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 200952006: A single-member LLC received entity-classification and S-election relief
The IRS granted a single-member LLC 60 days to elect association treatment taxable as a corporation and provided relief for its late S corporation election. The LLC had been treated as a disregarded…
PLR 200952005: An S corporation’s passive-income termination was treated as inadvertent
The IRS treated an S corporation as continuing to be an S corporation after its election terminated because the corporation had accumulated earnings and profits and more than 25 percent passive…
PLR 200952004: A company could use a hold-constant method for section 382 ownership changes
The IRS allowed a loss group to use a hold-constant method when determining five-percent shareholders’ ownership increases and identifying section 382 change dates. The method treated a…
PLR 200952003: A taxpayer received consent for a retroactive QEF election
The IRS consented to a taxpayer’s retroactive qualified electing fund election for an investment in Corporation C, a passive foreign investment company. The taxpayer became a U.S. resident, did not…
PLR 200952002: A taxpayer received consent for a retroactive QEF election
The IRS consented to a taxpayer’s retroactive qualified electing fund election for an investment in Corporation B, a passive foreign investment company. The taxpayer became a U.S. resident, did not…
PLR 200952001: A taxpayer received consent for a retroactive QEF election
The IRS consented to a taxpayer’s retroactive qualified electing fund election for an investment in Corporation A, a passive foreign investment company. The taxpayer became a U.S. resident, did not…
PLR 200951044: An IRA rollover made one day late was allowed
The IRS waived the 60-day rollover requirement for a distribution from an individual retirement account. The taxpayer said the deadline fell on a Sunday, the distributed amount was not used for…
PLR 200951043: Caregiving responsibilities justified waiving a late IRA rollover
The IRS waived the 60-day rollover requirement for a distribution from an individual retirement account. The taxpayer missed the deadline while caring for her seriously ill mother, and she also had…
PLR 200951042: An advisor's account error justified waiving the rollover deadline
The IRS waived the 60-day rollover requirement for four distributions from an employee stock ownership plan. The taxpayer intended to transfer the distributions directly to an individual retirement…
PLR 200951041: Reliance on a financial advisor justified waiving a late IRA rollover
The IRS waived the 60-day rollover requirement for a distribution from an individual retirement annuity. The taxpayer relied on a financial advisor to move the funds to another IRA, but the advisor…
PLR 200951040: A company's failure to deposit a security justified waiving a late IRA rollover
The IRS waived the 60-day rollover requirement for a distribution from an individual retirement account. The taxpayer withdrew the amount to purchase a security and intended for the security to be…
PLR 200951039: Variable annuity phases could satisfy minimum distribution and survivor annuity rules
An insurance company asked how two variable annuity contracts would be treated when used with defined contribution plans. The IRS ruled that required minimum distributions would be determined under…
PLR 200951038: Foundation received five more years to dispose of inherited business holdings
The IRS granted a private foundation an additional five years to dispose of excess business holdings it inherited from a founder. The foundation said it had made diligent efforts to sell the…
PLR 200951037: Endowment unit payments would not create unrelated business income
An educational organization that served as trustee and remainder beneficiary of charitable remainder trusts proposed issuing the trusts contractual units tied to its endowment. The IRS ruled that…
PLR 200951036: Scholarship program received advance approval
The IRS approved a private foundation’s program to provide scholarships to academically qualified students who attend or want to attend an educational institution and need financial assistance. The…
CCA 200951035: Bankruptcy can convert partnership items and affect TEFRA proceedings
This Chief Counsel Advice addresses how bankruptcy affects partnership items governed by the TEFRA partnership procedures. It explains when partnership items of a bankrupt partner convert to…
PLR 200951034: Company could make a late S corporation election
The IRS allowed a company to make a late election to be treated as an S corporation. The company’s shareholder intended the election to take effect when the company was incorporated, but Form 2553…
CCA 200951033: Employee FICA overpayments use the regular interest rate when paid through
This Chief Counsel Advice addresses which interest rate applies when an employer receives a refund of overpaid FICA taxes and pays the employee’s share through to the employee. It concludes that the…
CCA 200951032: State-law vesting decisions do not control FICA treatment of deferred compensation
This Chief Counsel Advice addresses FICA treatment of benefits under a nonqualified deferred compensation plan maintained by a public-sector employer. It concludes that the collective bargaining…
PLR 200951031: Foreign futures exchange qualified under section 1256
