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 200423006: Trust drafting correction preserves tax treatment
Trustees sought to reform a trust for great-grandchildren because its required income distributions at age 21 conflicted with the settlors' stated intent to defer mandatory distributions until age…
PLR 200423005: New corporation receives late S election relief
A corporation's sole shareholder wanted S corporation treatment from the date the corporation was formed, but the election was not filed on time. The IRS found reasonable cause for the missed…
PLR 200423004: Late tax-year retention application deemed timely
A taxpayer filed Form 1128 shortly after the deadline to ask permission to retain a March 31 tax year. The IRS found that the delay arose from an error or misunderstanding and that the taxpayer…
PLR 200423003: Parent receives time to file dual consolidated loss agreement
A corporate parent failed to attach a required agreement concerning the dual consolidated losses of a corporation its subsidiary had acquired. A tax professional responsible for the filing said the…
PLR 200423002: New corporation receives late S election relief
A corporation's sole shareholder wanted S corporation treatment from the date the corporation was formed, but the election was not filed on time. The IRS found reasonable cause for the missed…
CCA 200423001: IRS may add specified tax data to state exchange agreement
Chief Counsel reviewed proposed additions to an IRS agreement for ongoing tax information exchange with a state revenue department. The changes would add certain partnership, S corporation, and…
PLR 200422060: Municipal pension contributions excluded from current income and withholding
A municipality planned to pay mandatory employee contributions to a pension plan for certain police officers by reducing their current salary. Its resolution made the contributions mandatory and…
PLR 200422059: Pension plan receives conditional funding and excise tax waivers
The IRS granted a defined benefit pension plan a conditional waiver of its minimum funding standard for the plan year ended September 30, 2001. It also conditionally waived the 100 percent excise…
PLR 200422058: IRS denies late IRA rollover after change of mind about taxes
An IRA owner withdrew funds from three accounts because of investment losses and moved the money into non-IRA accounts. After learning that the distributions would be taxed as ordinary income, the…
PLR 200422057: Waiver of the 60-day IRA rollover deadline
An IRA owner moved a distribution into a money market account and planned to roll it into another IRA. The owner missed the 60-day deadline while caring for two children who were receiving treatment…
PLR 200422056: Foreign pension funding arrangement qualifies as the equivalent of a trust
A U.S. corporate parent asked whether an arrangement funding pensions for six foreign subsidiaries counted as the equivalent of a trust under section 404A(b)(5). The subsidiaries would transfer…
PLR 200422055: Excise tax waived for a pension plan liquidity shortfall
A company discovered that its pension plan had a liquidity shortfall for the second quarter of a redacted plan year. Its consulting firm had information suggesting a shortfall but did not calculate…
PLR 200422054: IRA rollover deadline waived after storm damage and illness
An IRA owner missed the 60-day rollover deadline after a tropical storm damaged the owner's home and toxic mold made the owner and spouse ill. The owner repaid 40 percent of the distribution about…
PLR 200422053: IRA rollover waiver denied after money was used to stop foreclosure
An unemployed IRA owner withdrew money to stop foreclosure on a home, then borrowed from the owner's mother and returned the same amount to the IRA 102 days after withdrawal. The owner sought a…
PLR 200422052: Advisory fee waiver does not affect central fund's dividend deduction
A central regulated investment company allowed other investment funds to buy its shares with unused cash. The other funds' advisor proposed to waive advisory fees equal to certain distribution and…
PLR 200422051: Late GST exemption allocations and gift splitting allowed for trust transfers
Two spouses transferred life insurance policies and cash to a trust for the surviving spouse and descendants, but did not allocate generation-skipping transfer (GST) exemptions to those gifts. Their…
PLR 200422050: Estate cannot reduce an irrevocable QTIP election
An estate elected to treat an entire marital trust as qualified terminable interest property (QTIP), then asked to reduce the election to part of the trust. The smaller election would have used more…
PLR 200422049: Former resident's departure had no principal tax avoidance purpose
A foreign citizen gave up her U.S. permanent resident status after her husband's retirement and their permanent move back to her birth country. Her net worth exceeded the threshold that would…
PLR 200422048: Former resident's retirement move had no principal tax avoidance purpose
A foreign citizen gave up his U.S. permanent resident status after retirement and a permanent move with his family back to his birth country. His net worth exceeded the threshold that would…
PLR 200422047: Foreign corporate restructuring qualifies as a type F reorganization
A U.S. corporate group proposed reorganizing a foreign subsidiary that held operating assets and stock in other foreign subsidiaries. The plan transferred assets to a new foreign corporation,…
