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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Inadvertent Section 754 omission received late-election relief
A partnership inadvertently omitted a Section 754 election from the relevant return after a partner died. The IRS granted 120 days to make the election through the appropriate Form 1065-X or Form 8082…
Partnership was allowed to correct a missed Section 754 election
A partnership failed to make a Section 754 election for the relevant taxable year after a partner died. The IRS concluded that the standards for late-election relief were met and gave the partnership …
Missed partnership basis election received 120-day relief
A partnership inadvertently missed a Section 754 election for a taxable year following a partner's death. The IRS granted 120 days to make the election through Form 1065-X or Form 8082 and attach the …
Consolidated group received more time to expire unusable losses
A consolidated group acquired a target corporation with separate-return-year loss carryovers that could never be used because of a Section 382 limitation. The group intended to elect under the consoli…
Corporation could revoke its election out of bonus depreciation
An S corporation placed three-year, five-year, and seven-year qualified property in service but elected not to claim additional first-year depreciation because its timely filed return showed an overal…
Acquirer received more time for success-based-fee safe harbor
A consolidated group incurred financial-adviser fees in acquiring a target company and reported part of the reimbursed costs as 70 percent deductible and 30 percent capitalizable under the Rev. Proc. …
Opportunity fund received 60 days to add its missed Form 8996
A partnership was formed to operate as a qualified opportunity fund, but its managing member lacked detailed federal tax and QOF knowledge. The partnership missed both its first Form 1065 deadline and…
S corporation received more time for a QSub election
An S corporation formed a wholly owned domestic subsidiary and intended to treat it as a qualified subchapter S subsidiary from formation. The parent inadvertently failed to file the QSub election on …
Estate received relief for a late alternate-valuation election
An executor hired an attorney to administer an estate and an accountant to prepare Form 706. Neither adviser told the executor to make the Section 2032 alternate-valuation election, so the timely orig…
Parent received 120 days to file a QSub election
An S corporation wholly owned a domestic subsidiary and intended QSub treatment from the same date as the parent's S election. The parent inadvertently failed to file the subsidiary election on time, …
Late S corporation and two QSub elections received relief
A corporation intended S corporation status from its formation date but did not timely file Form 2553. It also wholly owned two corporations intended to be QSubs from the same date but did not file th…
Partnership obtained 120 days for a missed Section 754 election
A partnership inadvertently failed to make a Section 754 election for the relevant year after a partner died. The IRS granted 120 days to file the election with Form 1065-X or Form 8082 and attach the…
Estate received 120 days to make a late portability election
An estate that was not otherwise required to file an estate tax return did not timely elect portability of the decedent's unused exclusion amount for the surviving spouse. Based on the submitted infor…
Housing project received 120 days to make average-income elections
The owner of a multi-building low-income housing project intended to elect the average-income minimum set-aside under Section 42(g)(1)(C), as shown by contemporaneous records, but inadvertently omitte…
Partnership's late Form 8996 was treated as a timely QOF election
A partnership intended from formation to qualify as a qualified opportunity fund, and its members contributed capital gain for that purpose. Its accountant timely filed Form 1065 but inadvertently omi…
LLC's amended-return Form 8996 was accepted as a timely QOF election
An LLC intended to qualify as a qualified opportunity fund, received members' capital-gain contributions, and acquired stock in a qualified opportunity zone business. Its accountant timely filed Form …
Foreign entity received 120 days for a late corporate-classification election
A foreign eligible entity had initially elected disregarded-entity status and later intended to be classified as an association taxable as a corporation, but it did not timely file Form 8832 for the c…
Partnership received 120 days to make a late Section 754 election
A partnership inadvertently failed to make a Section 754 election for the year in which one of its partners died. The IRS found that the partnership satisfied the standards for regulatory-election rel…
Five acquired entities could change to disregarded status within 60 months
A buyer acquired a corporation whose five domestic eligible entities had previously elected corporate classification, and the buyer and seller made Section 338(h)(10) elections for the acquisition. Th…
Partnership received late-election relief after a partner's death
After a partner died, a partnership intended to make a Section 754 election to adjust the basis of partnership property, but the election was inadvertently omitted from its timely return despite relia…