The IRS determined that a foreign commodity futures exchange qualified as a “qualified board or exchange” for section 1256 purposes. The exchange was supervised by a securities commission, used a…
PLR 200951030: Extension granted to correct a Taxable REIT Subsidiary election
The IRS granted a company and its subsidiary 60 days to file a corrected election to treat the subsidiary as a Taxable REIT Subsidiary. The companies had filed earlier forms, but later discovered…
PLR 200951029: Late S corporation election treated as timely
The IRS ruled that a company had reasonable cause for failing to timely file its S corporation election. The company and its shareholder had reported income consistently with the intended S…
PLR 200951028: Public retiree health-benefit trust receives tax rulings
The IRS ruled on a public school board's plan and trust for providing medical and prescription drug benefits to retirees and eligible family members. It concluded that the trust's income was derived…
PLR 200951027: Public retiree health-benefit trust receives tax rulings
The IRS ruled on a public school board's plan and trust for providing medical and prescription drug benefits to retirees and eligible family members. It concluded that the trust's income was derived…
PLR 200951026: Public retiree health-benefit trust receives tax rulings
The IRS ruled on a public school board's plan and trust for providing medical and prescription drug benefits to retirees and eligible family members. It concluded that the trust's income was derived…
PLR 200951025: Retiree health trust income excluded under IRC § 115
The IRS ruled on a nonprofit organization formed by public school boards to help participating employers provide retiree health insurance benefits. It concluded that the trust's income was derived…
PLR 200951024: Purchased state tax credit has a cost basis
The IRS ruled on a corporation's purchase of transferable state venture capital tax credits. The corporation's basis in the credits was the cost it paid to purchase them. When it used a credit to…
PLR 200951023: Retroactive QEF election permitted for a PFIC investment
The IRS consented to a U.S. taxpayer's retroactive qualified electing fund election for an investment in a passive foreign investment company. The taxpayer said that foreign trustees had not…
PLR 200951022: Retroactive QEF election permitted for a PFIC investment
The IRS consented to a U.S. taxpayer's retroactive qualified electing fund election for an investment in a passive foreign investment company. The taxpayer said that foreign trustees had not…
PLR 200951021: Retroactive QEF election permitted for a PFIC investment
The IRS consented to a U.S. taxpayer's retroactive qualified electing fund election for an investment in a passive foreign investment company. The taxpayer said that foreign trustees had not…
PLR 200951020: Retroactive QEF election permitted for a PFIC investment
The IRS consented to a U.S. taxpayer's retroactive qualified electing fund election for an investment in a passive foreign investment company. The taxpayer said that foreign trustees had not…
PLR 200951019: Retroactive QEF election permitted for a PFIC investment
The IRS consented to a U.S. taxpayer's retroactive qualified electing fund election for an investment in a passive foreign investment company. The taxpayer said that foreign trustees had not…
PLR 200951018: Retroactive QEF election permitted for a PFIC investment
The IRS consented to a U.S. taxpayer's retroactive qualified electing fund election for an investment in a passive foreign investment company. The taxpayer said that foreign trustees had not…
PLR 200951017: Retroactive QEF election permitted for a PFIC investment
The IRS consented to a U.S. taxpayer's retroactive qualified electing fund election for an investment in a passive foreign investment company. The taxpayer said that foreign trustees had not…
PLR 200951016: Retroactive QEF election permitted for a PFIC investment
The IRS consented to a U.S. taxpayer's retroactive qualified electing fund election for an investment in a passive foreign investment company. The taxpayer said that foreign trustees had not…
PLR 200951015: Retroactive QEF election permitted for a PFIC investment
The IRS consented to a U.S. taxpayer's retroactive qualified electing fund election for an investment in a passive foreign investment company. The taxpayer said that foreign trustees had not…
PLR 200951014: Retroactive QEF election permitted for a PFIC investment
The IRS consented to a U.S. taxpayer's retroactive qualified electing fund election for an investment in a passive foreign investment company. The taxpayer said that foreign trustees had not…
PLR 200951013: Retroactive QEF election permitted for a PFIC investment
The IRS consented to a U.S. taxpayer's retroactive qualified electing fund election for an investment in a passive foreign investment company. The taxpayer said that foreign trustees had not…
PLR 200951012: Retroactive QEF election permitted for a PFIC investment
The IRS consented to a U.S. taxpayer's retroactive qualified electing fund election for an investment in a passive foreign investment company. The taxpayer said that foreign trustees had not…
PLR 200951011: Retroactive QEF election permitted for a PFIC investment
The IRS consented to a U.S. taxpayer's retroactive qualified electing fund election for an investment in a passive foreign investment company. The taxpayer said that foreign trustees had not…
