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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LLC receives relief for late S corporation and QSub elections
An LLC intended to be classified as a corporation and elect S corporation status from a specified date, but it did not timely file Form 2553 or Form 8832. On the same date, it acquired all the stock…
Partnership receives 120 days to make a late section 754 election
A general partnership intended to make an IRC § 754 election for a specified tax year but did not include the election with its timely partnership return. The IRS concluded that the partnership…
S corporation receives 120 days to make a late QSub election
An S corporation acquired full ownership of another corporation and intended to treat it as a qualified subchapter S subsidiary from a specified date. It did not timely file Form 8869 to make the…
Partnership receives 120 days to make a late section 754 election
A limited liability company taxed as a partnership failed to file an IRC § 754 election for the year in which an owner died holding an interest through a grantor trust. The partnership represented…
Parent receives 120 days to elect QSub status after a reorganization
An S corporation became the sole owner of another S corporation through a reorganization and intended the subsidiary to become a qualified subchapter S subsidiary on that date. The parent failed to…
LLC receives 120 days to elect corporate tax classification
A domestic limited liability company intended to be classified as an association taxable as a corporation from a specified date but failed to timely file Form 8832. The company represented that it…
Late Form 1128 will be treated as timely filed
A taxpayer filed Form 1128 to request a change in its annual accounting period but missed the filing deadline for the short tax year. It submitted both the form and a request for discretionary…
Taxpayer obtains timely-filing relief for Form 1128
A taxpayer sought to change its annual accounting period but filed Form 1128 after the deadline for the required short-period return. The taxpayer submitted the form and its request for…
IRS accepts late Form 1128 for processing
A taxpayer missed the deadline for filing Form 1128 to request a change in its annual accounting period. It filed the form and requested discretionary administrative relief within 90 days after the…
Form 1128 receives discretionary late-filing relief
A taxpayer requested permission to change its annual accounting period but did not file Form 1128 by the deadline for the short tax year. It submitted the application and a request for discretionary…
Missed Form 1128 deadline receives filing relief
A taxpayer filed Form 1128 after the deadline for requesting a change in its annual accounting period. The taxpayer also sought discretionary relief within 90 days of the missed due date. The IRS…
Late accounting-period application is deemed timely
A taxpayer missed the filing deadline for Form 1128, which requested a change in its annual accounting period. The taxpayer filed the form and its request for discretionary relief within 90 days…
Taxpayer may proceed with a late-filed Form 1128
A taxpayer seeking to change its annual accounting period failed to submit Form 1128 by the deadline for the short-period return. It filed the application and requested discretionary relief within…
IRS waives Form 1128 filing deadline
A taxpayer applied to change its annual accounting period but filed Form 1128 after the applicable deadline. The application and request for discretionary relief arrived within 90 days after the…
Partnership gets 120 days to make a late section 754 election
An existing partner bought additional interests in a limited liability company taxed as a partnership. The partnership timely filed its federal return for the year but inadvertently omitted its…
Taxpayer may revoke election out of bonus depreciation
A taxpayer elected under IRC § 168(k)(7) not to claim additional first-year depreciation on its five-year property during a year involving related reorganizations. The election was made to avoid…
Housing project receives 120 days to make its minimum set-aside elections
A partnership owns a three-building low-income housing project and intended to make the 20-50 minimum set-aside election for each building. Its contemporaneous records reflected that intent, but the…
Estate receives 120 days to make a late portability election
A decedent's estate was not otherwise required to file an estate tax return but failed to timely file Form 706 to elect portability of the deceased spousal unused exclusion amount. The estate…
Late estate tax return may elect portability within 120 days
An estate represented that it was not required to file Form 706 but needed to file one to transfer the decedent's unused exclusion amount to the surviving spouse. The estate did not timely file the…
Partnership receives more time to file duplicate accounting-method form
A partnership used a cost-segregation study to request automatic accounting-method changes for depreciation and qualified improvement property. It timely filed its partnership return with the…
