corporation, and for three straight years more than 25 percent of its gross receipts were passive investment…
A partnership gets 9100 relief to make a late Section 754 election after a sale and redemption of partnership interests
A partnership went through a transaction in which some partners sold their interests to a buyer and the partnership redeemed the rest, and the purchase agreement called for the partnership to make a…
A partnership gets 9100 relief to make a late Section 754 election after a sale and redemption of partnership interests
A partnership went through a transaction in which some partners sold their interests to a buyer and the partnership redeemed the rest, and the purchase agreement called for the partnership to make a…
A securities-trading fund is denied 9100 relief for a late mark-to-market election because it acted with hindsight
A securities-trading fund wanted to make a mark-to-market election under section 475(f), which lets a trader treat gains and losses as ordinary (so trading losses are fully deductible rather than…
A securities-trading fund is denied 9100 relief for a late mark-to-market election because it acted with hindsight
A securities-trading fund wanted to make a mark-to-market election under section 475(f), which lets a trader treat gains and losses as ordinary (so trading losses are fully deductible rather than…
An S corporation whose return was filed five days late gets 9100 relief so its election out of bonus depreciation counts as timely
An S corporation wanted to elect out of bonus depreciation, the extra first-year deduction under section 168(k), for all classes of property it placed in service during the year. That election under…
IRS grants a 9100 extension of time for a consolidated group to make a closing-of-the-books election under Treas. Reg. section 1.382-6(b) after a section 382 ownership change
When a loss corporation undergoes an "ownership change," section 382 limits how much of its pre-change losses it can use against post-change income. Regulations let the corporation elect to "close…
IRS grants a 9100 extension of time for a consolidated group to make a closing-of-the-books election under Treas. Reg. section 1.382-6(b) after a section 382 ownership change
When a loss corporation undergoes an "ownership change," section 382 limits how much of its pre-change losses it can use against post-change income. Regulations let the corporation elect to "close…
IRS grants a 9100 extension of time to make a REIT election under section 856(c)(1) after a mailed extension form was lost
A limited partnership that elected to be taxed as a corporation intended to elect to be a real estate investment trust (REIT) by filing Form 1120-REIT for its first tax year. To buy time, its tax…
IRS grants a 9100 extension of time for an S corporation to elect QSub treatment for its subsidiary after it missed filing Form 8869
An S corporation that owned all the stock of a subsidiary intended to treat that subsidiary as a qualified subchapter S subsidiary (QSub), which makes the subsidiary disregarded so its assets and…
Housing issuer receives 60 days to make a late mortgage-credit election
A state-authorized housing issuer wanted to convert unused private-activity bond volume cap into authority for a mortgage credit certificate program. It had timely carried forward the volume cap for…
Affiliated group receives 75 days to make a late consolidated-return election
A domestic parent and its affiliated corporations failed to timely elect to file a consolidated federal income tax return by filing the consolidated return by its due date. The assessment periods…
Loss corporation receives 75 days for a late closing-of-the-books election
A loss corporation experienced a Section 382 ownership change but missed the deadline to elect to close its books on the change date. Without that election, the regulations generally allocate…
Foreign entity receives 120 days for a late disregarded-entity election
A foreign eligible entity intended to be treated as disregarded from its owner for federal tax purposes but failed to timely file Form 8832. The IRS found that the entity satisfied the discretionary…
Foreign entity receives 120 days to file a late disregarded-entity election
A foreign eligible entity was classified by default as an association taxable as a corporation. Its owners did not file Form 8832 because they did not know an election was required, while the…
Foreign entity receives 120 days to file a late partnership election
A foreign eligible entity was classified by default as an association taxable as a corporation. Its owners did not file Form 8832 because they did not know an election was required, while its…
Partnership receives 120 days to make a late Section 754 election
A partnership intended to make a Section 754 election after a member died but inadvertently omitted a properly executed election from its return. The partnership and all affected partners filed…
Foreign entity receives 120 days to file a late partnership election
A foreign eligible entity failed to file Form 8832 on time to elect partnership classification from a requested effective date. The IRS concluded that the entity met the standards for discretionary…
Consolidated group receives 90 days to make a late unified-loss election
A consolidated group failed to elect under Treasury Regulation Section 1.1502-36(d)(6)(i)(A) to reduce the parent's basis in transferred loss shares of a subsidiary by the attribute-reduction…
Buyer and target receive 60 days to elect the success-fee safe harbor
A corporate buyer and its acquisition target paid several success-based advisory fees in a covered transaction but did not make the Revenue Procedure 2011-29 safe-harbor election on their original…
IRS permits an entity to change classification within the 60-month limit
A single-owner limited liability company had elected corporate tax status and later underwent a complete ownership change. It wanted to elect disregarded-entity status effective on the acquisition…
IRS grants extra time to complete a Section 336(e) election