LLC received 60 days to file its omitted QOF self-certification
An LLC was formed to operate as a qualified opportunity fund, but its manager did not know the partnership-return and Form 8996 deadline and believed the accountant would begin the filing process. The…
Foreign entity received 120 days to elect corporate classification
A foreign eligible entity intended to be classified as an association taxable as a corporation but did not timely file Form 8832 with the requested effective date. The IRS found that the entity satisf…
LLC received 120 days to file a late corporate-classification election
A domestic limited liability company intended to be classified as a corporation from a specified date but did not timely file Form 8832. Based on the submitted facts and representations, the IRS concl…
Partnership received 120 days for a late Section 754 election
A partnership inadvertently failed to make a Section 754 election for the year in which one of its partners died. The IRS found that the partnership satisfied the standards for regulatory-election rel…
Two foreign entities received late partnership-classification relief
Two foreign eligible entities whose default classifications were associations were owned by a married couple who later became U.S. tax residents. After one spouse died, the surviving spouse became the…
Estate received 120 days to divide a reverse-QTIP trust for GST purposes
A decedent's estate made both a QTIP election and a reverse-QTIP election for an entire marital trust. A later transitional regulation allowed certain pre-1995 reverse-QTIP trusts with allocated GST e…
Partnership could aggregate royalty interests in three adjacent mineral leases
A partnership acquired royalty interests covering three adjacent mineral leases and used cost depletion, but it lacked reserve information needed to calculate depletion separately by property. It lear…
Delinquent Form 8996 was treated as a timely QOF self-certification
An LLC was organized to be a qualified opportunity fund and used members' contributions to buy stock in a qualified opportunity zone business. Its first accountant incorrectly concluded that the partn…
Foreign entity received 120 days to elect partnership classification
A foreign eligible entity requested additional time to file Form 8832 electing partnership classification from a specified date. The IRS found that the entity satisfied the standards for regulatory-el…
Corporate group receives 75 days to make late consolidated-return election
A parent corporation and five subsidiaries intended to elect to file a consolidated federal income tax return but did not make a valid election by the deadline. The return later filed for the group al…
Opportunity fund receives 45 days to file late self-certification
A partnership organized as a limited liability company intended to qualify as a qualified opportunity fund from the month it was formed. Its first tax adviser failed to tell it that it needed to file …
Estate received 120 days to make a 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 discretionary re…
Estate gets 120 days to make a late portability election
An estate was not otherwise required to file a federal estate tax return because of the value of the decedent’s gross estate and adjusted taxable gifts. The estate nevertheless needed to file Form 706…
LLC gets 120 days to file late corporate classification election
A limited liability company intended to be classified as an association taxable as a corporation from a specified effective date. It failed to timely file Form 8832 to make that election and requested…
Estate granted 120 days to make QTIP election
A decedent's revocable trust became irrevocable at death and divided into marital and family trusts. The marital trust required income distributions to the surviving spouse and permitted principal dis…
Late section 336(e) election relief granted
A partnership-classified buyer acquired all the stock of an S corporation through a disregarded entity. The parties intended the stock sale to be treated as an asset sale under section 336(e), but the…
Spouse granted time to elect out of automatic GST allocation
A taxpayer funded a three-year grantor retained annuity trust whose remainder would pass to a separate trust for descendants. The taxpayer and spouse elected gift splitting, so each was treated as the…
Taxpayer granted time to elect out of automatic GST allocation
A taxpayer funded a three-year grantor retained annuity trust whose remainder would pass to a separate trust for descendants. The taxpayer and spouse elected gift splitting, so each was treated as the…
Late section 336(e) election statement relief granted
A purchaser acquired all the stock of an S corporation, and the parties intended to elect under section 336(e) to treat the stock disposition as an asset disposition. They did not timely attach the re…
Late mark-to-market election denied for hindsight and prejudice
An individual who actively traded securities sought permission to make a late section 475(f)(1) mark-to-market election. The taxpayer had not known about the election when trading began and later lear…
LLC granted late partnership-classification election relief
