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 obtained relief for a missing bonus depreciation election statement
A partnership decided not to claim additional first-year depreciation for any class of qualified property placed in service during a tax year. Its return preparer reflected that decision in the partne…
Late election relief preserved a partnership's bonus depreciation opt-out
A partnership intended to forgo additional first-year depreciation for all classes of qualified property placed in service during a tax year. The preparer computed taxable income to reflect that choic…
Partnership received an extension to elect out of bonus depreciation
A partnership planned to elect out of additional first-year depreciation for all classes of qualified property placed in service during a tax year. Its return preparer calculated the timely filed retu…
Missing statement did not prevent late bonus depreciation relief
A partnership wanted to elect out of the additional first-year depreciation deduction for every class of qualified property placed in service during a tax year. Its preparer reflected that choice in t…
Partnership gained 60 days to complete its depreciation election
A partnership intended to decline additional first-year depreciation for all classes of qualified property placed in service during a tax year. Although its preparer calculated the return to match tha…
Partnership could make its missed bonus depreciation election late
A partnership chose not to deduct additional first-year depreciation for all classes of qualified property placed in service during a tax year. The return preparer followed that choice when calculatin…
Three late opportunity fund self-certifications were treated as timely
A partnership was formed to operate as a qualified opportunity fund and told its longtime accountant of that intent. The accountant prepared three years of partnership returns but did not attach Form …
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 after one partner acquired portions of another partner's interest in two transactions. The partnership timely…
Foreign entity received 120 days to elect partnership classification
A foreign eligible entity wanted to be classified as a partnership for federal tax purposes from its formation date but did not timely file Form 8832. The IRS concluded that the entity met the require…
Corporate group received 75 days to make a late consolidated return election
A corporation was the common parent of an affiliated group but did not timely make the election to file a consolidated federal income tax return for the group. The parent showed that it reasonably rel…
Estate receives 120 days to make a late portability election
An estate that was not otherwise required to file an estate tax return failed to timely elect portability of the decedent's unused exclusion amount for the surviving spouse. Because the filing deadlin…
Seven foreign entities receive 120 days for late disregarded-entity elections
Seven foreign eligible entities failed to timely file Forms 8832 electing disregarded-entity status. Based solely on the submitted facts and representations, the IRS concluded that each entity met the…
Seven foreign entities receive 120 days for late disregarded-entity elections
Seven foreign eligible entities failed to timely file Forms 8832 electing disregarded-entity status. Based solely on the submitted facts and representations, the IRS concluded that each entity met the…
Seven foreign entities receive 120 days for late disregarded-entity elections
Seven foreign eligible entities failed to timely file Forms 8832 electing disregarded-entity status. Based solely on the submitted facts and representations, the IRS concluded that each entity met the…
Seven foreign entities receive 120 days for late disregarded-entity elections
Seven foreign eligible entities failed to timely file Forms 8832 electing disregarded-entity status. Based solely on the submitted facts and representations, the IRS concluded that each entity met the…
Seven foreign entities receive 120 days for late disregarded-entity elections
Seven foreign eligible entities failed to timely file Forms 8832 electing disregarded-entity status. Based solely on the submitted facts and representations, the IRS concluded that each entity met the…
Seven foreign entities receive 120 days for late disregarded-entity elections
Seven foreign eligible entities failed to timely file Forms 8832 electing disregarded-entity status. Based solely on the submitted facts and representations, the IRS concluded that each entity met the…
Seven foreign entities receive 120 days for late disregarded-entity elections
Seven foreign eligible entities failed to timely file Forms 8832 electing disregarded-entity status. Based solely on the submitted facts and representations, the IRS concluded that each entity met the…
Partnership receives 60 days to make a late QOF self-certification
A partnership formed to invest in qualified opportunity zone property did not file its first Form 1065 or the attached Form 8996 needed to self-certify as a qualified opportunity fund. Its members did…
Estate receives 120 days to make a late portability election
An estate that was not otherwise required to file an estate tax return failed to timely elect portability of the decedent's unused exclusion amount for the surviving spouse. Because the filing deadlin…
LLC receives relief for late corporate-classification and S corporation elections