Foreign entity receives more time to elect partnership status
A foreign eligible entity failed to timely file Form 8832 to elect partnership classification for U.S. federal tax purposes. The IRS found that the requirements for discretionary filing relief under…
Partnership receives more time to make section 754 election
A limited liability company taxed as a partnership intended to make an IRC § 754 election after transactions that it represented were sales or exchanges of partnership interests, but it…
Joint filers receive more time to aggregate businesses for QBI deduction
A married couple owned interests in disregarded entities, S corporations, and partnerships conducting rental-real-estate and operating businesses. They elected to aggregate some rental businesses…
LLC receives more time for corporate classification and S election
A limited liability company intended to be treated as an S corporation but did not timely file either Form 2553 or a separate Form 8832 for corporate classification. The IRS found that the entity…
Foreign entities receive late classification-election relief
Two foreign eligible entities failed to timely file Form 8832 classification elections. One sought partnership status and the other sought treatment as an entity disregarded from its owner, both…
Foreign entity receives late disregarded-entity election relief
A foreign eligible entity intended to be classified as an entity disregarded from its owner but did not timely file Form 8832. The entity and its owner had filed tax returns consistently with the…
Foreign entity receives late disregarded-entity election relief
A foreign eligible entity intended to be classified as an entity disregarded from its owner but did not timely file Form 8832. The entity and its owner had filed tax returns consistently with the…
Late qualified opportunity fund self-certification accepted
A partnership intended to operate as a qualified opportunity fund but failed to include Form 8996 with its first-year return. Its accounting firm did not advise it of the filing requirement and…
Partnership receives time to elect out of bonus depreciation
A partnership decided not to claim additional first-year depreciation for all classes of qualified property placed in service during a taxable year. Its adviser received that instruction, but an…
Bonus depreciation election extension granted
An S corporation asked for more time to elect out of additional first-year depreciation for all qualified property classes placed in service during a tax year. Its return preparer did not consider…
Late corporate classification and S elections approved
A limited liability company intended to be classified as a corporation and taxed as an S corporation from its formation date. It did not timely file either Form 8832 or Form 2553. The IRS concluded…
Late qualified opportunity fund certification accepted
A partnership intended to self-certify as a qualified opportunity fund beginning in a particular month. Its original accountant incorrectly concluded that no federal return was required and did not…
Late QTIP and reverse QTIP elections approved
A decedent's trust created a separate trust that paid all net income to the surviving spouse at least annually and permitted principal distributions for the spouse's health, support, and…
Late safe harbor elections approved for acquisition fees
A domestic limited partnership paid success-based fees for five taxable asset acquisitions spanning two tax years. Its returns generally deducted 70 percent and capitalized 30 percent of four fees…
Late REIT election treated as timely
A real estate investment firm intended a newly formed limited liability company to elect real estate investment trust status for its first tax year. Its accounting firm mistakenly filed the…
Late estate tax portability election approved
An estate that represented it was not otherwise required to file Form 706 missed the deadline to elect portability of the decedent's unused estate and gift tax exclusion. The election would allow…
Late section 336(e) election statement approved
An individual purchased at least 80 percent of an S corporation's stock, and the parties intended to treat the stock sale as an asset sale under IRC § 336(e). They did not timely attach the required…
Late partnership section 754 election approved
A limited liability company treated as a partnership failed to timely elect under IRC § 754 after a buyer purchased partnership interests in a transaction the company treated as a disguised sale.…
Late qualified opportunity fund certification treated as timely
A partnership was formed to operate as a qualified opportunity fund, but its manager and tax advisers did not timely file an extension or partnership return because of a miscommunication. The…
Late corporate classification election approved
A state corporation with an S election converted to a limited liability company and intended to remain classified as a corporation for federal tax purposes. It did not timely file Form 8832 to elect…
Estate received more time to elect portability of unused estate tax exclusion