A limited liability company elected S corporation status when it was formed, which caused it to be classified as an association taxable as a corporation. It later intended to change its classification…
Six late corporate tax elections granted relief
A corporate group intended to make six elections involving bankruptcy loss limits, subsidiary stock basis, tangible-property capitalization, alternative depreciation, and bonus depreciation. Its accou…
Partnership received 60 days to make a late qualified opportunity fund election
A partnership was formed to invest in a qualified opportunity zone business and serve as a qualified opportunity fund. Its accounting firm mistakenly believed the entity was a corporation, so it did n…
Parties received extra time to file a section 336(e) election statement
Shareholders sold all of an S corporation's stock to a purchaser through a disregarded entity, and the parties intended to elect under section 336(e) to treat the qualified stock disposition as an ass…
Late-filed qualified opportunity fund election was treated as timely
A limited partnership was formed to invest in qualified opportunity zone property and serve as a qualified opportunity fund. Its general partner asked its accountant to extend the partnership's first …
Amended qualified opportunity fund election was treated as timely
A partnership was formed to invest in qualified opportunity zone property and intended to be a qualified opportunity fund from its first month. Its accountant agreed to prepare the required filings bu…
Late opportunity-fund self-certification was treated as timely after intervening health issues
A limited liability company was formed to invest in qualified opportunity zone property and operate as a qualified opportunity fund. A trust owned a redacted percentage of the company and was responsi…
Three elections were treated as timely after an adviser failed to file the extension
A foreign corporation hired a tax adviser to file an extension and prepare its federal return. The adviser sent the corporation a copy of Form 7004 and indicated that it had been filed, but an interna…
Foreign entity received 120 days to make a late disregarded-entity election
A foreign eligible entity intended to be treated as disregarded from its owner for federal tax purposes but did not timely file Form 8832. It requested discretionary relief under the regulatory electi…
Foreign entity received an extension for a late disregarded-entity election
A foreign eligible entity wanted to be treated as disregarded from its owner for federal tax purposes but failed to file Form 8832 on time. It asked the IRS for discretionary relief under the rules fo…
LLC received 120 days to make a late disregarded-entity election
A limited liability company had previously elected to be taxed as a corporation. It later intended to change its classification and become disregarded from its owner for federal tax purposes, but it i…
LLC received an extension to change to disregarded-entity status
A limited liability company had elected corporate tax treatment and later intended to become disregarded from its owner. It inadvertently missed the deadline to file the required Form 8832 for the cha…
Late disregarded-entity election received a 120-day extension
A limited liability company had elected to be taxed as a corporation and later intended to change to disregarded-entity treatment. It inadvertently did not file Form 8832 by the deadline for the inten…
LLC was allowed to file a late disregarded-entity election
A limited liability company had chosen corporate tax status and later intended to elect disregarded-entity treatment. It inadvertently missed the Form 8832 filing deadline for the desired effective da…
Corporate-classified LLC received more time to elect disregarded status
A limited liability company had elected to be classified as a corporation for federal tax purposes. It later intended to become disregarded from its owner but inadvertently failed to make the Form 883…
LLC received 120 days to elect disregarded-entity treatment
A limited liability company had elected to be treated as a corporation and later planned to change to disregarded-entity status. The company inadvertently did not file the classification election by t…
Opportunity fund's late Form 8996 was treated as timely after adviser oversight
A partnership-taxed limited liability company was formed to operate as a qualified opportunity fund. Its accounting firm was responsible for filing an extension, the partnership return, and Form 8996,…
Taxpayer received 60 days to file an omitted success-fee safe-harbor election
A corporate group paid contingent fees for services related to a merger acquisition. Its tax return applied the Revenue Procedure 2011-29 safe harbor by deducting 70 percent of the success-based fees …
Estate received more time to elect QTIP treatment for two marital trusts
An estate timely filed Form 706 after both the decedent and surviving spouse had died, but the return omitted two marital trusts from Schedule M and did not make qualified terminable interest property…
Parties received more time to make a section 336(e) election
An individual, acting through a disregarded trust, acquired all the stock of an S corporation from its shareholder. The parties intended to treat the stock sale as an asset sale under section 336(e), …
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.