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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Corporation receives extra time for an outbound intangible-property election
A domestic corporation was treated as transferring operating intangibles to a foreign corporation when a foreign disregarded entity elected corporate status. Its accounting firm reported the outbound …
Partnership receives 45 days to file its original accounting-method form
A partnership affiliated with a corporation in the IRS Compliance Assurance Process sought an automatic accounting-method change under section 446(e). It timely filed the duplicate copy of Form 3115 b…
Partnership receives 120 days to make a late section 754 election
A partnership intended to elect under section 754 after a partner who held an interest through a grantor trust died. It timely filed its partnership return but inadvertently omitted the election. The …
S corporation receives 120 days to make a late QSub election
An S corporation indirectly owned all of a subsidiary corporation through a disregarded limited liability company. It intended the subsidiary to be a qualified subchapter S subsidiary, but the subsidi…
Partnership receives late section 754 election relief after an interest sale
A partnership failed to make a section 754 election for the year in which a buyer purchased a partnership interest. It represented that the failure was inadvertent, that it acted reasonably and in goo…
Fund receives 60 days to make a late QOF self-certification
A partnership was formed to invest in qualified opportunity zone property and intended to operate as a qualified opportunity fund. Its accountant lacked QOF experience and, amid COVID-related restrict…
LLC receives 120 days to elect corporate tax status
A domestic limited liability company intended to be treated as an association taxable as a corporation from its formation date. It inadvertently failed to file Form 8832 on time and requested late-ele…
Estate may elect out of automatic GST exemption allocations to two trusts
A taxpayer created and funded separate trusts primarily for a daughter and a son, both with generation-skipping transfer potential. The taxpayer did not intend to allocate GST exemption to the transfe…
Corporation receives 60 days to complete its accounting-method filing
A corporation requested extra time to complete an automatic accounting-method change for certain related-party transactions. Its tax adviser timely faxed a copy of Form 3115 to the IRS, and the corpor…
Partnership may make late bonus depreciation elections for film and television productions
A partnership intended to elect out of bonus depreciation for qualified film and television productions placed in service during three tax years. Its timely filed returns used the income forecast meth…
Estate receives 120 days to make a reverse QTIP election
A decedent's revocable trust funded a federal marital trust for the surviving spouse, and the estate elected qualified terminable interest property treatment on a late-filed Form 706. The estate's att…
Consolidated group receives 75 days to waive former-group loss carrybacks
A consolidated group's parent acquired corporations that had belonged to another consolidated group. The parent intended to elect to relinquish the portion of the carryback period covering the acquire…
Late Form 8996 treated as timely for opportunity fund self-certification
A limited liability company taxed as a partnership was formed to invest in qualified opportunity zone property and operate as a qualified opportunity fund. Its managing member asked an accounting firm…
Partnership receives 120 days to make a late section 754 election
A limited partnership failed to make a section 754 election for a year in which two partners died because its tax advisers did not adequately advise it about the election. The IRS found that the partn…
Clerical error excused for opportunity fund self-certification
A limited liability company taxed as a partnership was formed to qualify as a qualified opportunity fund and invest indirectly in qualified opportunity zone property. The controller intended for a CPA…
S corporation receives 120 days to file a late QSub election
An S corporation acquired all the stock of another domestic corporation and intended the acquired company to be a qualified subchapter S subsidiary from the acquisition date. It inadvertently failed t…
REIT receives 60 days to file a duplicate Form 3115
A real estate investment trust sought an automatic accounting-method change for depreciation of certain disposed property. It timely filed its return with the original Form 3115 attached and reflected…
Partnership receives 120 days for a late section 754 election after distributions
A limited liability company taxed as a partnership made liquidating distributions to partners during and after a tax year but inadvertently failed to make a section 754 election with that year's retur…
Foreign partnership receives 120 days to make a late section 754 election
A foreign company classified as a partnership for federal tax purposes intended to make a section 754 election but failed to attach it to the return for the requested year. The IRS found that the disc…
Late qualified opportunity fund self-certification is treated as timely
A partnership limited liability company was formed to invest in qualified opportunity zones and operate as a qualified opportunity fund. One manager believed a liaison would engage an accounting firm …
