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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IRS grants extra time for a Section 336(e) election
Shareholders sold all their stock in an S corporation target to a purchaser, and the parties intended to elect under IRC § 336(e) to treat the qualified stock disposition as an asset disposition.…
IRS grants late taxable REIT subsidiary election
A real estate investment trust owned a hotel through disregarded entities and leased the hotel to a corporate tenant that was intended to be its taxable REIT subsidiary. The lease required the joint…
IRS grants extra time for IC-DISC election
An operating S corporation formed a subsidiary to act as an interest charge domestic international sales corporation for its export business. The subsidiary entered a commission agreement, received…
IRS grants late taxable REIT subsidiary election
A real estate investment trust acquired an ownership interest in a subsidiary that leased facilities from the REIT, and both entities intended to elect taxable REIT subsidiary treatment. Their…
IRS grants extra time for Section 338(g) election
A domestic parent intended to make a § 338(g) election for a controlled foreign corporation's acquisition of a target's stock but failed to file a valid election on time. The parent represented that…
IRS grants extra time for Section 338(g) election
A domestic parent intended to make a § 338(g) election for a controlled foreign corporation's acquisition of a target's stock but failed to file a valid election on time. The parent represented that…
IRS grants extra time for a taxable REIT subsidiary election
A company intending to qualify as a real estate investment trust acquired an indirect interest in a subsidiary and planned to elect taxable REIT subsidiary status for that entity. The election was…
Corporation gets 90 days to make a late IC-DISC election
A corporation was formed to operate as an interest charge domestic international sales corporation, or IC-DISC, for an affiliated equipment exporter. Its owners and tax advisers intended to make the…
IRS permits late identification of an integrated debt and hedge transaction
A corporation issued convertible notes and bought capped call options in the same transaction, intending to treat them as an integrated debt and hedge transaction under Treasury Regulation §…
Company in liquidation gets 120 days to file a corporate classification election
A state court placed a limited liability company into liquidation and appointed a receiver whose deputy took control of the company's assets and operations. The deputy relied on a tax professional…
Late-filing relief to elect U.S. tax treatment and small-insurer status
A small foreign insurance company, owned equally by two individuals, writes extended-warranty coverage tied to a related recreational-vehicle business. It hired a tax professional who was supposed…
Late-election relief to file a consolidated return
A parent corporation heading an affiliated group of companies missed the deadline to elect to file a consolidated federal income tax return for one tax year. The election under Treas. Reg. §…
Late relief to elect corporate tax classification for a single-member LLC
A single-member LLC wanted to be taxed as a corporation from the day it was formed, but it never filed the required Form 8832 entity classification election on time. By default a single-owner LLC is…
Late relief for a foreign entity to elect disregarded status
A foreign company wholly owned by a single owner wanted to be treated as a disregarded entity (ignored as separate from its owner) for U.S. federal tax purposes, effective from a specific date. By…
Parties receive extra time for a Section 336(e) election
A partnership purchaser acquired all the stock of an S corporation from its shareholders in a transaction represented to be a qualified stock disposition. The parties intended to make an IRC §…
Affiliated group gets 90 days to elect consolidated filing
A domestic parent corporation and its affiliated group failed to make a valid election to file a consolidated federal income tax return by the filing deadline. The relevant assessment periods…
S corporation received extra time to file a Section 336(e) election
The owners intended a sale of all the stock of an S corporation to be treated as an asset sale under IRC § 336(e), but the required election statement was not filed on time. The parties requested…
REIT received 90 days to make late taxable-subsidiary elections
A company intending to qualify as a real estate investment trust acquired a predecessor's properties and subsidiaries in a transaction represented to be an F reorganization. Its former law firm…
Consolidated group received extra time to waive an NOL carryback
A consolidated group intended to waive the entire carryback period for a consolidated net operating loss and reported the loss consistently with that choice, but it failed to attach a valid election…
IRS grants a foreign entity more time to elect corporate classification
A foreign eligible entity intended to change from partnership classification to an association taxable as a corporation, but it did not file Form 8832 on time because of inadvertence. The entity…
Late-election relief for a fund to defer a post-October capital loss under § 852(b)(8)
A regulated investment company (a business development company taxed as a RIC) intended to elect under § 852(b)(8)(A) to defer a "post-October capital loss," treating it as arising on the first day…