PLR 200422046: Bond authority receives more time to carry forward unused volume cap
A state housing bond authority learned after the filing deadline that it had been allocated unused private activity bond volume cap from 2002. The state department had initially used the wrong…
PLR 200422045: Estate receives more time to elect special farm valuation
An estate held shares in a farming corporation whose main asset was farmland. Its accountant prepared the estate tax return without making or advising the executor about the section 2032A election…
PLR 200422044: Estate may make late family business deduction election
An estate held farmland and farm structures, but its lawyer advised the executor that the section 2057 qualified family business deduction did not apply. After filing the estate tax return without…
PLR 200422043: Single-owner LLC may file late corporate classification election
A parent company formed a single-owner limited liability company for a series of transactions and intended it to be taxed as a corporation. The company inadvertently failed to file Form 8832, which…
PLR 200422042: Business may file late fiscal year election
A business wanted a fiscal tax year and relied on its tax professional to file the necessary Form 8716. The professional failed to file it on time, although the business had acted diligently and…
PLR 200422041: Shareholder split of business qualifies for tax-free corporate division
Shareholders of an S corporation wanted to separate ownership and management of its business to resolve their differences. The corporation proposed transferring parts of the business to five new…
PLR 200422040: Family business separation receives tax-free division treatment
Parents and their children disagreed over the management of two businesses held in an S corporation. The corporation proposed transferring property to two new subsidiaries and exchanging their…
PLR 200422039: Corporation receives conditional relief for late S election
A corporation's original shareholder intended S corporation status from formation, but the corporation did not file Form 2553 on time. The IRS found reasonable cause for the missed deadline. It said…
PLR 200422038: Coal synthetic fuel operation may claim section 29 credit if service date qualifies
A partnership planned to buy, relocate, and operate a facility making solid synthetic fuel from coal, then sell the fuel to unrelated customers. The IRS concluded that fuel made with the described…
PLR 200422037: Distribution of subsidiary shares to parent qualifies under section 355
A corporation held a subsidiary whose stock reduced the liquidity of its assets and hurt its industry rating. It proposed having the subsidiary borrow funds and pay a cash dividend, then…
PLR 200422036: Foreign entity receives time to elect disregarded status
A foreign entity indirectly owned by a limited partnership intended to elect treatment as an entity disregarded from its owner for U.S. tax purposes. It represented that it was eligible for that…
PLR 200422035: Foreign entity receives time to elect disregarded status
A foreign entity indirectly owned by a limited partnership intended to elect treatment as an entity disregarded from its owner for U.S. tax purposes. It represented that it was eligible for that…
PLR 200422034: Foreign entity receives time to elect disregarded status
A foreign entity indirectly owned by a limited partnership intended to elect treatment as an entity disregarded from its owner for U.S. tax purposes. It represented that it was eligible for that…
PLR 200422033: Foreign entity receives time to elect disregarded status
A foreign entity indirectly owned by a limited partnership intended to elect treatment as an entity disregarded from its owner for U.S. tax purposes. It represented that it was eligible for that…
PLR 200422032: Foreign entity receives time to elect disregarded status
A foreign entity indirectly owned by a limited partnership intended to elect treatment as an entity disregarded from its owner for U.S. tax purposes. It represented that it was eligible for that…
PLR 200422031: Foreign entity receives time to elect disregarded status
A foreign entity indirectly owned by a limited partnership intended to elect treatment as an entity disregarded from its owner for U.S. tax purposes. It represented that it was eligible for that…
PLR 200422030: Foreign entity receives time to elect disregarded status
A foreign entity indirectly owned by a limited partnership intended to elect treatment as an entity disregarded from its owner for U.S. tax purposes. It represented that it was eligible for that…
PLR 200422029: Foreign entity receives time to elect disregarded status
A foreign entity indirectly owned by a limited partnership intended to elect treatment as an entity disregarded from its owner for U.S. tax purposes. It represented that it was eligible for that…
PLR 200422028: Foreign entity receives time to elect disregarded status
A foreign entity indirectly owned by a limited partnership intended to elect treatment as an entity disregarded from its owner for U.S. tax purposes. It represented that it was eligible for that…
PLR 200422027: Foreign entity receives time to elect disregarded status
A foreign entity indirectly owned by a limited partnership intended to elect treatment as an entity disregarded from its owner for U.S. tax purposes. It represented that it was eligible for that…