An LLC intended to be classified as an association taxable as a corporation and to elect S corporation status from the same effective date, but it filed neither Form 8832 nor Form 2553. Based on the s…
Affiliated group receives 75 days for a late consolidated-return election
A corporate parent and its affiliated group failed to timely elect to file a consolidated federal income tax return. The request for relief was submitted before the IRS discovered the missed election,…
Taxpayer receives 120 days to elect out of automatic GST exemption allocations
A taxpayer created nine annuity trusts whose remainders passed to separate trusts for the taxpayer's children and descendants, and also made direct gifts to those children's trusts. The taxpayer and s…
Affiliated group receives 75 days for a late consolidated-return election
A corporate parent and its affiliated group failed to timely elect to file a consolidated federal income tax return. The request for relief was submitted before the IRS discovered the missed election,…
LLC receives 120 days for a late corporate-classification election
A limited liability company intended to be classified as an association taxable as a corporation from its requested effective date but failed to timely file Form 8832. Based solely on the submitted fa…
Foreign-owned LLC receives 120 days for a late corporate-classification election
A domestic LLC wholly owned by a foreign proprietary limited company intended to be classified as an association taxable as a corporation from its formation date. After converting between two states' …
Taxpayer receives 120 days to elect out of automatic GST exemption allocations
A taxpayer created five grantor retained annuity trusts whose remainders passed to separate trusts for the taxpayer's children, and also made direct gifts to those children's trusts. The taxpayer did …
Taxpayer receives 120 days to undo automatic GST exemption allocations
A married couple split gifts for federal gift-tax purposes involving nine irrevocable annuity trusts and separate trusts for their children. They intended not to allocate generation-skipping transfer …
Five partnerships receive 120 days for late section 754 elections
An upper-tier partnership and four lower-tier partnerships inadvertently failed to make section 754 elections for a tax year in which a partner died. A second partner died in a later year. Section 754…
Foreign entity receives 120 days for late disregarded-entity election
A foreign eligible entity intended to be treated as disregarded from its owner for federal tax purposes but failed to file Form 8832 on time. It asked for relief under the regulatory-election extensio…
LLC receives 120 days for late corporate-classification election
A domestic limited liability company intended to elect association status so it would be taxed as a corporation from a specified date. It inadvertently failed to file Form 8832 on time. The company re…
Taxpayer receives 120 days to elect out of automatic GST allocation
A taxpayer created an irrevocable trust for family members, including the taxpayer's and spouse's children. The trust had generation-skipping transfer potential, so the automatic-allocation rules appl…
Entity receives late corporate and S corporation election relief
A domestic multi-member eligible entity intended to be treated as an S corporation from the date it was formed. It did not timely file either Form 8832 to elect association status or Form 2553 to elec…
Partnership receives 120 days for late section 754 election
A partnership timely filed its return for the year in which one of its partners died but omitted a section 754 election. That election would allow a basis adjustment to partnership property following …
IRS grants 120 extra days to make a late QSub election for a subsidiary the taxpayer forgot to elect
An S corporation (X) acquired a chain of companies. One of them (Sub 1) was itself an S corporation that owned a lower-tier company (Sub 2) treated as a qualified subchapter S subsidiary, or QSub. Whe…
IRS denies a late mark-to-market (section 475(f)) election because the trader relied on hindsight
An individual who traded securities wanted to make a "mark-to-market" election under section 475(f)(1). That election lets a qualifying trader treat gains and losses as ordinary and value positions at…
IRS grants 60 days to file three years of late Forms 8996 self-certifying an LLC as a Qualified Opportunity Fund
An LLC taxed as a partnership was formed to be a Qualified Opportunity Fund (QOF), the vehicle used to invest capital gains in designated opportunity zones for tax benefits. To be a QOF, the entity ha…
IRS grants 120 extra days to make a late QSub election for a wholly-owned subsidiary
An S corporation (X) owned all of the stock of a subsidiary (Sub) and meant to elect to treat Sub as a qualified subchapter S subsidiary, or QSub, as soon as X became an S corporation. A QSub is not t…
Purchaser received more time to file section 338 elections
A U.S. corporate purchaser acquired more than 80 percent of a foreign target and was treated as acquiring the target's foreign subsidiary, but valid section 338(g) elections were not filed on time. Th…
Parent received more time to file a section 338 election
A consolidated group's parent intended to make a section 338(g) election after a member acquired all the stock of an unrelated foreign target, but a valid election was not filed by the deadline. The p…
Qualified opportunity fund received 60 days to file Form 8996
