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 200238050: Foundation asset transfer and later termination receive approval
A private foundation planned to transfer all its assets and charitable pledge obligations to two related private foundations, then notify the IRS that it was terminating its private foundation…
PLR 200238049: Merger of private foundations avoids termination tax
Two tax-exempt private foundations controlled by the same board planned to merge, with one foundation taking on all of the other's assets and liabilities. The IRS ruled that the merger was a…
PLR 200238048: Merger of private foundations avoids termination tax
Two tax-exempt private foundations controlled by the same board planned to merge, with one foundation taking on all of the other's assets and liabilities. The IRS ruled that the merger was a…
CCA 200238047: Tax treatment of tribal members' arts and crafts income
Chief Counsel considered when tribal members can exclude income from selling arts and crafts made with materials from tribal land. The advice says income is exempt when it comes primarily from…
PLR 200238046: Nuclear decommissioning funds follow a plant transfer
An electric utility planned to transfer its interest in a nuclear plant and two qualified decommissioning funds to an entity within a reorganized company. The IRS ruled that the transfer met the…
CCA 200238045: Claimed consolidated losses from a new subsidiary
A corporate group claimed losses after forming a new subsidiary with cash and assets whose tax basis exceeded their value. Chief Counsel advised that section 269 could disallow the losses tied to…
CCA 200238044: Foreign supplier was not a related party for Form 5472
Chief Counsel considered whether a foreign supplier was related to a U.S. corporation for section 6038A reporting. The U.S. company was foreign owned, and a relative of its owners held a minority…
CCA 200238043: Time limit for a pension plan's wrongful levy claim
A pension plan kept sending money to the IRS under a levy after the participant died, although plan payments were supposed to stop at death. The plan missed the then applicable nine month deadline…
CCA 200238042: Reversing an overstated withholding credit after assessment
A taxpayer's return claimed much more withholding than had actually been paid, and the IRS issued a refund based on the overstated credit. After assessing the reported tax, the IRS reversed the…
CCA 200238041: Open federal tax questions about Colorado easement credits
Colorado offered a state tax credit to donors of qualifying conservation easements, and the credit could sometimes be refunded, carried forward, or transferred. Chief Counsel considered how the…
CCA 200238040: Group deducts payments to cancel inherited stock options
A corporate group bought two companies, liquidated them into another group member, and later paid the former companies' employees to cancel stock options. Chief Counsel advised that the group could…
PLR 200238039: Disclaiming a trust remainder without gift tax
A young beneficiary of a trust created in 1955 wanted to give up her possible share of the trust property when it eventually ended. She planned to keep her separate right to receive discretionary…
PLR 200238038: Late accounting year change application accepted
A taxpayer filed Form 1128 shortly after the deadline to request a change from a March 31 tax year to a June 30 tax year. It attributed the delay to an error or misunderstanding and asked the IRS to…
PLR 200238037: Extension granted for a section 338(h)(10) election
A purchaser and individual sellers acquired all the stock of an S corporation and intended to make a joint section 338(h)(10) election, but they did not file it by the deadline. They asked the IRS…
PLR 200238036: Late S corporation election granted relief
A corporation intended to be taxed as an S corporation from the date it was incorporated, but did not file its election on time. It asked the IRS for relief under section 1362(b)(5). The IRS found…
PLR 200238035: Late allocation of generation-skipping transfer tax exemptions allowed
Two spouses transferred stock and cash to a trust and filed gift tax returns, but their accounting firm omitted allocations of their generation-skipping transfer tax exemptions. Another firm…
PLR 200238034: Trust merger and division preserve tax treatment
A trustee proposed to merge two trusts created before September 25, 1985, then divide the combined trust into three trusts for different branches of a family. The IRS ruled that the new trusts would…
PLR 200238033: Extension granted for stock purchase election
An LLC treated as a corporation bought all the stock of an S corporation. The buyer and seller intended to make a joint election under section 338(h)(10), but did not file it on time. The IRS found…
CCA 200238032: Distributions before subsidiary stock sale may be purchase price
A parent corporation arranged to sell an insurance subsidiary, while the subsidiary distributed investment assets to the parent before the sale. Chief Counsel advised that the distributions might be…
PLR 200238031: Irish reinsurer qualifies for treaty excise tax relief
An Irish reinsurer sought a ruling and closing agreement about U.S. excise tax on premiums for U.S. risks. The IRS found that the reinsurer met the active business requirements of the U.S.–Ireland…