PLR 200422026: Foreign subsidiary gets time for disregarded entity election
A U.S. corporation transferred its shares in one foreign subsidiary to another foreign subsidiary as part of a reorganization. The transferred company intended to elect disregarded entity treatment…
PLR 200422025: Late S election effective from incorporation
A corporation intended to be taxed as an S corporation from its incorporation date but did not file the election on time. The IRS found reasonable cause for the late filing under section 1362(b)(5).…
PLR 200422024: Taxpayer receives extension for branch certifications and election agreements
A taxpayer missed required certifications and election agreements concerning its branch for several tax years. It explained that a vice president responsible for its tax matters had failed to make…
PLR 200422023: Terminal and pipeline operating fees qualify as partnership income
A publicly traded partnership operated petroleum product terminals and managed transportation through two pipelines, one operating and one planned. It earned terminal throughput and fuel handling…
PLR 200422022: Former resident's green card surrender lacked tax avoidance purpose
A foreign citizen who had held a U.S. green card returned to his birth country and relinquished permanent resident status. His net worth exceeded the threshold associated with a presumption of tax…
PLR 200422021: REIT and partly owned subsidiary may file late election
A real estate investment trust indirectly owned part of a corporation formed to invest in property with an unrelated partner. The REIT and corporation intended to elect taxable REIT subsidiary…
PLR 200422020: Subsidiary stock exchange qualifies for section 355 treatment
An S corporation and its wholly owned qualified S subsidiary operated businesses whose managers wanted equity interests in their respective operations. The parent proposed distributing all…
PLR 200422019: Managed commercial property rents are not passive investment income
A corporation planning an S election owned commercial rental properties through subsidiaries and had accumulated earnings and profits. It asked whether its rental receipts would count as passive…
PLR 200422018: Separation of two public company businesses qualifies as reorganization
A publicly traded corporation planned to separate two businesses whose different capital needs created internal competition. It would transfer shares of a subsidiary to a new corporation, receive…
PLR 200422017: Late S election accepted for shareholders' intended year
A corporation's shareholders intended it to be an S corporation from the start of a redacted tax year, but its Form 2553 was late. The IRS found reasonable cause for the missed election deadline. It…
PLR 200422016: Late S election accepted for shareholders' intended year
A corporation's shareholders intended it to be an S corporation from the start of a redacted tax year, but its Form 2553 was late. The IRS found reasonable cause for the missed election deadline. It…
PLR 200422015: Late S election accepted for shareholders' intended year
A corporation's shareholders intended it to be an S corporation from the start of a redacted tax year, but its Form 2553 was late. The IRS found reasonable cause for the missed election deadline. It…
PLR 200422014: Late S election effective from incorporation
A corporation intended to be taxed as an S corporation from its incorporation date but did not file the election on time. The IRS found reasonable cause for the late filing under section 1362(b)(5).…
PLR 200422013: Separate proxy contests did not trigger parachute payment rules
Two unrelated shareholder groups won separate proxy contests that replaced a majority of a corporation's directors within 12 months. That turnover created a presumption of a change in effective…
PLR 200422012: Inadvertently invalid S election receives trust shareholder relief
A trust owned all shares of a corporation when the corporation elected S status, but the trustee had not made the election needed for the trust to be an eligible S shareholder. The IRS found the…
PLR 200422011: LLC may file late corporate election supporting S status
Members of a limited liability company wanted S corporation tax treatment and filed Form 2553 within the stated election period, but omitted Form 8832 to classify the company as a corporation. After…
PLR 200422010: Late accounting year change application treated as timely
A taxpayer filed Form 1128 after its deadline to request a change from a calendar year to a May 31 tax year. The delay resulted from an error or misunderstanding. The IRS found that the taxpayer…
PLR 200422009: Single-owner LLC may elect corporate classification late
A corporation formed and wholly owned a limited liability company, intending the company to be taxed as a corporation from its formation date. The company inadvertently missed the Form 8832…
PLR 200422008: Late association classification election allowed
An entity formed under state law intended to elect association status for federal tax purposes from its formation date but inadvertently missed the Form 8832 deadline. The IRS found that the…
PLR 200422007: Single-owner LLC may elect corporate classification late
A corporation formed and wholly owned a limited liability company, intending the company to be taxed as a corporation from its formation date. The company inadvertently missed the Form 8832…
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.