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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Triple S-corp relief for an LLC (late classification, late S election, and second-class-of-stock termination)
An LLC intended to be taxed as an S corporation from the day it was formed and had always filed that way, but it hit three separate problems. First, it never filed the forms to be classified as a…
60-day extension to elect out of bonus depreciation under § 168(k)(7)
Bonus depreciation under § 168(k) lets a business immediately deduct a large percentage of the cost of qualifying property in the year it is placed in service. A taxpayer can instead elect out of…
75-day extension to file a late § 336(e) election treating an S-corp stock sale as an asset sale
A § 336(e) election lets certain sales of a corporation's stock be treated, for tax purposes, as if the corporation had sold its assets. Buyers often want this because it gives the assets a…
120-day extension for an entity to file a late check-the-box election to be taxed as a corporation
A business entity wanted to be taxed as a corporation rather than under the default classification (partnership or disregarded entity). To do that, it had to file Form 8832, the "check-the-box"…
Relief accepting a late Form 8996 to self-certify as a qualified opportunity fund
A qualified opportunity fund (QOF) is an investment vehicle that lets investors defer and reduce tax on capital gains they roll into designated low-income "opportunity zones" under § 1400Z-2. To be…
120-day extension to file a late Section 754 election to adjust partnership property basis
A Section 754 election lets a partnership adjust the tax basis of its property when a partner's interest changes hands or property is distributed, so the new numbers line up with what partners…
Late-filed Form 8996 treated as timely so an LLC can self-certify as a qualified opportunity fund
A qualified opportunity fund (QOF) is an investment vehicle that gets tax breaks for putting money into designated low-income "opportunity zones." To become one, an entity must self-certify each…
9100-3 relief granting 120 days to file a late QSub election so a subsidiary is treated as a qualified subchapter S subsidiary retroactively
An S corporation ("X") owns all of the stock of another corporation ("Y") and wanted Y to be a qualified subchapter S subsidiary (QSub), a subsidiary that is ignored as a separate corporation and…
9100-3 relief granting 120 days to make a late section 754 election so a partnership can adjust the basis of its property after a partner's death
A partnership had a partner die, an event that (with a section 754 election in place) lets the partnership step up the inside basis of its assets to match the value the deceased partner's successor…
9100-3 relief granting 120 days for an LLC to file a late Form 8832 electing to be taxed as a corporation
A limited liability company wanted to be taxed as a corporation instead of under the default rules (a partnership or a disregarded entity). To do that, an LLC files Form 8832, the entity…
9100-3 relief granting 120 days for a homeowners association to make late section 528 elections (Forms 1120-H) for several years
A homeowners association can elect a favorable tax regime under Code section 528, which taxes only its non-exempt-function income, by filing Form 1120-H each year. This association inadvertently…
9100-3 relief granting 120 days for a foreign entity to file a late Form 8832 electing to be a disregarded entity
A foreign business entity wanted to be treated as a disregarded entity for US federal tax purposes, meaning it would not be taxed as a separate entity but instead as part of its single owner. To…
Housing project gets 120 days to make omitted average-income election
The owner of a multi-building low-income housing project intended to elect the average-income minimum set-aside under Section 42(g)(1)(C). Its contemporaneous records showed that intent, but it…
60-day extension for a qualified opportunity fund to file its late Form 8996 election
A limited liability company formed to invest in qualified opportunity zone property intended to be treated as a qualified opportunity fund. It had no income or expenses during its first tax year and…
120-day extension for a foreign entity to make a late disregarded-entity election
A foreign entity intended to be treated as a disregarded entity for U.S. federal tax purposes as of a specified date but did not file Form 8832 on time. It asked the IRS for an extension under…
120-day relief for an LLC to make late corporate-classification and S corporation elections
An LLC is treated by default as a partnership (if it has multiple owners) or as a disregarded entity (if it has one), so to be taxed as an S corporation it must both elect to be classified as a…
60-day extension to file a late Form 8996 self-certifying as a Qualified Opportunity Fund
A Qualified Opportunity Fund (QOF) lets investors defer capital gains by putting them into businesses in designated low-income areas, but the fund must certify itself each year by filing Form 8996…
60-day extension to make a late success-based fee safe harbor election under Rev. Proc. 2011-29
When a company buys another business, fees paid to advisors that come due only if the deal closes ("success-based fees") normally must be capitalized unless the buyer keeps detailed records showing…
60-day extension to make a late GILTI high-tax exclusion election for a group of controlled foreign corporations
A U.S. corporation that heads a consolidated group owns a group of controlled foreign corporations (CFCs). Under the GILTI rules of section 951A, a U.S. shareholder must include a CFC's income in…
90-day extension to file a corrected IC-DISC election (Form 4876-A)
A company set up a new corporation to serve as an interest-charge domestic international sales corporation (an IC-DISC), a type of entity that provides a tax benefit for U.S. exporters. To get…
75-day extension to file a late section 336(e) election treating a stock sale as an asset sale