PLR 200238030: Lease change leaves other tenants' property tax deductions intact
A public benefit corporation owned land leased to residential tenants, whose leases required payments in lieu of real property taxes. It asked whether changing and assigning a separate, older lease…
PLR 200238029: More time to request consolidated return waiver
A corporate subsidiary left an affiliated group when the parent's ownership fell below 80 percent, then rejoined after its stock was redeemed. The parent omitted the subsidiary and its subsidiaries…
PLR 200238028: Spouses given more time to allocate GST exemptions
Two spouses made gifts of stock and cash to a trust and reported the transfers on timely gift tax returns. Their accounting firm failed to allocate either spouse's generation-skipping transfer tax…
PLR 200238027: Late S corporation election made effective from incorporation
A corporation's shareholder intended S corporation treatment from the date of incorporation, but the election was not filed on time. The IRS found reasonable cause for the missed deadline under…
PLR 200238026: Group given more time to elect consolidated filing
A corporation acquired enough stock to become the common parent of another corporate group. The former parent group filed a consolidated return for the year, while the new parent filed separately,…
CCA 200238025: Limits on loss from sale of acquired foreign business
A U.S. company acquired a foreign corporation, made entity classification elections, and reported a loss after selling part of the acquired business. Chief Counsel advised that a subsidiary's…
PLR 200238024: Late S corporation election receives relief
A corporation's shareholder intended S corporation treatment from the date of incorporation, but the election was not filed on time. The IRS found reasonable cause for the missed deadline under…
PLR 200238023: S corporation status preserved after trust distribution failure
Two trusts holding S corporation stock failed to distribute all required income in two tax years, causing the corporation's S election to terminate. Their trustees later distributed the overdue…
CCA 200238022: Intercompany payables in transfer pricing analysis
A U.S. distributor owed substantial, interest-free trade payables to its foreign parent, and IRS examiners had treated part of those balances as equity in a transfer pricing analysis. Chief Counsel…
PLR 200238021: S status restored after stock went to ineligible shareholders
An S corporation issued shares to a corporation and a partnership, which could not be eligible S corporation shareholders, and some shares later went to an LLC. After discovering the problem, the…
PLR 200238020: Late investment interest election treated as timely
Married taxpayers wanted to elect to count some investment capital gains as investment income so they could deduct investment interest expense for 2000. Their lenders delayed providing the interest…
PLR 200238019: Disability retirement bonuses receive different tax treatment
A retirement system asked whether several lump-sum bonuses paid to disabled police officers and firefighters could be excluded from income as work-related injury compensation. The IRS ruled that the…
PLR 200238018: Late GST exemption allocations permitted
Two spouses made gifts of stock and cash to a trust and reported the transfers on timely gift tax returns. Their accounting firm failed to allocate either spouse's generation-skipping transfer tax…
PLR 200238017: Group may close its books to allocate losses around acquisition
A consolidated corporate group described an acquisition followed by a sale of assets with built-in gain. The group also had operating losses and later realized capital losses. It asked how to…
PLR 200238016: Synthetic fuel partnership qualifies for production credit
Two subsidiaries planned to contribute synthetic fuel facilities to a partnership, and a third might join after a production line moved. The IRS ruled that the partnership's described process would…
PLR 200238015: Former resident's departure found unrelated to tax avoidance
A former long-term U.S. permanent resident relinquished that status and moved to his country of citizenship and birth. His net worth exceeded a threshold that, under the law discussed in the letter,…
PLR 200238014: Planned citizenship relinquishment found unrelated to tax avoidance
A person who was a citizen of both the United States and another country from birth planned to relinquish her U.S. citizenship. She had lived in the other country since early childhood, and her net…
PLR 200238013: Former resident avoids presumption, but tax purpose remains unresolved
A former long-term U.S. resident planned to surrender his green card and return to his country of birth, citizenship, and residence. His expected net worth exceeded the threshold that could trigger…
PLR 200238012: Beneficiary-owned trust may hold S corporation stock
An irrevocable trust held stock in an S corporation and gave its sole beneficiary a temporary power to withdraw additions to the trust. The beneficiary did not exercise that power but retained…
PLR 200238011: Trust qualifies as S corporation shareholder
An irrevocable trust held stock in an S corporation and gave its sole beneficiary a temporary power to withdraw additions to the trust. The beneficiary did not exercise that power but retained…