Late-filing relief to attach four accounting-method-change forms to a corporate return
A corporation with two lines of business (manufacturing and distribution) made four accounting-method changes for a tax year using the IRS automatic-change procedures, covering depreciation, the…
Late-election relief for a foreign entity to switch from corporation to disregarded status
A single-owner foreign entity whose members all had limited liability defaulted to being treated as an association taxable as a corporation for U.S. federal tax purposes. The owner intended for it…
Late-election relief for a foreign entity to be a disregarded entity
A foreign entity with a single owner was eligible to elect to be disregarded (ignored as separate from its owner) for U.S. federal tax purposes, but it missed the deadline to file Form 8832 making…
Late-election relief to use the 70/30 safe harbor for success-based deal fees
A company that acquired another business paid its financial advisors fees that were contingent on the deal closing (success-based fees). Under a safe harbor in Revenue Procedure 2011-29, a buyer may…
Late-election relief for an LLC to be taxed as a corporation and opt out of tax-exempt-use rules
A single-member LLC, wholly owned by a § 501(c)(3) tax-exempt organization, was the co-general partner in a partnership that developed a low-income housing tax credit property for the elderly.…
IRS grants relief for late entity-classification and S corporation elections
An eligible entity intended to be classified as a corporation and taxed as an S corporation from the same effective date, but it did not timely file either Form 8832 or Form 2553. It asked for an…
IRS treats a delayed taxable REIT subsidiary election as timely despite COVID-19 filing obstacles
A publicly traded REIT indirectly acquired part of a foreign corporation and intended to elect for that corporation to be a taxable REIT subsidiary from the acquisition date. COVID-19 closures…
IRS grants a foreign insurance company 60 days to perfect its election for domestic tax treatment
A foreign insurance company and its U.S. parent had consistently filed as though the insurer had validly elected under § 953(d) to be treated as a domestic corporation and member of the parent's…
IRS grants retroactive taxable REIT subsidiary status after foreign anti-hybrid rules changed the needed structure
A REIT operated foreign data-center investments through a company that had elected to be disregarded for U.S. tax purposes. After foreign anti-hybrid rules took effect, the REIT learned that…
IRS grants late taxable REIT subsidiary election relief after an adviser missed Form 8875
A newly formed REIT owned senior-housing facilities and formed a corporate subsidiary that held an interest in the operating partnership leasing those facilities. The REIT intended to elect taxable…
IRS grants more time to fix a wrongly checked box on low-income housing credit forms
A partnership that owns a multi-building low-income housing project claimed the low-income housing tax credit under Code § 42. When it filed Forms 8609 for certain buildings, it accidentally checked…
IRS grants extra time to file a late Section 336(e) election on an S corporation stock sale
A partnership bought all the stock of an S corporation (through two disregarded entities). The buyer, the target, and the selling shareholders intended to make a "Section 336(e) election," which…
IRS grants extra time to make a late Section 754 basis-adjustment election
A limited liability company taxed as a partnership had a partner die during a tax year. That death transferred the partner's interest, a situation where a "Section 754 election" is valuable because…
IRS grants extra time to file a late Section 362(e)(2)(C) basis-reduction election
A consolidated group's foreign structure triggered a deemed asset transfer when one controlled foreign corporation's subsidiary made a check-the-box election to be treated as a corporation. Because…
IRS grants a partnership extra time to make a late § 754 basis-adjustment election after a partner's death
A § 754 election lets a partnership adjust the tax basis of its assets when a partnership interest changes hands or property is distributed, so the new owner's inside basis matches what they…
Late mark-to-market election relief denied because the traders acted with hindsight after large losses
A married couple asked the IRS for extra time under the § 301.9100 late-election rules to make a § 475(f)(1) "mark-to-market" election, which lets a qualifying securities trader deduct trading…
120-day extension to file a late entity-classification election so a foreign entity is taxed as a partnership
A foreign business entity that is eligible to choose how it is taxed in the United States wanted to be classified as a partnership rather than as a corporation, but it missed the deadline to file…
IRS grants a foreign entity extra time to file a late "check-the-box" election to be treated as a disregarded entity
Under the "check-the-box" rules, an eligible business entity can choose how it is taxed by filing Form 8832; a foreign entity with a single owner can elect to be "disregarded" so it is treated as a…
IRS grants a foreign entity extra time to file a late "check-the-box" election to be treated as a disregarded entity
Under the "check-the-box" rules, an eligible business entity can choose how it is taxed by filing Form 8832; a foreign entity with a single owner can elect to be "disregarded" so it is treated as a…
