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.

40,104 determinations and counting · Newest release October 9, 2026
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PLR

Free charter-school meal program advances education

A section 501(c)(3) organization operated public charter schools and served as a state-certified School Food Authority. It expanded its meal program to help unrelated tax-exempt charter schools…

202326008·June 30, 2023
Approved
PLR

Foreign entity receives 120 days for late disregarded-entity election

A foreign eligible entity intended to be treated as disregarded from its owner for federal tax purposes but failed to file Form 8832 on time. It asked for relief under the regulatory-election…

202326007·June 30, 2023
Approved
PLR

LLC receives 120 days for late corporate-classification election

A domestic limited liability company intended to elect association status so it would be taxed as a corporation from a specified date. It inadvertently failed to file Form 8832 on time. The company…

202326006·June 30, 2023
Approved
PLR

Taxpayer receives 120 days to elect out of automatic GST allocation

A taxpayer created an irrevocable trust for family members, including the taxpayer's and spouse's children. The trust had generation-skipping transfer potential, so the automatic-allocation rules…

202326005·June 30, 2023
Approved
PLR

Missing ESBT elections do not invalidate S corporation status

A corporation filed an S corporation election while five trusts held its stock. The trusts qualified in substance as electing small business trusts, but their trustees did not timely file the…

202326004·June 30, 2023
Approved
PLR

Government retiree health trust receives four favorable rulings

An association of state boards of education created a trust to fund medical, dental, and vision benefits for its retired employees. The IRS had previously ruled that the association performed…

202326003·June 30, 2023
Approved
PLR

Entity receives late corporate and S corporation election relief

A domestic multi-member eligible entity intended to be treated as an S corporation from the date it was formed. It did not timely file either Form 8832 to elect association status or Form 2553 to…

202326002·June 30, 2023
Approved
PLR

Partnership receives 120 days for late section 754 election

A partnership timely filed its return for the year in which one of its partners died but omitted a section 754 election. That election would allow a basis adjustment to partnership property…

202326001·June 30, 2023
Approved
PLR

IRS pre-approves a foundation's archery-tournament scholarship procedures under section 4945(g)

A private foundation asked the IRS to bless the way it hands out scholarships before it starts writing checks. This matters because section 4945 taxes a private foundation on grants it makes to…

202325011·June 23, 2023
Approved
DET

IRS revokes a nonprofit's 501(c)(3) status for private benefit from bargain-sale deals and the president's personal use of funds

The IRS revoked a small charity's tax-exempt status under section 501(c)(3), effective January 1, 2018. On audit, the IRS found the organization spent much of its effort on real-estate "bargain…

202325010·June 23, 2023
Revocation
DET

IRS revokes a small charity's 501(c)(3) status because vehicle expenses inured to its CEO

The IRS revoked a small nonprofit's tax-exempt status under section 501(c)(3). The group had run a residential guidance home, then sold that property and shifted to outreach and education, and it…

202325009·June 23, 2023
Revocation
DET

IRS revokes a dormant private foundation's 501(c)(3) status for never operating for exempt purposes

The IRS revoked a private foundation's tax-exempt status under section 501(c)(3). The foundation was set up by a declaration of trust and was recognized as exempt after filing a streamlined Form…

202325008·June 23, 2023
Revocation
CCA

Worthless-stock losses in foreign subsidiaries did not "occur in" the COVID disaster area, so no section 165(i) disaster-loss election

A U.S. consolidated corporate group had a subsidiary that owned three foreign corporations (CFCs). Through entity-classification elections and a reorganization, each CFC was deemed to liquidate, and…

202325007·June 23, 2023
Advice
PLR

IRS grants 120 extra days to make a late QSub election for a subsidiary the taxpayer forgot to elect

An S corporation (X) acquired a chain of companies. One of them (Sub 1) was itself an S corporation that owned a lower-tier company (Sub 2) treated as a qualified subchapter S subsidiary, or QSub.…