PLR 200238010: Beneficiary treated as owner of S corporation trust
An irrevocable trust held stock in an S corporation and gave its sole beneficiary a temporary power to withdraw additions to the trust. The beneficiary did not exercise that power but retained…
PLR 200238009: Trust beneficiary ownership permits S corporation stock
An irrevocable trust held stock in an S corporation and gave its sole beneficiary a temporary power to withdraw additions to the trust. The beneficiary did not exercise that power but retained…
PLR 200238008: Trust allowed to hold S corporation shares
An irrevocable trust held stock in an S corporation and gave its sole beneficiary a temporary power to withdraw additions to the trust. The beneficiary did not exercise that power but retained…
PLR 200238007: Beneficiary-owned trust qualifies as S shareholder
An irrevocable trust held stock in an S corporation and gave its sole beneficiary a temporary power to withdraw additions to the trust. The beneficiary did not exercise that power but retained…
PLR 200238006: Trust remains eligible S corporation shareholder
An irrevocable trust held stock in an S corporation and gave its sole beneficiary a temporary power to withdraw additions to the trust. The beneficiary did not exercise that power but retained…
PLR 200238005: Trust treated as eligible S corporation shareholder
An irrevocable trust held stock in an S corporation and gave its sole beneficiary a temporary power to withdraw additions to the trust. The beneficiary did not exercise that power but retained…
PLR 200238004: Trust beneficiary treated as tax owner
An irrevocable trust held stock in an S corporation and gave its sole beneficiary a temporary power to withdraw additions to the trust. The beneficiary did not exercise that power but retained…
PLR 200238003: Late GST exemption allocation allowed for trust gifts
A taxpayer transferred stock and cash to a trust and filed a timely gift tax return. The accounting firm preparing the return omitted an allocation of the taxpayer's generation-skipping transfer tax…
CCA 200238002: Repo interest may be disallowed when tax-exempt bonds are held
A securities partnership borrowed through repurchase agreements to finance taxable bonds while also holding substantial tax-exempt bonds. The borrowed funds were traced to taxable bonds, and the…
PLR 200238001: Fire district treated as a political subdivision
A fire district formed under state law asked whether it qualified as a political subdivision for federal tax purposes. The district provided fire and emergency services and had authority to levy a…
PLR 200237027: Church property sale proceeds excluded, profit share unresolved
A religious organization planned to sell part of the land used for its church and school to fund a school gymnasium. The buyer would pay cash, give a non-interest-bearing note, and share profits…
PLR 200237026: Foreign parent stock qualifies for an ESOP dividend deduction
A U.S. company planned to hold shares of its publicly traded foreign parent in employee stock ownership plans. Participants could take the parent company's dividends in cash or reinvest them in…
PLR 200237025: Buyer and sellers get more time for a stock purchase election
A corporate buyer acquired all the stock of an S corporation and intended to join its sellers in making a section 338(h)(10) election. A tax professional failed to make or advise the buyer to make…
CCA 200237024: Licensing royalties excluded from FSC profit percentage
A U.S. manufacturer sold products to foreign affiliates and also received royalties for licensing the know-how needed to make those products. It used an affiliated foreign sales corporation and…
PLR 200237023: Missed trust election treated as inadvertent S corporation termination
Shareholders transferred S corporation stock to a trust that had filed tax returns as an electing small business trust, but its trustee had never filed the required ESBT election. The transfer…
PLR 200237022: Subsidiary spin-off qualifies as a tax-free reorganization
A holding company planned to separate one subsidiary's business so another subsidiary could change its regulated business structure and expand. It would transfer a second subsidiary and a joint…
PLR 200237021: Extra time to allocate generation-skipping tax exemption to a trust
A taxpayer transferred stock to a trust for children and their descendants and reported the gift on a timely Form 709. The taxpayer did not allocate generation-skipping transfer tax exemption to the…
CCA 200237020: Equipment sale-leaseback appears to be financing
A partnership sold equipment and related leases to an investment company, then leased the equipment back. Chief Counsel examined who bore the benefits and burdens of owning the equipment, including…
PLR 200237019: LLC receives relief for late corporate and S elections
The sole owner of an LLC intended the company to be taxed as an S corporation, but the accountant he relied on failed to file both the entity classification election and the S corporation election…
PLR 200237018: Parent gets more time for foreign stock acquisition election
A foreign subsidiary of a U.S. parent bought the stock of another foreign company, and the parent intended to make a section 338(g) election for the acquired company and its subsidiaries. A valid…
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.