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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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…
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…
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…
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.…
Corporation received 30 days to file branch-tax election statement
A foreign parent conducted a U.S. trade or business through disregarded entities. When the lowest-tier U.S. LLC elected corporate status, its assets were treated as contributed to a new corporation…
Partnership received extra time to self-certify as a qualified opportunity fund
A partnership formed to invest in qualified opportunity zone property missed the deadline to file Form 8996 and self-certify as a qualified opportunity fund. Its manager had hired a firm to prepare…
Tax-exempt controlled entity received 60 days to file a depreciation election
A corporation wholly owned by a tax-exempt entity intended to elect not to be treated as a tax-exempt controlled entity for depreciation purposes. Its tax advisor prepared the return as if the…
Lower-tier partnership received 120 days to make a section 754 election
A lower-tier partnership missed its section 754 election after a partner in an upper-tier partnership sold its interest. The upper-tier partnership had a section 754 election in effect, and the…
Foreign entity received 120 days to file a late corporate classification election
A foreign eligible entity intended to elect corporate tax classification but failed to file Form 8832 on time. It asked the IRS for discretionary relief under the regulatory election rules. The IRS…
Partnership received 120 days to make a late section 754 election
A partnership intended to make a section 754 election after an ownership change but failed to file the election on time. It requested discretionary late-election relief. The IRS concluded that the…
LLC's late qualified opportunity fund certification was treated as timely
An LLC formed as a qualified opportunity fund missed the deadline for its partnership return and Form 8996 after its accounting firm overlooked the extension filing. Investors had already…
120-day relief for an LLC to make late corporate-classification and S corporation elections
An LLC is not a corporation by default, so to be taxed as an S corporation it must both elect to be classified as a corporation and elect S status. Here an LLC intended to be an S corporation as of…
120-day extension to fix the effective date of an LLC's corporate-classification election
An LLC can choose to be taxed as a corporation by filing Form 8832, and it specifies on the form the date the election takes effect. Here an LLC wanted its corporate classification to be effective…
75-day extension to make a late section 336(e) election on an S corporation stock sale
A section 336(e) election lets the sale of a corporation's stock be treated, for tax purposes, as if the company had sold its assets, which can give the buyer a stepped-up basis in those assets.…
120-day extension for an estate to make a late portability (DSUE) election
When someone dies without using up their full estate-tax exemption, a "portability" election lets the surviving spouse inherit the unused amount (the deceased spousal unused exclusion, or DSUE), but…
120-day extension for three foreign entities to file late disregarded-entity elections
A single-owner foreign business entity can elect to be "disregarded" for U.S. tax purposes (treated as part of its owner) by filing Form 8832 on time. Here three related foreign entities, each…
120-day relief for two late elections tied to a tax-exempt-owned low-income housing entity
When property is used by a tax-exempt entity, special "tax-exempt use property" rules force the owner to depreciate it slowly under the alternative depreciation system, which reduces deductions.…
120-day extension for a foreign entity to file a late disregarded-entity election
A foreign business entity with a single owner can choose to be "disregarded" for U.S. tax purposes (treated as part of its owner rather than a separate taxpayer) by filing Form 8832, but the…
Partnership received 120 days to make a section 754 election after a partner's death
A partnership failed to make a section 754 election for the tax year in which one of its partners died. It requested discretionary relief to make the election late. The IRS concluded that the…
Estate received 120 days to make a late portability election
An estate that was not otherwise required to file Form 706 missed the deadline to elect portability of the deceased spouse's unused estate and gift tax exclusion. The estate requested relief so the…
Housing project received 120 days to make the average-income election
The owner of a single-building low-income housing project intended to elect the average-income minimum set-aside. Contemporaneous documents supported that intent, but the owner inadvertently omitted…
Corporation received 120 days to make a late GILTI high-tax election
A domestic corporation intended to make the GILTI high-tax exclusion election for a group of 29 controlled foreign corporations. Its timely return reported zero GILTI consistently with that intent,…
Corporation received 60 days to make a late success-based fee election
A corporate group used the Rev. Proc. 2011-29 safe harbor for success-based transaction fees, deducting 70 percent and capitalizing 30 percent. It reported the merger fees consistently with the safe…
Partnership received 120 days to make a late section 754 election
A limited partnership intended to elect under section 754 after a partner died, but it inadvertently omitted a valid election from its timely partnership return. The election would allow partnership…
Estate received 120 days to make a late QTIP election
A decedent's revocable trust became irrevocable at death and divided into family and marital trusts. The surviving spouse was entitled to all marital trust income for life, and the trust was…
Consolidated group received 75 days to waive a loss carryback
A consolidated corporate group generated a consolidated net operating loss and carried it forward on its returns. The group intended to waive the loss's carryback period but relied on a tax…
Parties received 75 days to make a late section 336(e) election
Purchasers acquired all stock of an S corporation from its shareholders, and the parties intended to treat the stock sale as an asset sale under section 336(e). They did not timely attach the…
Partnership granted extension to make late section 754 election
A limited liability company treated as a partnership intended to make a section 754 election but inadvertently failed to attach a valid election to its timely partnership return. The IRS found that…
Estate granted extension to elect portability of unused exclusion
An estate that represented it was not otherwise required to file Form 706 failed to file a timely return electing portability of the decedent's unused estate and gift tax exclusion to the surviving…
Extension granted for late section 336(e) election
A consolidated group's parent distributed all the stock of several target corporations and intended the qualified stock disposition to be treated as an asset sale under section 336(e), but the…
Estate received 120 days to make a late portability election
An estate that was not otherwise required to file Form 706 missed the deadline to elect portability of the deceased spouse's unused estate and gift tax exclusion. The estate requested regulatory…