An estate that was not otherwise required to file an estate tax return missed the deadline to elect portability for the decedent's unused exclusion amount. The estate asked for relief under Treas.…
Fund received more time to self-certify as a qualified opportunity fund
A partnership formed to operate as a qualified opportunity fund missed the deadline to file Form 8996 with its partnership return. Its accounting firm had advised it about the required filings but…
Solar facility owner received more time for leased-property credit election
A partnership owned a solar energy facility and leased it to another entity, intending to pass the facility's energy credit to the lessee. The parties' timely returns reflected that intended…
Controlled entities received more time for tax-exempt-use property elections
Two companies wholly owned by a tax-exempt entity served as general partners in partnerships that placed projects in service. Their partnership agreements stated that the companies would elect under…
Fund received more time for built-in-loss property basis election
An investment fund transferred business assets with aggregate tax basis above fair market value to an affiliated corporation in a transaction represented to qualify under IRC § 351. The fund and…
Fund received more time for built-in-loss property basis election
An investment fund and affiliated funds transferred business assets with aggregate tax basis above fair market value to an affiliated corporation in transactions represented to qualify under IRC §…
Affiliated fund received more time for built-in-loss basis election
An investment fund transferred business assets with aggregate tax basis above fair market value to an affiliated corporation in a transaction represented to qualify under IRC § 351. The fund and…
Fund obtained late-election relief for transferred built-in-loss assets
An affiliated investment fund transferred business assets whose aggregate tax basis exceeded fair market value to a corporation in a transaction represented to fall under IRC § 351. The parties…
Late basis election allowed for fund's built-in-loss asset transfer
An investment fund transferred business assets with built-in loss to an affiliated corporation in a transaction represented to qualify under IRC § 351. The fund and corporation intended to elect…
Partnership received more time to make section 754 basis election
A partnership sold interests to new partners and intended to make an IRC § 754 election with its return but inadvertently failed to do so. The election would permit basis adjustments under IRC §§…
Partnership received more time to opt out of bonus depreciation
A partnership placed qualified five-year and fifteen-year property in service and claimed additional first-year depreciation on its timely return. Its return preparer did not know that the deduction…
Estate received 120 days to make portability election
An estate that was not otherwise required to file Form 706 missed the deadline to elect portability of the decedent's unused estate tax exclusion. The estate requested relief under Treas. Reg. §…
Fifteen foreign entities received late check-the-box election relief
A foreign investment fund wholly or partly owned fifteen foreign eligible entities. The fund intended each entity to elect partnership or disregarded-entity status from its formation or acquisition…
Late Form 8996 treated as timely for opportunity fund certification
A partnership formed to invest in qualified opportunity zone property relied on a longtime accountant to handle its tax compliance. The accountant did not know that Form 8996 was required and…
Opportunity fund's amended Form 8996 was accepted as timely
A partnership was formed to invest in a qualified opportunity zone business, and some members contributed gains they expected to defer. Its longtime accountant did not know that the partnership had…
Five foreign entities received late classification election relief
Five foreign eligible entities failed to timely file Forms 8832 for their intended federal tax classifications. One entity sought partnership treatment, while the other four sought…
LLC received more time to elect corporate tax classification
A domestic limited liability company intended from formation to be classified as an association taxable as a corporation. It did not timely file Form 8832 to make that election. The company…
Estate obtained extension to preserve unused exclusion for spouse
An estate below the Form 706 filing threshold did not timely file an estate tax return or elect portability. It sought regulatory relief so the surviving spouse could potentially use the decedent's…
Pension plan sponsor received five-day extension for prefunding election
A defined benefit plan sponsor intended to use part of the plan's prefunding balance to satisfy its remaining minimum required contribution. Because of an oversight, it delivered the election to the…
REIT received more time to elect taxable subsidiary status
A REIT indirectly owned a corporation through a joint venture and intended the corporation to be its taxable REIT subsidiary. Another REIT connected to the joint venture timely filed its own Form…
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.