An individual, acting through a disregarded entity, acquired all the stock of an S corporation from its shareholders. The parties intended to make an IRC § 336(e) election so the represented…
IRS grants extra time for a Section 338(h)(10) election
A purchaser acquired all the stock of an S corporation from its shareholders. The parties intended a joint IRC § 338(h)(10) election, which would treat the target as selling all its assets and then…
IRS grants 60 days for two late consent-dividend elections
A corporation sought to make consent-dividend elections for two prior tax years. A consent dividend is a hypothetical distribution that consenting shareholders treat as an actual dividend and that…
Foreign entity receives 120 days to elect partnership status
A foreign eligible entity was classified by default as an association taxable as a corporation for U.S. tax purposes. After its majority indirect owner became a U.S. resident, that owner began…
Partnership received 120 days to make a late Section 754 election
A partnership failed to make a Section 754 election after a partner died because it was unaware of the death when it filed its return. The election would permit basis adjustments to partnership…
Foreign subsidiary received 60 days to make a late entity classification election
A foreign corporation wanted to elect retroactively to be treated as disregarded from its foreign parent for U.S. federal tax purposes. Without that election, an earlier contribution of assets…
Limited liability company received 120 days to elect corporate status
A limited liability company intended to elect to be taxed as a corporation from a specified date but inadvertently missed the deadline to file Form 8832. Its default federal tax classification was a…
Purchaser received 75 days to make late Section 338 elections for two foreign targets
A U.S. corporation acquired all the stock of two foreign corporations and intended to make Section 338(g) elections that would treat the stock purchases as asset acquisitions for federal tax…
Buyer and seller received 75 days to make a late Section 338(h)(10) election
A corporate purchaser acquired all the stock of an S corporation, and the purchaser and seller intended to make a joint Section 338(h)(10) election. That election would treat the target as selling…
Parties received 75 days to file a late Section 336(e) election statement
A partnership bought all the stock of an S corporation from its shareholders, and the parties intended to make a Section 336(e) election. That election would treat the stock disposition as an asset…
Foreign purchaser received 75 days to make a late Section 338(g) election
A foreign corporation, acting through a disregarded foreign entity, bought all the stock of another foreign corporation and intended to make a Section 338(g) election. That election would treat the…
Estate receives 120 days to make a late portability election for unused estate tax exclusion
An estate that was not otherwise required to file Form 706 missed the deadline to elect portability of the decedent's unused estate tax exclusion to the surviving spouse. The estate asked for…
Estate receives 120 days to make a late portability election for unused estate tax exclusion
An estate that was not otherwise required to file Form 706 missed the deadline to elect portability of the decedent's unused estate tax exclusion to the surviving spouse. The estate asked for…
Corporation receives 60 days to perfect a late safe-harbor election for success-based fees
A corporation paid a success-based fee when it was acquired and reported the fee using the Revenue Procedure 2011-29 safe harbor, deducting 70 percent and capitalizing 30 percent. Its return…
Estate receives 120 days to make a late portability election for unused estate tax exclusion
An estate that was not otherwise required to file Form 706 missed the deadline to elect portability of the decedent's unused estate tax exclusion to the surviving spouse. The estate requested…
Estate receives 120 days to make late QTIP elections for three marital trusts
A decedent's trust directed property into three marital trusts intended to qualify for the estate tax marital deduction. The executor hired an attorney to prepare Form 706, but the attorney omitted…
Estate receives 120 days to make a late portability election for unused estate tax exclusion
An estate that was not otherwise required to file Form 706 did not timely elect portability of the decedent's unused estate tax exclusion to the surviving spouse. The estate asked the IRS for…
Estate receives 120 days to make a late portability election for unused estate tax exclusion
An estate that was not otherwise required to file Form 706 failed to timely elect portability of the decedent's unused estate tax exclusion to the surviving spouse. The estate requested an extension…
Taxpayer receives 120 days to elect out of automatic GST exemption allocations for three years
A taxpayer made transfers over three years to an irrevocable trust primarily benefiting the taxpayer's spouse. The taxpayer's longtime return preparer incorrectly advised that no gift tax returns…
Spouses receive 120 days to elect out of automatic GST allocations for four GRAT transfers
A husband created and funded four grantor retained annuity trusts whose remainder interests passed to continuing trusts with generation-skipping transfer tax potential. The couple's accountant and…
Donor's estate and spouse receive 120 days to allocate GST exemption to a charitable remainder trust
A donor created a charitable remainder unitrust that paid a lifetime unitrust amount to a grandchild and then passed the remainder to charity. The donor and spouse elected to split the gift, but…
Representatives receive 120 days to elect portability after the surviving spouse's death
A decedent died leaving a surviving spouse, but the decedent's estate did not file Form 706 or elect portability of the unused estate tax exclusion. The surviving spouse later died, and the spouse's…
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.