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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IRS rules a foreign-government-owned fund entity with two owners is not forced to be a corporation under the check-the-box foreign-government rule
A foreign government's global investment company (a sovereign-wealth-style structure) set up a new global credit fund through a chain of foreign subsidiaries. One of the fund entities is owned by two …
IRS grants a tax-exempt-owned LLC late elections to be taxed as a corporation and to opt out of tax-exempt controlled entity status
An LLC owned entirely by four Section 501(c)(3) tax-exempt organizations missed two related tax elections it needed for a building-rehabilitation investment. First, it was supposed to elect (on Form 8…
9100 extension to make a late check-the-box election for an LLC to be a disregarded entity (7701-3)
A limited liability company had elected to be taxed as a corporation. Its sole owner later became an S corporation and elected to treat the LLC as a qualified subchapter S subsidiary (QSub), a wholly …
IRS grants four foreign entities 120 days to make late classification elections
Four foreign eligible entities intended to elect to be disregarded as separate from their owners for U.S. federal tax purposes when their classifications first became relevant. Each entity failed to f…
LLC receives 120 days to file a late corporate classification election
A limited liability company intended from its formation date to be classified as an association taxable as a corporation for federal tax purposes. It failed to timely file Form 8832 making that electi…
Foreign entity receives 120-day extension for a late disregarded-entity election
A foreign eligible entity failed to file Form 8832 to elect treatment as an entity disregarded from its owner for federal tax purposes. It requested more time under the regulatory relief rules for mis…
LLC receives 120 days to make late corporate classification election
A domestic limited liability company intended to elect treatment as an association taxable as a corporation but failed to file Form 8832 on time. The IRS concluded that the company satisfied the stand…
Mortgage certificate exchange interests qualify as stripped bonds and preserve fixed-trust status
A mortgage-securities sponsor proposed supplemental exchange trusts that accept one class of REMIC or grantor-trust certificates and issue multiple exchange-certificate classes with different principa…
Foreign entity receives 120 days for late partnership classification election
A foreign eligible entity intended to be classified as a partnership and filed its federal returns consistently with that treatment, but it did not timely file Form 8832. The IRS concluded that the en…
Four foreign entities receive late disregarded-entity election relief
A domestic corporation acquired a foreign parent and later discovered that three of the parent's foreign subsidiaries had defaulted to corporate classification, although the parties and their advisers…
Foreign entity receives 120 days for late corporate classification election
A foreign eligible entity intended to elect treatment as an association taxable as a corporation but failed to file Form 8832 on time. The IRS concluded that the entity acted reasonably and in good fa…
Foreign entity receives 120 days for late corporate classification election
A foreign eligible entity intended to elect treatment as an association taxable as a corporation but failed to file Form 8832 on time. The IRS concluded that the entity acted reasonably and in good fa…
Foreign entity receives 120 days for late corporate classification election
A foreign eligible entity intended to elect treatment as an association taxable as a corporation but failed to file Form 8832 on time. The IRS concluded that the entity acted reasonably and in good fa…
120-day relief for two late elections tied to a tax-exempt-owned low-income housing entity
When property is used by a tax-exempt entity, special "tax-exempt use property" rules force the owner to depreciate it slowly under the alternative depreciation system, which shrinks the deductions. H…
LLC receives relief for late corporate and S corporation elections
A limited liability company intended to be classified as a corporation and treated as an S corporation from the same effective date. It failed to file Form 2553, which could have produced a deemed cor…
LLC receives extension for late corporate classification election
A limited liability company intended to be classified as an association taxable as a corporation but failed to file Form 8832 by the deadline. The IRS concluded that the company satisfied the regulato…
Foreign entities received late disregarded-entity election relief
Two foreign eligible entities intended to be treated as disregarded entities from their respective formation dates but did not timely file Form 8832. The IRS found that the entities met the standards …
Foreign entity received late corporate-classification relief
A foreign eligible entity intended to be classified as an association taxable as a corporation from its formation date but did not properly file Form 8832. The IRS found that the entity met the standa…
LLC receives 120 days to elect corporate tax classification
A domestic limited liability company intended to be classified as an association taxable as a corporation from a specified date but failed to timely file Form 8832. The company represented that it had…