Late taxable REIT subsidiary election treated as timely
A real estate investment trust and its wholly owned subsidiary intended the subsidiary to operate a restaurant as a taxable REIT subsidiary. An internal communication failure left the finance team…
Partnership received 120 days to make a late section 754 election
A partnership missed the deadline to make a section 754 election after one of its partners died. The IRS found that the partnership satisfied the standards for regulatory election relief and granted…
Late qualified opportunity fund self-certification accepted
A partnership was formed to operate as a qualified opportunity fund, but its accountant did not know that Form 8996 had to be filed on time to make the required self-certification election. The…
Late QSub election extension granted
An S corporation acquired all the stock of a subsidiary and intended to treat it as a qualified subchapter S subsidiary, but did not file Form 8869 on time. The parent and subsidiary reported all…
Estate received 120 days to make a late portability election
An estate that was not otherwise required to file Form 706 missed the deadline to elect portability of the deceased spouse's unused exclusion amount. The estate requested relief so the surviving…
Estate received 120 days to make a late portability election
An estate that was not otherwise required to file Form 706 missed the deadline to elect portability of the deceased spouse's unused exclusion amount. The estate requested regulatory relief so the…
Partnership received 120 days to make a late section 754 election
A foreign limited partnership intended to make a section 754 election but inadvertently omitted the election from its timely partnership return. The IRS found that the partnership satisfied the…
Late section 336(e) election extension granted
A partnership acquired more than 80% of an S corporation through a disregarded entity, and the parties intended to treat the stock sale as an asset sale under section 336(e). They entered the…
Late section 336(e) election extension granted
A purchaser acquired all stock of an S corporation, and the parties intended to elect under section 336(e) to treat the stock sale as an asset sale. They did not timely attach the election statement…
Partnership received 120 days to make a late section 754 election
A limited liability company taxed as a partnership intended to make a section 754 election but failed to include it with its return. The IRS accepted the company's representations that it acted…
QOF self-certification accepted after filing with the wrong return
A limited liability company was formed to operate as a qualified opportunity fund and had elected S corporation status. Because its lawyer did not tell the accounting firm about that election, the…
Partnership may revoke election out of bonus depreciation
A partnership elected out of 100% additional first-year depreciation for its 5-year, 7-year, and 15-year qualified property after relying on its return preparer. A later preparer reviewing the…
Partnership may revoke election out of bonus depreciation
A partnership elected out of 100% additional first-year depreciation for its 5-year, 7-year, and 15-year qualified property after relying on its return preparer. A later preparer would have advised…
Partnership received 120 days to make a late section 754 election
A partnership had previously made a section 754 election, but a later ownership change caused a technical termination under the law then in effect. After another partner-interest purchase, the…
Late QSub elections granted for three subsidiaries
An S corporation acquired all the stock of three subsidiaries and intended to treat each as a qualified subchapter S subsidiary from its respective acquisition date. It inadvertently failed to file…
Prior section 754 election deadline extended by 60 days
The IRS had previously issued a private letter ruling concerning the taxpayer's deadline to file a section 754 election. This supplemental ruling does not restate the facts or analysis from the…
Pre-2018 Roth IRA contributions may be recharacterized
A financial institution removed the word “Roth” from an IRA's displayed account title while processing the taxpayer's name change, although the account remained coded internally as a Roth IRA.…
Late qualified opportunity fund self-certification accepted
A partnership was formed to operate as a qualified opportunity fund, but its manager believed no federal return was required for the first year because the entity had no business activity. After the…
Late multiple-building housing credit election allowed
A low-income housing taxpayer intended to treat all buildings in a project as one multiple-building project but inadvertently omitted the election from Forms 8609. The IRS found that the taxpayer…
Corporation received extra time to request tax-year change
A corporate parent wanted to align its federal tax year with a new financial reporting year. Its accounting firm agreed to prepare the short-period filings, but internal miscommunications between…
LLC received extra time to elect corporate classification
A limited liability company intended to be classified as an association taxable as a corporation from the date it was formed. It did not timely file Form 8832 to make that entity-classification…
Taxpayer received extra time to submit duplicate Forms 3115
A corporate parent filed two original Forms 3115 with its consolidated return for an acquired subsidiary and reported the requested accounting method changes. It failed, however, to send the…
Estate received extra time to elect portability
A decedent's estate was not otherwise required to file Form 706 but needed a timely estate tax return to transfer the deceased spousal unused exclusion amount to the surviving spouse. The estate did…
Consolidated group received extra time for closing-of-the-books election
A consolidated group experienced an ownership change that limited the use of its pre-change losses under IRC § 382. It did not timely elect to close its books on the change date when allocating…
Foreign entity received extra time to elect partnership status
A foreign entity intended to be classified as a partnership for U.S. federal tax purposes from its formation date but inadvertently failed to file Form 8832 on time. The IRS found that the entity…
Estate received extra time to elect portability
A decedent's estate was not otherwise required to file Form 706 but needed a timely estate tax return to transfer the deceased spousal unused exclusion amount to the surviving spouse. The estate did…
IRS grants 120 days to make a late partnership basis election
A limited liability company taxed as a partnership missed the deadline to elect under IRC § 754 after a 50 percent general partner died. That election allows the partnership to adjust the basis of…
LLC receives 120 days to file a late disregarded-entity election
A limited liability company intended to elect disregarded-entity status for federal tax purposes but did not timely file Form 8832. The company and its owner had filed tax returns consistent with…
Corporation receives extra time for a foreign tax redetermination election
A domestic corporation had five foreign tax redeterminations involving two wholly owned foreign subsidiaries. It chose an election under Treas. Reg. § 1.905-5(e)(1) that would account for those…
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.