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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Partnership received 120 days to make a late section 754 election
A limited liability company treated as a partnership failed to make a timely section 754 election for the year in which an owner died. The partnership represented that it acted reasonably and in good …
Opportunity fund received more time to file its self-certification
A limited liability company intended to operate as a qualified opportunity fund and received capital-gain contributions during its first year. Its partnership representative believed no partnership re…
Late opportunity-fund self-certification was treated as timely
A partnership formed to invest in qualified opportunity-zone property knew it needed to file Form 8996 for its first year and hired advisers to handle the filing. An administrative oversight among the…
Foreign entity received more time to elect disregarded status
A foreign entity represented that it was eligible to be disregarded as separate from its owner for federal tax purposes but failed to file Form 8832 on time. The IRS concluded that the requirements fo…
Foreign entity received 120 days to elect disregarded status
A foreign entity represented that it was eligible to be treated as disregarded from its owner but failed to file Form 8832 by the deadline. The IRS concluded that the requirements for regulatory filin…
Foreign entity received 120 days to elect disregarded status
A foreign entity represented that it was eligible to be treated as disregarded from its owner but failed to file Form 8832 by the deadline. The IRS concluded that the requirements for regulatory filin…
LLC received more time to elect disregarded status after an ownership change
A limited liability company had elected S corporation status and was therefore treated as an association taxable as a corporation. A new owner later acquired all of the company's outstanding interests…
LLC received more time to elect disregarded status after an ownership change
A limited liability company had elected S corporation status and was therefore treated as an association taxable as a corporation. A new owner later acquired all of the company's outstanding interests…
LLC could change classification after new ownership and file a late election
A limited liability company had elected S corporation status and was therefore treated as an association taxable as a corporation. Before 60 months had passed, a new owner acquired all of the company'…
Corporation received 60 days to make a section 59(e) election
A corporation serving the energy industry failed to timely elect under section 59(e) to amortize qualified expenditures for a fiscal year. The election can apply to research and experimental expenditu…
Estate received 120 days to make a portability election
An estate represented that it was not otherwise required to file Form 706 but had failed to timely file the return needed to transfer the decedent's unused estate and gift tax exclusion to the survivi…
Parties received more time to make a section 336(e) election
Purchasers acquired more than 80 percent of an S corporation's stock, and the parties intended to treat the stock sale as an asset sale under section 336(e). They did not timely enter the required wri…
Late opportunity-fund self-certification was treated as timely
A partnership was formed to invest in qualified opportunity-zone property, but its accounting firm misunderstood when the entity and initial contributions had been created. Because of that misundersta…
Estate received more time to allocate the wife's GST exemption
A husband transferred property to an irrevocable trust for the couple's children, and the spouses elected to treat the gift as made one-half by each of them. Their tax preparer knew they intended to a…
Husband received more time to allocate GST exemption to trust transfers
A husband transferred property to an irrevocable trust for the couple's children, and the spouses elected to treat the first-year gift as made one-half by each of them. Their tax preparer knew they in…
Late opportunity-fund self-certification was treated as timely
A partnership formed to invest in qualified opportunity-zone property hired an accounting firm to prepare and file the returns and elections needed for qualified-opportunity-fund treatment. The firm k…
Late average-income housing elections allowed
The owner of a multi-building housing project intended to choose the average-income minimum set-aside for the low-income housing credit. Contemporaneous documents showed that intent, but the owner ina…
More time granted to file duplicate accounting-method form
A parent corporation's accounting firm prepared a Form 3115 for two subsidiaries to change their accounting methods under section 263A. The firm timely filed the consolidated return with the original …
Estate received more time to elect portability
An estate was not otherwise required to file an estate tax return because of the value of the decedent's gross estate and taxable gifts. It nevertheless needed to file Form 706 to elect portability, w…
Late GILTI high-tax exclusion election allowed
A domestic parent and its consolidated group intended to make a retroactive GILTI high-tax exclusion election for their controlled foreign corporation group. The tax department and its accounting firm…