Estate receives 120 days to make a late portability election
An estate did not timely file Form 706 to elect portability of the deceased spouse's unused estate and gift tax exclusion to the surviving spouse. The estate represented that its value and adjusted ta…
Company receives 60 days to make a late tax-exempt controlled entity election
A wholly owned limited liability company elected corporate tax status and intended to elect not to be treated as a tax-exempt controlled entity under section 168(h)(6)(F)(ii). Its later dissolution un…
Estate receives 120 days to make a late portability election
An estate failed to timely file Form 706 to elect portability of the deceased spouse's unused estate and gift tax exclusion to the surviving spouse. It represented that its value and adjusted taxable …
Foreign entity receives 120 days to make a late corporate classification election
A foreign eligible entity intended to elect association status so it would be taxed as a corporation for U.S. federal tax purposes, but it did not timely file Form 8832. The entity represented that it…
Foreign entity receives 120 days to make a late corporate classification election
A foreign eligible entity intended to be treated as an association taxable as a corporation for U.S. federal tax purposes but inadvertently failed to timely file Form 8832. The IRS found that the enti…
Estate receives 120 days to make a late portability election
An estate did not timely make a portability election that would allow the surviving spouse to use the deceased spouse's unused estate and gift tax exclusion. The estate represented that its value and …
Partnership receives 60 days to make a success-based-fee safe-harbor election
A partnership sought extra time to elect the Revenue Procedure 2011-29 safe harbor for a success-based advisory fee connected with its acquisition. The partnership intended to deduct 70 percent of the…
Estate receives 120 days to make a late portability election
An estate did not timely make a portability election that would allow the surviving spouse to use the deceased spouse's unused estate and gift tax exclusion. The estate represented that its value and …
Estate receives 120 days to make a late portability election
An estate did not timely make a portability election that would allow the surviving spouse to use the deceased spouse's unused estate and gift tax exclusion. The estate represented that its value and …
Qualified opportunity fund receives 60 days to make late self-certification
A partnership limited liability company was formed and funded to invest in qualified opportunity zone property and serve as a qualified opportunity fund. Its accounting firm advised that a partnership…
Late success-based-fee safe harbor election allowed
A partnership paid a success-based fee when an acquirer purchased a majority interest. Its return deducted 70 percent and capitalized 30 percent of the fee, consistent with the safe harbor in Revenue …
Late qualified opportunity fund self-certification accepted
A partnership was formed to invest in qualified opportunity zone property and intended to operate as a qualified opportunity fund. Its accounting firm did not file partnership returns for its first tw…
Late section 336(e) stock-disposition election allowed
A partnership acquired more than 80 percent 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 failed to att…
Late section 336(e) agreement and election allowed
An individual bought the stock of an S corporation, and the parties intended to treat the stock disposition as an asset sale under section 336(e). They reasonably relied on a tax professional who fail…
Estate received more time to make a QTIP election
A decedent's trust directed property subject to a qualified terminable interest property election into a marital trust that paid all net income to the surviving spouse at least quarterly. The estate t…
Late opportunity fund self-certification treated as timely
A limited liability company classified as a partnership was organized to be a qualified opportunity fund and invest in qualified opportunity zone property. It relied on another party to prepare its pa…
Three partnerships received late section 754 election relief
An individual held interests in three partnerships through two trusts. After the individual died, the partnerships intended to elect under section 754 to adjust the basis of partnership property, but …
Partnership received late section 754 election relief
A partner held an interest in a partnership through a grantor trust and later died. The partnership inadvertently failed to file a section 754 election for the tax year of the resulting transfer. The …
Late entity classification and tax-exempt controlled entity elections allowed
A limited liability company wholly owned by a section 501(c)(3) organization served as general partner of a partnership that owned an affordable housing project. The operating agreement required the c…
Affordable housing partner received late election relief
A limited liability company owned by a section 501(c)(3) organization was the general partner of a partnership formed to acquire, rehabilitate, own, lease, and manage a qualified low-income housing pr…
Late qualified subchapter S subsidiary election allowed
A corporation hired a tax adviser to obtain S corporation status for itself and qualified subchapter S subsidiary status for its wholly owned subsidiary. Acting on incorrect advice, the corporation fi…