202325006·June 23, 2023
Approved
PLR

IRS grants 60 more days to file a late Form 8996 self-certifying a partnership as a Qualified Opportunity Fund

A limited partnership was set up to be a Qualified Opportunity Fund (QOF), a vehicle that lets investors defer and reduce tax on capital gains reinvested in designated low-income "opportunity…

202325005·June 23, 2023
Approved
PLR

S-corporation status restored after two trusts missed their ESBT elections

A company (X) had elected to be taxed as an S corporation, which limits who can own its stock. Over time, two trusts came to hold X shares. Each trust qualified as an eligible S-corporation…

202325004·June 23, 2023
Approved
PLR

IRS denies a late mark-to-market (section 475(f)) election because the trader relied on hindsight

An individual who traded securities wanted to make a "mark-to-market" election under section 475(f)(1). That election lets a qualifying trader treat gains and losses as ordinary and value positions…

202325003·June 23, 2023
Denied
PLR

IRS grants 60 days to file three years of late Forms 8996 self-certifying an LLC as a Qualified Opportunity Fund

An LLC taxed as a partnership was formed to be a Qualified Opportunity Fund (QOF), the vehicle used to invest capital gains in designated opportunity zones for tax benefits. To be a QOF, the entity…

202325002·June 23, 2023
Approved
PLR

IRS grants 120 extra days to make a late QSub election for a wholly-owned subsidiary

An S corporation (X) owned all of the stock of a subsidiary (Sub) and meant to elect to treat Sub as a qualified subchapter S subsidiary, or QSub, as soon as X became an S corporation. A QSub is not…

202325001·June 23, 2023
Approved
PLR

IRS pre-approves a foundation's scholarship procedures for local undergraduate students under section 4945(g)

A private foundation asked the IRS to approve, in advance, how it will award scholarships. This approval matters because section 4945 taxes a private foundation on grants it makes to individuals for…

202324013·June 16, 2023
Approved
DET

Exemption denied for commercial software development and private benefit

An organization sought section 501(c)(3) status for developing and supporting an open-source software platform, funding related research and applications, publishing educational materials, and…

202324012·June 16, 2023
Denied
DET

Exemption denied to an estate-planning member association

An association of estate-planning professionals applied for section 501(c)(3) status after filing Form 1023-EZ. Its activities included meetings with professional speakers, information about…

202324011·June 16, 2023
Denied
PLR

Purchaser received more time to file section 338 elections

A U.S. corporate purchaser acquired more than 80 percent of a foreign target and was treated as acquiring the target's foreign subsidiary, but valid section 338(g) elections were not filed on time.…

202324010·June 16, 2023
Approved
PLR

Parent received more time to file a section 338 election

A consolidated group's parent intended to make a section 338(g) election after a member acquired all the stock of an unrelated foreign target, but a valid election was not filed by the deadline. The…

202324009·June 16, 2023
Approved
PLR

Qualified opportunity fund received 60 days to file Form 8996

A partnership formed to invest in qualified opportunity zone property failed to file its first return, extension request, and Form 8996 on time. Its adviser contacted an accounting firm on the…

202324008·June 16, 2023
Approved
PLR

Late qualified opportunity fund certifications accepted for two years

A limited partnership formed to invest in qualified opportunity zone property hired a long-time tax adviser to prepare its first two federal returns and the forms needed to self-certify as a…

202324007·June 16, 2023
Approved
PLR

Amended Form 8996 treated as timely for a qualified opportunity fund

A partnership formed to invest in qualified opportunity zone property intended to self-certify as a qualified opportunity fund, but its return preparer did not attach Form 8996 to the first-year…

202324006·June 16, 2023
Approved
PLR

Qualified opportunity fund received relief for a late Form 8996

A partnership formed to invest in a qualified opportunity zone asked the IRS to treat its late Form 8996 self-certification as timely. The partnership had hired a large accounting firm to prepare…

202324005·June 16, 2023
Approved
PLR

Late qualified opportunity fund certifications accepted for three years

A partnership that owned an interest in real property located in an opportunity zone failed to complete its Form 8996 self-certifications for several years. After a manager hired a certified public…