Late election to treat stock sale as asset sale allowed
A purchaser acquired all the shares of an S corporation, which later converted into a limited liability company disregarded for federal tax purposes. The parties intended to elect under section 336(e)…
Late accounting-method change request denied
A taxpayer's accounting firm prepared a Form 3115 to change the accounting method of a disregarded subsidiary under section 263A. Shortly before the return deadline, the manager handling the return re…
Late tax-exempt controlled entity election allowed
A corporation wholly owned by a nonprofit held an indirect interest in a partnership that developed low-income housing. The partnership agreement showed that the corporation always intended to elect u…
Late partnership classification election allowed
A foreign private company represented that it was an eligible entity that could elect partnership classification for U.S. federal tax purposes. It inadvertently failed to file Form 8832 on time for th…
Incomplete accounting-method application could be corrected
A consolidated group acquired several engineering and architectural services companies that had used the cash method as qualified personal service corporations. Its accounting firm advised changing th…
Partnership received more time to change its tax year
A partnership used a calendar tax year because its tax firm mistakenly believed the majority-interest partner also used a calendar year. After learning that the majority partner used a different year-…
Late taxable REIT subsidiary election received a 90-day extension
A taxpayer planning to elect real estate investment trust status and its wholly owned subsidiary intended to elect jointly for the subsidiary to be treated as a taxable REIT subsidiary. Their fund's c…
Consolidated group received 75 days to make a late CNOL carryback waiver
The common parent of a consolidated group failed to make a valid election to give up the entire carryback period for a consolidated net operating loss. The group represented that it had not carried an…
IC-DISC received 90 days to file its late election
A newly formed domestic corporation intended to elect interest charge domestic international sales corporation status for its first tax year. Its tax consultant prepared Form 4876-A and delivered it t…
Late-filed qualified opportunity fund self-certification treated as timely
A partnership was formed to qualify as a qualified opportunity fund and invest indirectly in qualified opportunity zone property. Its managing member hired a law firm to form the entity but mistakenly…
Target company received 60 days to make a late success-fee safe-harbor election
A privately held corporation was acquired through a taxable stock purchase and paid a financial adviser's contingent fee after the merger closed. Revenue Procedure 2011-29 offers a safe harbor that tr…
Opportunity fund received 60 days after its Form 8996 was filed with the wrong entity
A partnership was formed to operate as a qualified opportunity fund and received capital from multiple investors in its first year. Its accounting firm prepared returns for the partnership and another…
Late qualified opportunity fund self-certification treated as timely
A partnership was organized to operate as a qualified opportunity fund and invest in qualified opportunity zone property. It relied on an accountant to prepare and file its first Form 1065 and Form 89…
Partnership received 60 days to opt out of bonus depreciation for 15-year property
A partnership wanted to preserve eligibility for a federal tax credit by declining additional first-year depreciation on all qualified property placed in service during a tax year. Its return preparer…
Limited partnership received 120 days to make a late corporate classification election
A limited partnership intended to elect treatment as an association taxable as a corporation but did not timely file Form 8832. It represented that it acted reasonably and in good faith and that late …
Late accounting-method change forms did not qualify for an extension
An S corporation intended to make two automatic accounting-method changes involving sections 263A and 472. Its return preparer did not timely file the return or the original and signed duplicate Forms…
Late qualified opportunity fund election treated as timely
A partnership was formed to invest in qualified opportunity zone property and serve as a qualified opportunity fund. Its members relied on an accountant to prepare the first Form 1065 and attach Form …
Real estate partnership received 60 days to make a late section 163(j) election
A partnership owning and operating a real estate project intended to elect out of the section 163(j) business-interest limitation as an electing real property trade or business. Its operating agreemen…
Partnership received 120 days to make a late section 754 election
A general partnership failed to file a section 754 election for the year in which one of its partners died. The election allows partnership-property basis adjustments after certain distributions or tr…
Extension granted to request revised nuclear decommissioning fund schedules