Estate received more time to elect portability
A decedent left a surviving spouse and an unused estate and gift tax exclusion amount, but the estate did not timely file Form 706 to elect portability. Based on the represented estate value and adjus…
Late election out of automatic GST exemption allocation allowed
A taxpayer's spouse funded a grantor retained annuity trust, and the spouses elected to split the gift on their timely gift tax returns. They did not intend to allocate generation-skipping transfer ta…
Late GST allocation opt-outs allowed for twelve GRATs
A taxpayer created and funded twelve grantor retained annuity trusts over several years, with each remainder passing to a trust for descendants. The taxpayer did not intend to allocate generation-skip…
Late section 754 election allowed after apartment interest sale
A partnership owned an apartment complex and a vacant development lot that it subdivided into separate parcels and tied to separate classes of partnership interests. One partner sold all of its apartm…
IRS grants an extension of time to file a late section 336(e) election for an S corporation stock sale
A buyer acquired all the stock of an S corporation from its seller. The parties wanted to treat that stock sale as if it were a sale of the S corporation's underlying assets, which they could do by ma…
IRS grants a 120-day extension to make a late estate-tax portability election
When someone dies, their estate can elect "portability" to pass the deceased spouse's unused estate and gift tax exclusion (called the DSUE amount) to the surviving spouse, so the survivor can shelter…
IRS grants a 120-day extension to make a late section 754 election for a partnership
A limited liability company taxed as a partnership wanted to make a section 754 election. That election lets a partnership adjust the tax basis of its own assets when a partner's interest changes hand…
IRS grants a 120-day extension to make a late allocation of GST exemption after the accountant omitted it
A married couple created and funded a trust for their children and more remote descendants, a trust that could later trigger generation-skipping transfer (GST) tax when assets pass to grandchildren or…
IRS grants a 60-day extension to file a late Form 8996 self-certifying a Qualified Opportunity Fund
An LLC taxed as a partnership was formed to invest in qualified opportunity zone property and to operate as a Qualified Opportunity Fund (QOF), a vehicle that lets investors defer and reduce tax on ca…
IRS grants a 60-day extension to file a late Form 8996 self-certifying a Qualified Opportunity Fund
An LLC taxed as a partnership was formed to acquire qualified opportunity zone property and to be treated as a Qualified Opportunity Fund (QOF), a vehicle that lets investors defer tax on capital gain…
IRS grants a 120-day extension to make a late estate-tax portability election
When someone dies, their estate can elect "portability" to pass the deceased spouse's unused estate and gift tax exclusion (called the DSUE amount) to the surviving spouse, so the survivor can shelter…
IRS grants a 120-day extension to make a late allocation of GST exemption after the accountant omitted it
A married couple created and funded a trust for their children and more remote descendants, a trust that could later trigger generation-skipping transfer (GST) tax when assets pass to grandchildren or…
IRS grants a 60-day extension to file a late Form 8996 self-certifying a Qualified Opportunity Fund
An LLC taxed as a partnership was formed to invest in qualified opportunity zone property and to be treated as a Qualified Opportunity Fund (QOF), a vehicle that lets investors defer tax on capital ga…
IRS grants relief to make a late corporate-classification election and a late S corporation election for an LLC
An LLC formed under state law intended to be taxed as an S corporation starting on a specific date. For an LLC to be an S corporation, it must do two things: first elect to be treated as a corporation…
IRS treats a late Form 8996 as timely, allowing a Qualified Opportunity Fund self-certification after the accountant missed the extension
An LLC taxed as a partnership was formed to invest in Qualified Opportunity Zones and operate as a Qualified Opportunity Fund (QOF), a vehicle that lets investors defer tax on capital gains reinvested…
120-day extension to make a section 754 partnership basis election
A state LLC taxed as a partnership asked the IRS for more time to make an election under Section 754. When some of its owners transferred part of their partnership interests as part of a multi-step de…
60-day extension to file Form 1128 to change a foreign insurer's tax year
A foreign insurance company that had elected under Section 953(d) to be taxed as a U.S. domestic corporation wanted to change its annual accounting period (its tax year end). Changing a tax year gener…
120-day extension for a foreign entity to elect disregarded (check-the-box) status
A foreign entity with a single owner wanted to be treated as a "disregarded entity" (ignored as separate from its owner) for U.S. federal tax purposes. It could do that by filing a "check-the-box" ele…
Opportunity fund received relief for omitted Form 8996
A partnership's operating agreement stated that it was intended to be a qualified opportunity fund and invest only in qualified opportunity zone property. Its members believed the first-year partnersh…
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.