202324004·June 16, 2023
Approved
PLR

Late taxable REIT subsidiary election treated as effective

A publicly traded REIT and its foreign corporate subsidiary intended to file Form 8875 so the subsidiary would be treated as a taxable REIT subsidiary from its formation date. The REIT's tax…

202324003·June 16, 2023
Approved
PLR

LLC received 120 days to file a late corporate classification election

A single-owner limited liability company intended to be classified as an association taxable as a corporation from its formation date. Its default federal classification was a disregarded entity,…

202324002·June 16, 2023
Approved
PLR

Late success-fee safe-harbor election denied after audit disallowance

A corporation paid an investment bank a success-based fee in connection with its acquisition and chose not to use Revenue Procedure 2011-29's safe harbor, which would have allowed a 70 percent…

202324001·June 16, 2023
Denied
DET

Scholarship and special-education grant procedures approved

A private foundation requested advance approval for scholarships under section 4945(g)(1) and educational grants under section 4945(g)(3). Its program would support undergraduate and graduate study…

202323017·June 9, 2023
Approved
DET

Entrepreneurship scholarship procedures approved

A private foundation requested advance approval for a scholarship and summer internship program for high school juniors and seniors interested in entrepreneurship. Participants would work with local…

202323016·June 9, 2023
Approved
DET

Employer-related scholarship procedures approved

A family foundation requested advance approval for scholarships publicized through a related employer and available to children or stepchildren of qualifying current or deceased employees. An…

202323015·June 9, 2023
Approved
DET

Swim-team booster club denied social-club exemption

A voluntary association of parents and guardians of high school varsity swimmers and divers applied for exemption as a social club under section 501(c)(7). It raised funds through local business…

202323014·June 9, 2023
Denied
DET

Private dock owners association denied social-welfare exemption

A dock owners association applied for exemption as a social-welfare organization under section 501(c)(4). Its members were owners of specified residential lots, and annual assessments funded…

202323013·June 9, 2023
Denied
DET

Social-club exemption revoked for recurring public-use income

The IRS revoked a section 501(c)(7) social club's exemption after finding that it made its facilities available to the general public and repeatedly earned too much income from nonmembers. The club…

202323012·June 9, 2023
Revocation
DET

Youth baseball LLC denied exemption under LLC organizational rules

The IRS denied section 501(c)(3) status to a limited liability company that planned to train youth for baseball competitions and teach discipline, sportsmanship, teamwork, respect, and integrity.…

202323011·June 9, 2023
Denied
DET

Exemption revoked after organization failed to produce audit records

The IRS revoked an organization's section 501(c)(3) exemption because it did not provide records requested during an examination. The IRS sent examination correspondence to several addresses and…

202323010·June 9, 2023
Revocation
DET

Family reunion organization denied social-club exemption

The IRS denied section 501(c)(7) exemption to an organization formed to continue one family's reunions. Membership was limited to descendants of a family member, and a privately owned family LLC was…

202323009·June 9, 2023
Denied
PLR

S corporation receives relief for late ESBT elections

Two trusts acquired shares in an S corporation but their trustees did not timely elect electing small business trust status, causing the corporation's S election to terminate. The corporation…

202323008·June 9, 2023
Approved
PLR

Late REMIC election treated as timely

A trust intended one segregated mortgage asset pool to elect real estate mortgage investment conduit status as part of a tiered REMIC structure. Its administrator timely filed the elections for the…

202323007·June 9, 2023
Approved
CCA

Fixed wellness payments are taxable wages when no medical expense remains

An employer offered employees a fixed-indemnity health policy funded through $1,200 monthly salary reductions under a Section 125 cafeteria plan. The policy paid $1,000 when an employee completed a…

202323006·June 9, 2023
Advice
CCA

Employer needs employee repayment or consent for tax-equalization FICA refund

A multinational employer used a tax-equalization agreement that reduced an employee's stated salary and required the employer to pay the employee's United States and foreign taxes. The employer…