IRS grants a foreign entity extra time to file a late "check-the-box" election to be a disregarded entity
Under the "check-the-box" rules, an eligible business entity chooses how it is taxed by filing Form 8832; a foreign entity with a single owner can elect to be "disregarded," meaning it is treated as…
IRS grants a late § 108(b)(5) election letting an insolvent company cut depreciable-property basis instead of its net operating losses
When debt is cancelled, the forgiven amount is normally taxable, but § 108 lets an insolvent taxpayer exclude it from income; the price is that the taxpayer must "reduce tax attributes," which by…
Parties receive time to file a late § 336(e) election statement
A partnership-taxed purchaser acquired all shares of an S corporation, and the parties intended to elect under IRC § 336(e) to treat the stock sale as an asset sale. A qualified tax professional…
Estate receives 120 days to make a late portability election
An estate that was not otherwise required to file Form 706 failed to timely elect portability of the decedent's unused estate and gift tax exclusion to the surviving spouse. Because the filing…
Corporation receives S status relief after four trusts missed ESBT elections
A parent S corporation created a wholly owned subsidiary and elected qualified subchapter S subsidiary status for it. Four trusts later acquired parent stock but did not timely make electing small…
Foreign corporation receives time to elect disregarded-entity status
A foreign private limited corporation was wholly owned by a foreign revocable grantor trust whose settlor and primary beneficiary had become a U.S. citizen. The corporation was eligible to elect…
Corporate group receives 90 days to make a late consolidated-return election
A domestic parent corporation and its affiliated group failed to timely make the election to file a consolidated federal income tax return. The parent requested relief under Treas. Reg. § 301.9100-3…
Partnership receives 120 days to make a late § 754 election
A limited liability company taxed as a partnership intended to elect under IRC § 754 to adjust the basis of partnership property, but omitted a valid election from its timely filed return. It…
Late-election relief to claim a hurricane timber loss in the prior year
Taxpayers who operate timber farms had three tracts damaged by a hurricane in a federally declared disaster area. The tax law (Section 165(i)) lets a disaster-area loss be claimed in the tax year…
Extra time granted to make a late election to file a consolidated return
A parent corporation heads an affiliated group that wanted to file a single consolidated federal income tax return for one tax year. To do that, the group has to make an election under Treas. Reg. §…
Extra time granted to file a late Section 336(e) election for an S corporation stock sale
A partnership bought all the stock of an S corporation, and the S corporation later merged into a disregarded LLC owned by the buyer. The parties intended to make a Section 336(e) election, which…
Extra time granted to file a late Section 336(e) election after a tax professional missed the deadline
Buyers acquired all the stock of an S corporation from its seller and wanted the stock sale treated as an asset sale for tax purposes. A Section 336(e) election does exactly that when a deal is a…
Partnership receives 120 days to make a late § 754 election
A limited liability company taxed as a partnership intended to elect under IRC § 754 to adjust the basis of partnership property, but omitted a valid election from its timely filed return. It…
Foreign entity receives 120 days to file a late disregarded-entity election
A foreign single-owner business entity was eligible to elect disregarded status for federal tax purposes but did not timely file Form 8832. It sought relief under Treas. Reg. § 301.9100-3 to make…
Parties receive late-election relief to treat an S corporation stock sale as an asset sale
A purchaser acquired all the stock of an S corporation, and the parties intended to elect under IRC § 336(e) to treat the stock sale as an asset sale. They did not timely execute the required…
IRS grants late mark-to-market elections for passive foreign investment company funds
A taxpayer invested through multiple funds that were passive foreign investment companies, or PFICs. Its accounting firm failed to identify the funds as PFICs and did not advise the taxpayer to make…
IRS grants late election for the success-based fee safe harbor
A corporation incurred success-based fees in connection with two stock acquisition transactions. Its tax professional prepared the return using the safe harbor in Rev. Proc. 2011-29, deducting 70…
Foreign insurer gets more time for domestic-corporation and small-insurer elections
A foreign insurance company hired a tax professional to make elections to be treated as a domestic corporation under IRC § 953(d) and as a small insurance company under § 831(b). The adviser filed…
REIT gets 90 days to file three missed taxable-subsidiary elections
A hotel REIT and three operating subsidiaries intended to make taxable REIT subsidiary elections when the REIT acquired interests in the subsidiaries. The company's tracking spreadsheet showed that…
IRS grants a foreign entity extra time to elect disregarded-entity status (late Form 8832 relief)
A foreign business entity, wholly owned by a foreign partnership, was eligible to elect to be treated as a "disregarded entity" (ignored as separate from its owner) for U.S. federal tax purposes,…
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.