Buyers purchased all the stock of an S corporation from its shareholders. When a stock sale meets the definition of a "qualified stock disposition," the parties can elect under section 336(e) to…
120-day extension to file a late Form 8832 electing partnership classification
A foreign entity wanted to be classified as a partnership for U.S. federal tax purposes as of a specific date, which requires filing Form 8832 (the entity classification election). Through…
120-day extension for an estate to make a late portability (DSUE) election
When a married person dies without using all of their federal estate-and-gift tax exclusion, the unused amount (the "deceased spousal unused exclusion," or DSUE) can be passed to the surviving…
120-day extension to file a late Form 8832 electing partnership classification
A foreign entity wanted to be treated as a partnership for U.S. federal tax purposes, effective a specific date, which requires filing Form 8832 (the entity classification election). It missed the…
120-day extension to make a late section 754 basis-adjustment election
A state limited liability company taxed as a partnership meant to make a section 754 election for a particular tax year but inadvertently failed to make it properly. A section 754 election lets a…
120-day extension to file a late Form 8832 electing disregarded-entity status
A private limited company organized in a foreign country was acquired by a U.S. corporation, which wanted the foreign company treated as a disregarded entity for federal tax purposes (meaning its…
120-day extension to make a late section 754 basis-adjustment election
A limited liability limited partnership had a partner die during a tax year. When a partnership interest transfers (including on a partner's death), a section 754 election lets the partnership…
IRS grants a REIT more time to file a late election treating a subsidiary as a taxable REIT subsidiary
A real estate investment trust (REIT) can jointly elect with a subsidiary to treat that subsidiary as a "taxable REIT subsidiary" (TRS), which lets the subsidiary run activities a REIT itself cannot…
IRS grants a parent company 75 more days to make a late election for its affiliated group to file a consolidated return
A parent company heads an affiliated group of corporations that wanted to file a single consolidated federal income tax return, with the parent as the common parent, for a given tax year. To do…
IRS grants extra time to make a late Section 336(e) election so an S corporation stock sale can be taxed as an asset sale
When someone buys all the stock of an S corporation, the parties can elect under Section 336(e) to treat the stock sale as if the company had instead sold all its assets, which often gives the buyer…
A utility gets more time to withdraw an overfunded nuclear-decommissioning contribution, plus an approved revised schedule of deductible funding amounts
An investor-owned electric utility owns part of a nuclear power plant and funds its eventual teardown through a Section 468A "qualified nuclear decommissioning fund," which lets it deduct…
A utility gets more time to withdraw an overfunded nuclear-decommissioning contribution, plus an approved revised schedule of deductible funding amounts
An investor-owned electric utility owns part of a nuclear power plant and funds its eventual teardown through a Section 468A "qualified nuclear decommissioning fund," which lets it deduct…
A utility gets more time to pull an overfunded contribution out of its nuclear decommissioning fund, and a revised schedule of deductible funding amounts
An investor-owned electric utility owns part of a nuclear power plant and sets aside money in a special "qualified nuclear decommissioning fund" under Section 468A, which lets it deduct…
IRS grants an LLC partnership a 120-day extension to make a late Section 754 basis-adjustment election
An LLC taxed as a partnership wanted to make a Section 754 election, which lets a partnership adjust the tax basis of its assets when interests change hands or property is distributed, so the inside…
IRS grants a foreign entity a 120-day extension to file a late election to be treated as a partnership
A foreign business entity's default federal tax classification was a corporation, but it wanted to be taxed as a partnership instead. To change that, it had to file Form 8832 (the entity…
IRS grants an S corporation a 120-day extension to file a late QSub election for its wholly owned subsidiary
An S corporation owned all of the stock of a subsidiary and wanted that subsidiary treated as a "qualified subchapter S subsidiary" (QSub), meaning the subsidiary is ignored for tax purposes and its…
IRS grants a foreign entity a 120-day extension to file a late election to be a disregarded entity
An eligible business entity can elect how it is classified for U.S. tax by filing Form 8832. Here a foreign entity was eligible to be treated as "disregarded" (ignored as separate from its owner)…
IRS grants a foreign entity a 120-day extension to file a late election to be a disregarded entity
An eligible business entity can elect how it is classified for U.S. tax by filing Form 8832. Here a foreign entity was eligible to be treated as "disregarded" (ignored as separate from its single…
IRS grants a limited partnership a 120-day extension to file a late election to be taxed as a corporation
A business can choose how it is taxed by filing an entity classification election (Form 8832), but the election must be filed on time. Here a limited partnership intended to be taxed as an…
IRS grants an estate a 120-day extension to make a late portability (DSUE) election
A surviving spouse can use the unused part of a deceased spouse's estate-tax exclusion (the DSUE amount), but only if the deceased spouse's estate makes a "portability" election on a timely filed…
IRS grants an LLC a late Section 754 election to adjust the basis of partnership property