202323005·June 9, 2023
Advice
PLR

Recovery equipment excluded from heavy-wrecker excise-tax price

A manufacturer asked whether specified recovery equipment installed on heavy wreckers could be excluded from the sale price subject to the 12 percent retail excise tax on heavy trucks. The IRS…

202323004·June 9, 2023
Approved
PLR

LLC gets 120 days to file late corporate classification election

A domestic limited liability company intended to be classified as an association taxable as a corporation from a redacted effective date. It failed to file Form 8832 on time because of inadvertence…

202323003·June 9, 2023
Approved
PLR

Estate gets 120 days to make late portability election

An estate below the normal estate-tax filing threshold failed to file Form 706 on time to transfer the deceased spouse's unused exclusion amount to the surviving spouse. Because the estate…

202323002·June 9, 2023
Approved
PLR

Partnership gets 60 days to opt out of bonus depreciation

A partnership claimed 100 percent bonus depreciation on five-year and seven-year property placed in service during a redacted tax year. After filing its return, the partnership and its return…

202323001·June 9, 2023
Approved
PLR

Scholarship procedures approved for low-income students

A private foundation sought advance approval for a scholarship program serving low-income current or former residents of a state, with a preference for people connected to one county. Awards would…

202322020·June 2, 2023
Approved
DET

Economic-development group denied 501(c)(3) status

An organization created by the officers of a Section 501(c)(6) business league sought Section 501(c)(3) status to fund and perform local economic-development work. The IRS found that its articles…

202322019·June 2, 2023
Denied
PLR

Missed QSST election does not terminate S corporation status

A trust acquired shares of an S corporation and met the substantive requirements for a qualified subchapter S trust, but its beneficiary failed to make the QSST election on time. Without that…

202322018·June 2, 2023
Approved
PLR

IRS grants 90 more days to file a late IC-DISC election that was never recorded

A company was formed to operate as an interest charge domestic international sales corporation (IC-DISC), a special export-incentive entity that earns commissions on a related business's export…

202322017·June 2, 2023
Approved
PLR

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 from its shareholders. The buyers and sellers wanted the deal treated for tax purposes as if the company had sold its assets rather than its…

202322016·June 2, 2023
Approved
PLR

IRS blesses a tax-free section 355 spin-off separating two businesses

A multinational corporate group wanted to separate two of its businesses into different corporate branches without triggering tax. A parent company owned a distributing corporation that ran one…

202322015·June 2, 2023
Approved
PLR

Surviving spouse may roll over a late husband's IRA even though it passed through his estate

A man died owning a traditional IRA but never named a beneficiary, so under the account rules the money went to his estate. His will left the entire residual estate, including the IRA, to his…

202322014·June 2, 2023
Approved
PLR

Surviving spouse may roll over two inherited IRAs consolidated into an estate-beneficiary IRA

A person owned two traditional IRAs and named their own estate as the beneficiary of both. After death (which occurred before required distributions had to begin), the surviving spouse, who is the…

202322013·June 2, 2023
Approved
PLR

IRS grants extra time to make a late section 754 partnership basis-adjustment election after a partner died

A general partnership had a partner who died owning roughly a certain percentage of the firm. When a partnership interest changes hands (including on a partner's death), a "section 754 election"…

202322012·June 2, 2023
Approved
PLR

IRS forgives a botched S corporation election where trusts consented wrong and missed an ESBT election

A company elected to be taxed as an S corporation, which requires that every shareholder be an eligible type of owner and that all shareholders properly consent. Two of its shareholders were grantor…

202322011·June 2, 2023
Approved
PLR

IRS forgives an inadvertent S corporation termination after a conversion put shares in an ineligible partnership

A company was formed as a corporation and elected S corporation status. Later it converted from a state corporation into a state limited partnership and elected (on Form 8832) to still be taxed as a…

202322010·June 2, 2023
Approved

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.