PLR 200951010: Retroactive QEF election permitted for a PFIC investment
The IRS consented to a U.S. taxpayer's retroactive qualified electing fund election for an investment in a passive foreign investment company. The taxpayer said that foreign trustees had not…
PLR 200951009: Late S corporation election treated as timely
The IRS ruled that a company had reasonable cause for failing to timely file its S corporation election. The company's sole shareholder intended the company to be an S corporation from its…
PLR 200951008: Partnership granted more time to make a § 754 election
The IRS granted a partnership 60 days to make a valid election under IRC § 754 after a technical termination under § 708(b)(1)(B). The partnership's tax return for the relevant year had been filed…
PLR 200951007: Partnership granted more time to make a § 754 election
The IRS granted a partnership 60 days to make a valid election under IRC § 754 after a technical termination under § 708(b)(1)(B). The partnership's tax return for the relevant year had been filed…
PLR 200951006: Officers not covered employees for a short taxable year
The IRS ruled that a corporation's officers were not covered employees for purposes of the IRC § 162(m) deduction limit in the corporation's short taxable year ending when a merger was completed.…
PLR 200951005: Extension granted for disregarded-entity election
The IRS granted a foreign eligible entity 60 days to file an election to be classified as a disregarded entity for federal tax purposes. The entity had been acquired by a corporation and represented…
PLR 200951004: Acquiring insurer may use the required unpaid-loss method
The IRS ruled on the accounting method for unpaid losses of an acquiring property and casualty insurance company. The acquisition involved a reorganization in which the target and acquiring…
PLR 200951003: Nuclear decommissioning fund schedules revised
The IRS approved a taxpayer's request for a revised schedule of deduction amounts and a revised schedule of ruling amounts for a nuclear decommissioning fund. The ruling permitted a special transfer…
PLR 200951002: Nuclear decommissioning fund schedules revised
The IRS approved a taxpayer's request for a revised schedule of deduction amounts and a revised schedule of ruling amounts for a nuclear decommissioning fund. The ruling permitted a special transfer…
PLR 200951001: Escrow accounts qualify as settlement funds and transfers are deductible
The IRS ruled on an S corporation's payments into escrow accounts required by state settlement laws addressing claims related to its products. The accounts qualified as qualified settlement funds…
PLR 200950060: Five-year extension granted for pension-plan funding liabilities
The IRS approved a pension plan's request for a five-year extension to amortize specified unfunded liabilities. The extension applied to the plan year beginning September 1, 2008, and was granted…
PLR 200950059: Late Roth IRA conversion recharacterization permitted
The IRS granted a taxpayer 60 days to recharacterize a Roth IRA conversion as a traditional IRA contribution after the taxpayer learned that the conversion was not permitted because the couple's…
PLR 200950058: Surviving spouse may roll IRA proceeds into her own IRA
The IRS ruled that a surviving spouse could receive proceeds from her deceased spouse's IRA through a trust and roll the proceeds into an IRA in her own name. The ruling treated the surviving spouse…
PLR 200950057: IRS waives 60-day IRA rollover deadline due to mental impairment
An 84-year-old taxpayer received a distribution from her IRA after her husband died and deposited the amount into a non-IRA account while intending to preserve it as an IRA. The IRS accepted that a…
PLR 200950055: IRS waives rollover deadline after custodians fail to transfer IRA
An 86-year-old taxpayer instructed the custodian of an IRA to transfer the account directly to a successor financial institution. The institutions did not complete the transfer, and the taxpayer…
PLR 200950054: IRS waives rollover deadline after failed deposit to a new IRA
An individual received a distribution from an IRA and gave a check to an intermediary for deposit into a new IRA within the 60-day rollover period. The intermediary mailed the check and instructions…
PLR 200950053: Surviving spouse may roll trust-held IRA proceeds into her own IRA
The IRS ruled that a surviving spouse could be treated as the payee or distributee of an IRA owned by her deceased husband, even though the IRA would first pass through a joint revocable trust. The…
PLR 200950052: IRS waives rollover deadline after misleading home-purchase advice
An IRA specialist incorrectly told a taxpayer that a longer rollover period applied to a distribution used to purchase a home. Relying on that advice, the taxpayer made two rollover contributions…
IRS revokes section 501(c)(3) status for commercial and private purposes
The IRS issued a final adverse determination revoking an organization's tax-exempt status under IRC § 501(c)(3), effective January 1, 2001. The stated reasons were that the organization was not…
Private foundation's grant procedures approved under IRC section 4945(g)(3)
The IRS approved a private foundation's proposed procedures for grants to individuals for travel, study, and education. The procedures required objective selection, documented financial need, limits…
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.