Grants 60 days to file a late IC-DISC election after advisers miscommunicated

Plain-English summary

A domestic corporation was formed to operate as an interest charge domestic international sales corporation (IC-DISC) for its parent company's export sales. The corporation relied on two accounting firms and a law firm to arrange the election, but a miscommunication among them meant that it did not receive and file Form 4876-A by the deadline for its first taxable year. The IRS concluded that the corporation acted reasonably and in good faith and that allowing a late regulatory election would not prejudice the government. It granted 60 days from the ruling date to file Form 4876-A, which would then be treated as timely for the corporation's first taxable year. The ruling did not decide whether the corporation actually qualified for IC-DISC status or benefits.

Ruling snapshot

• Question: May the corporation obtain an extension to file Form 4876-A for its first taxable year and elect IC-DISC status late?
• Outcome: Approved, with 60 days to file
• Key authorities: IRC § 992(b)(1); Temp. Treas. Reg. § 1.921-1T(b)(1); Treas. Reg. §§ 301.9100-1 and 301.9100-3

Full text (IRS public release)

Internal Revenue Service
Department of the Treasury
Washington, DC 20224

Number: 201842005
Release Date: 10/19/2018
Index Number: 9100.22-00, 992.02-00

Third Party Communication: None
Date of Communication: Not Applicable

Person To Contact: [redacted], ID No. [redacted]
Telephone Number: [redacted]

In Re: [redacted]

Refer Reply To:
CC:INTL:B06
PLR-111408-18

Date: July 24, 2018

Taxpayer = [redacted]
Parent = [redacted]
Accounting Firm 1 = [redacted]
Accounting Firm 2 = [redacted]
Law Firm = [redacted]
Date 1 = [redacted]

Dear [redacted]:

This responds to a letter dated March 23, 2018, requesting that the Internal Revenue Service (“Service”) grant Taxpayer an extension of time under Treas. Reg. §§ 301.9100-1 and 301.9100-3 to file Form 4876-A (“Election To Be Treated as an Interest Charge DISC”) for Taxpayer’s first taxable year.

The rulings contained in this letter are based upon information and representations submitted by Taxpayer and Accounting Firm 2 and accompanied by affidavits and penalty of perjury statements executed by the appropriate parties. This office has not verified any of the materials submitted in support of the request for rulings. They are subject to verification on examination.

FACTS

Taxpayer is a domestic corporation wholly owned by Parent. Taxpayer was formed on Date 1 to operate as an interest charge domestic international sales corporation (“IC-DISC”), assisting its related supplier, Parent, with sales of export property.

Taxpayer relied on Accounting Firm 1 and Accounting Firm 2 for advice and assistance with arranging for Taxpayer to qualify as an IC-DISC. Taxpayer also engaged Law Firm to handle corporate formation documentation. Due to a miscommunication between Taxpayer, Accounting Firm 1, Accounting Firm 2, and Law Firm, Taxpayer did not receive the IC-DISC election package before the submission deadline. Taxpayer expected that it would qualify for IC-DISC tax treatment as of Date 1. However, Taxpayer later learned that it did not make a timely IC-DISC election.

After learning that the Form 4876-A had not been timely filed, Taxpayer requested a ruling granting an extension of time to file Form 4876-A for its first taxable year.

LAW AND ANALYSIS

Section 992(b)(1)(A) of the Internal Revenue Code (“Code”) provides that an election by a corporation to be treated as a DISC¹ shall be made by such corporation for a taxable year at any time during the 90-day period immediately preceding the beginning of the taxable year, except that the Secretary may give his consent to the making of an election at such other times as he may designate.

Section 992(b)(1)(B) of the Code provides that the election shall be made in such manner as the Secretary shall prescribe and shall be valid only if all persons who are shareholders in the corporation on the first day of the first taxable year for which the election is effective consent to such election.

Temporary Treasury Regulation § 1.921-1T(b)(1) provides, in part, that a corporation electing IC-DISC status must file Form 4876-A and that a corporation electing to be treated as an IC-DISC for its first taxable year shall make its election within 90 days after the beginning of that year.

Treasury Regulation § 301.9100-1(c) provides, in part, that the Commissioner, in exercising the Commissioner’s discretion, may grant a reasonable extension of time under the rules set forth in Treas. Reg. §§ 301.9100-2 and 301.9100-3 to make a regulatory election under all subtitles of the Code except subtitles E, G, H, and I.

Treasury Regulation § 301.9100-1(b) provides that a regulatory election is an election whose due date is prescribed by a regulation published in the Federal Register, or a revenue ruling, revenue procedure, notice, or announcement published in the Internal Revenue Bulletin. For this purpose, an election includes an application for relief in respect of tax.

Treasury Regulation § 301.9100-3(a) provides that requests for extensions of time for regulatory elections that do not meet the requirements of Treas. Reg. § 301.9100-2 (automatic extensions) must be made under the rules of Treas. Reg. § 301.9100-3. Requests for relief subject to Treas. Reg. § 301.9100-3 will be granted when the taxpayer provides the evidence (including affidavits described in Treas. Reg. § 301.9100-3(e)) to establish to the satisfaction of the Commissioner that the taxpayer acted reasonably and in good faith, and that the grant of relief will not prejudice the interests of the Government.

Based on the facts and representations submitted with Taxpayer’s ruling request, we conclude that Taxpayer satisfies Treas. Reg. § 301.9100-3(a). Accordingly, Taxpayer is granted an extension of time of 60 days from the date of this ruling letter to file Form 4876-A. Such filing will be treated as a timely election to be treated as an IC-DISC for Taxpayer’s first taxable year.

The granting of an extension in this ruling letter is not a determination that Taxpayer is in fact eligible to make the election or to claim IC-DISC status or benefits. See Treas. Reg. § 301.9100-1(a). Taxpayer should attach a copy of this ruling letter to its Federal income tax return for the taxable years to which this letter applies.

This ruling is directed only to the taxpayer requesting it. Section 6110(k)(3) of the Code provides that it may not be used or cited as precedent. Except as expressly provided herein, no opinion is expressed or implied concerning the tax consequences of any aspect of any transaction or item discussed or referenced in this letter.

Pursuant to a Power of Attorney on file with this office, copies of this ruling letter are being sent to your authorized representative.

Sincerely,

Christopher J. Bello
Branch Chief, Branch 6
Office of Associate Chief Counsel (International)

Enclosures (2)
Copy of this letter
Copy for § 6110 purposes

¹ As used in this letter, the terms “IC-DISC” and “DISC” have the same meaning.