An LLC taxed as a partnership meant to make a Section 754 election but its tax advisors inadvertently failed to file it on time. A Section 754 election lets a partnership adjust the inside tax basis…
IRS grants a consolidated group more time to make a late Section 362(e)(2)(C) election on a built-in-loss property transfer to a foreign subsidiary
A member of a consolidated corporate group transferred property to a foreign corporation in a Section 351 exchange, and the property's tax basis was higher than its value (a built-in loss). Section…
IRS grants a partnership more time to fix a Form 3115 and make a late election recognizing its full Section 481(a) adjustment in the year of an acquisition
A partnership (an LLC taxed as a partnership) was sold to a buyer. After the sale, a C corporation sat in its ownership chain and its receipts were too high to keep using the cash method under…
IRS grants an LLC a late Section 754 election to adjust the basis of partnership property
An LLC taxed as a partnership meant to make a Section 754 election but inadvertently missed it. A Section 754 election lets a partnership adjust the tax basis of its assets when interests change…
IRS grants a tax-exempt-owned LLC late elections to be taxed as a corporation and to opt out of tax-exempt controlled entity status
An LLC owned entirely by four Section 501(c)(3) tax-exempt organizations missed two related tax elections it needed for a building-rehabilitation investment. First, it was supposed to elect (on Form…
A parent corporation gets a 60-day extension to make a late election for its affiliated group to file a consolidated return
A group of affiliated corporations can elect to file one combined ("consolidated") federal income tax return, with the parent company as the common parent. That election is made by actually filing…
An estate too small to require an estate tax return gets a 120-day extension to make a late portability election, preserving the decedent's unused exclusion for the surviving spouse
When someone dies without using their full estate-tax exclusion, the leftover ("deceased spousal unused exclusion," or DSUE) can transfer to the surviving spouse, but only if the estate makes a…
An estate that was not required to file an estate tax return gets a 120-day extension to make a late portability election, letting the surviving spouse use the decedent's unused exclusion
When someone dies without using up their full estate-tax exclusion, the leftover amount (the "deceased spousal unused exclusion," or DSUE) can be passed to the surviving spouse, but only if the…
9100 extension to make a late section 754 partnership basis-adjustment election (754)
A limited liability company taxed as a partnership had a new buyer acquire interests in it. The partnership wanted to make a section 754 election, which lets a partnership adjust the tax basis of…
9100 extension to make a late section 754 partnership basis-adjustment election (754)
A limited liability company taxed as a partnership had a new buyer acquire interests in it. The partnership wanted to make a section 754 election, which lets a partnership adjust the tax basis of…
9100 extension to make a late section 754 partnership basis-adjustment election (754)
A limited liability company taxed as a partnership had a new buyer acquire interests in it. The partnership wanted to make a section 754 election, which lets a partnership adjust the tax basis of…
9100 extension to make a late section 754 partnership basis-adjustment election (754)
A limited liability company taxed as a partnership had a new buyer acquire interests in it. The partnership wanted to make a section 754 election, which lets a partnership adjust the tax basis of…
9100 extension to make a late check-the-box election for an LLC to be a disregarded entity (7701-3)
A limited liability company had elected to be taxed as a corporation. Its sole owner later became an S corporation and elected to treat the LLC as a qualified subchapter S subsidiary (QSub), a…
9100 extension to file a late section 336(e) election on the sale of an S corporation's stock (336)
An S corporation was owned by a single shareholder who sold all of its stock to a corporate buyer. A section 336(e) election lets a qualifying stock sale be treated, for tax purposes, as if the…
9100 extension to elect that an acquired subsidiary's loss carryovers expire on joining a consolidated group (1502)
A parent company heads a consolidated group (a set of affiliated corporations that file one combined federal return). Its subsidiary acquired a target company that carried old net operating losses…
9100 relief lets an LLC self-certify late as a qualified opportunity fund (1400Z-2)
An LLC taxed as a partnership was set up to be a qualified opportunity fund (QOF), a vehicle that lets investors defer and reduce capital-gains tax by investing in designated low-income "opportunity…
9100 extension to deliver the U.S.-shareholder notice for a section 338 election on a foreign acquisition (338)
A foreign company bought all the stock of another foreign company (and, through it, several foreign subsidiaries), all of which were controlled foreign corporations. The buyer wanted to make a…
9100 extension to apply late for FIRPTA withholding certificates on U.S. real property sales (1445)
A U.S. corporation bought interests in three limited liability companies from foreign sellers. Because the interests counted as "United States real property interests," the FIRPTA rules in IRC §…
IRS grants a partnership 120 days to make a late Section 754 election
A partnership intended to elect under IRC § 754 to adjust the basis of partnership property after one member bought additional interests from another member. It inadvertently omitted the election…
IRS grants a partnership 120 days to make a late Section 754 election
A partnership failed to make an IRC § 754 election for the tax year in which one of its partners died. The election would permit adjustments to the basis of partnership property following a transfer…
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.