A corporation owned interests in two nuclear power plants and maintained qualified nuclear decommissioning funds under section 468A. After the Nuclear Regulatory Commission extended both plants' opera…
Extension granted for nuclear decommissioning fund schedule request
A corporation owned an interest in a nuclear power plant and maintained a qualified nuclear decommissioning fund under section 468A. When the Nuclear Regulatory Commission extended the plant's operati…
Extension granted for late entity classification election
An eligible domestic entity intended to elect corporate tax treatment but inadvertently failed to file Form 8832 on time. It asked the IRS for an extension under Treasury Regulations sections 301.9100…
Extension granted for late section 336(e) election
An individual purchased all the stock of an S corporation, and the parties intended to treat the transaction as an asset sale under section 336(e). They did not timely enter the required written agree…
Extension granted to complete IC-DISC election
A newly formed domestic corporation intended to elect interest charge domestic international sales corporation status for its first tax year. Its president timely filed Form 4876-A but signed only as …
Extension granted for late section 754 election
A partnership failed to make a timely section 754 election for the year in which a new partner purchased an interest from existing partners. It represented that the failure was inadvertent, that it ac…
Extension granted for foreign entity's disregarded status election
A foreign eligible entity intended to be treated as disregarded from its owner for U.S. federal tax purposes but did not timely file Form 8832. The IRS found that the entity satisfied the standards fo…
Extension granted to correct missing IC-DISC shareholder signature
A domestic corporation timely filed Form 4876-A to elect IC-DISC treatment but omitted one shareholder's consent signature. The corporation believed the election was effective and consistently filed I…
Early BBA election is optional for pre-2018 partnership years
Chief Counsel advised that a partnership is not required to elect into the BBA audit regime for a tax year beginning after November 2, 2015, and before January 1, 2018. A partnership may elect in if i…
Housing project receives extra time to start its credit period
The owner of a single-building housing project intended to begin its low-income housing credit period in the year the building was placed in service, but it failed to make the required election on tim…
Estate receives extra time to allocate GST exemption
An executor hired the decedent's regular tax professional to prepare an estate tax return, but the professional failed to file it on time. As a result, the estate did not timely allocate the decedent'…
Partnership may make a late bonus depreciation election
A partnership allocated bonus depreciation to a new partner for a section 743(b) basis adjustment, although the new partner did not intend to claim it. The partnership misunderstood that it could sepa…
Partnership receives extra time for opportunity-zone deferral election
A partnership invested distributive shares of capital gains in a qualified opportunity fund within 180 days after the gain partnerships' return due date. Its tax adviser mistakenly concluded that the …
Foreign company may make a late partnership election
A foreign private limited company intended to be classified as a partnership for federal tax purposes but did not timely file Form 8832. The IRS found that the company met the standards for discretion…
Late section 382 value-restoration election allowed
A corporate parent and another member of its controlled group missed the deadline to elect to restore value reduced under the section 382 controlled-group rules. The election affects how the value use…
Late qualified opportunity fund certification accepted
A multi-member limited liability company formed to invest in qualified opportunity zones filed Form 8996 late with its partnership return. Its longtime accountant mistakenly believed the company was a…
Late S corporation year-splitting election allowed
Two shareholders transferred a substantial portion of an S corporation's stock to two trusts during the corporation's tax year. The corporation intended to elect under Treas. Reg. § 1.1368-1(g)(2) to …
Late foreign disregarded-entity election allowed
A foreign eligible entity intended from formation to be treated as disregarded from its single owner for U.S. federal tax purposes. Its owner consistently reported the entity's tax items, but no timel…
Foreign entity gets late disregarded status election
A foreign eligible entity intended to elect disregarded-entity treatment from its formation date, and its owner reported all of the entity's tax items on the owner's returns from that date. Because no…
Early change to disregarded status permitted
A limited liability company had elected S corporation status, which caused it to be classified as an association taxable as a corporation. A new owner later acquired more than half of the company and …
Late election to amortize research costs allowed
A corporation that develops and sells software tools failed to timely elect under section 59(e) for a fiscal year. That election allows qualifying research and experimental expenditures otherwise dedu…
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.