A partnership formed to invest in qualified opportunity zone property failed to file its first return, extension request, and Form 8996 on time. Its adviser contacted an accounting firm on the filing …
Late qualified opportunity fund certifications accepted for two years
A limited partnership formed to invest in qualified opportunity zone property hired a long-time tax adviser to prepare its first two federal returns and the forms needed to self-certify as a qualified…
Amended Form 8996 treated as timely for a qualified opportunity fund
A partnership formed to invest in qualified opportunity zone property intended to self-certify as a qualified opportunity fund, but its return preparer did not attach Form 8996 to the first-year retur…
Late qualified opportunity fund certifications accepted for three years
A partnership that owned an interest in real property located in an opportunity zone failed to complete its Form 8996 self-certifications for several years. After a manager hired a certified public ac…
Late taxable REIT subsidiary election treated as effective
A publicly traded REIT and its foreign corporate subsidiary intended to file Form 8875 so the subsidiary would be treated as a taxable REIT subsidiary from its formation date. The REIT's tax departmen…
LLC received 120 days to file a late corporate classification election
A single-owner limited liability company intended to be classified as an association taxable as a corporation from its formation date. Its default federal classification was a disregarded entity, but …
Late success-fee safe-harbor election denied after audit disallowance
A corporation paid an investment bank a success-based fee in connection with its acquisition and chose not to use Revenue Procedure 2011-29's safe harbor, which would have allowed a 70 percent deducti…
Late REMIC election treated as timely
A trust intended one segregated mortgage asset pool to elect real estate mortgage investment conduit status as part of a tiered REMIC structure. Its administrator timely filed the elections for the ot…
LLC gets 120 days to file late corporate classification election
A domestic limited liability company intended to be classified as an association taxable as a corporation from a redacted effective date. It failed to file Form 8832 on time because of inadvertence bu…
Estate gets 120 days to make late portability election
An estate below the normal estate-tax filing threshold failed to file Form 706 on time to transfer the deceased spouse's unused exclusion amount to the surviving spouse. Because the estate represented…
Partnership gets 60 days to opt out of bonus depreciation
A partnership claimed 100 percent bonus depreciation on five-year and seven-year property placed in service during a redacted tax year. After filing its return, the partnership and its return preparer…
IRS grants 90 more days to file a late IC-DISC election that was never recorded
A company was formed to operate as an interest charge domestic international sales corporation (IC-DISC), a special export-incentive entity that earns commissions on a related business's export sales …
IRS grants extra time to file a late section 336(e) election on an S corporation stock sale
A partnership bought all the stock of an S corporation from its shareholders. The buyers and sellers wanted the deal treated for tax purposes as if the company had sold its assets rather than its stoc…
IRS grants extra time to make a late section 754 partnership basis-adjustment election after a partner died
A general partnership had a partner who died owning roughly a certain percentage of the firm. When a partnership interest changes hands (including on a partner's death), a "section 754 election" lets …
IRS grants 60 more days to file a missed safe-harbor election for success-based deal fees
A corporation that heads a consolidated group made an acquisition and paid its advisers "success-based fees," fees owed only if the deal closed. Tax rules presume such fees must be capitalized (spread…
IRS grants 60 more days to file a missed safe-harbor election for success-based deal fees
A corporation that heads a consolidated group made an acquisition and paid an adviser "success-based fees," fees owed only if the deal closed. Tax rules presume such fees must be capitalized (spread o…
9100 relief to file a late section 336(e) election treating an S-corp stock sale as an asset sale
An individual bought all the stock of an S corporation from its shareholders. The buyer and sellers wanted the stock purchase treated as if the company had sold its assets, an option the tax law allow…
9100 relief to make a late election out of bonus depreciation after the preparer forgot to attach the statement
A partnership (an LLC filing Form 1065) decided to elect out of bonus depreciation, the extra first-year write-off that section 168(k) otherwise allows, for all classes of qualified property it placed…
9100 relief to file a late section 754 election after a partnership interest sale
A partnership (an LLC taxed as a partnership) had part of its ownership sold to a new partner. When a partnership interest changes hands, the partnership can make a section 754 election so the buyer's…
IRS grants a late-filing extension for a fund to self-certify as a Qualified Opportunity Fund
An LLC taxed as a partnership was formed specifically to be a Qualified Opportunity Fund (QOF), the vehicle that lets investors defer and reduce capital-gains tax by investing in designated low-income…
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.