Foreign entity receives more time to elect partnership status
A foreign eligible entity failed to timely file Form 8832 to elect partnership classification for U.S. federal tax purposes. The IRS found that the requirements for discretionary filing relief under T…
LLC receives more time for corporate classification and S election
A limited liability company intended to be treated as an S corporation but did not timely file either Form 2553 or a separate Form 8832 for corporate classification. The IRS found that the entity sati…
Foreign entities receive late classification-election relief
Two foreign eligible entities failed to timely file Form 8832 classification elections. One sought partnership status and the other sought treatment as an entity disregarded from its owner, both effec…
Foreign entity receives late disregarded-entity election relief
A foreign eligible entity intended to be classified as an entity disregarded from its owner but did not timely file Form 8832. The entity and its owner had filed tax returns consistently with the requ…
Foreign entity receives late disregarded-entity election relief
A foreign eligible entity intended to be classified as an entity disregarded from its owner but did not timely file Form 8832. The entity and its owner had filed tax returns consistently with the requ…
Late corporate classification election approved
A state corporation with an S election converted to a limited liability company and intended to remain classified as a corporation for federal tax purposes. It did not timely file Form 8832 to elect a…
Fifteen foreign entities received late check-the-box election relief
A foreign investment fund wholly or partly owned fifteen foreign eligible entities. The fund intended each entity to elect partnership or disregarded-entity status from its formation or acquisition da…
Five foreign entities received late classification election relief
Five foreign eligible entities failed to timely file Forms 8832 for their intended federal tax classifications. One entity sought partnership treatment, while the other four sought disregarded-entity …
LLC received more time to elect corporate tax classification
A domestic limited liability company intended from formation to be classified as an association taxable as a corporation. It did not timely file Form 8832 to make that election. The company represente…
Foreign entity received 120 days to file a late corporate classification election
A foreign eligible entity intended to elect corporate tax classification but failed to file Form 8832 on time. It asked the IRS for discretionary relief under the regulatory election rules. The IRS co…
120-day relief for an LLC to make late corporate-classification and S corporation elections
An LLC is not a corporation by default, so to be taxed as an S corporation it must both elect to be classified as a corporation and elect S status. Here an LLC intended to be an S corporation as of a …
120-day extension to fix the effective date of an LLC's corporate-classification election
An LLC can choose to be taxed as a corporation by filing Form 8832, and it specifies on the form the date the election takes effect. Here an LLC wanted its corporate classification to be effective as …
120-day extension for three foreign entities to file late disregarded-entity elections
A single-owner foreign business entity can elect to be "disregarded" for U.S. tax purposes (treated as part of its owner) by filing Form 8832 on time. Here three related foreign entities, each organiz…
120-day relief for two late elections tied to a tax-exempt-owned low-income housing entity
When property is used by a tax-exempt entity, special "tax-exempt use property" rules force the owner to depreciate it slowly under the alternative depreciation system, which reduces deductions. Here …
120-day extension for a foreign entity to file a late disregarded-entity election
A foreign business entity with a single owner can choose to be "disregarded" for U.S. tax purposes (treated as part of its owner rather than a separate taxpayer) by filing Form 8832, but the election …
Bankruptcy trust remained a liquidating trust despite a further extension
A trust created under a Chapter 11 reorganization plan had received several court-approved term extensions because litigation remained unresolved. The trust's agreement limits its activities to liquid…
Entity may change classification within the 60-month limit
A single-owner limited liability company previously elected corporate classification, which ordinarily prevents another classification election for 60 months. A new owner later acquired all shares of …
LLC received extra time to elect corporate classification
A limited liability company intended to be classified as an association taxable as a corporation from the date it was formed. It did not timely file Form 8832 to make that entity-classification electi…
Foreign entity received extra time to elect partnership status
A foreign entity intended to be classified as a partnership for U.S. federal tax purposes from its formation date but inadvertently failed to file Form 8832 on time. The IRS found that the entity met …
LLC receives 120 days to file a late disregarded-entity election
A limited liability company intended to elect disregarded-entity status for federal tax purposes but did not timely file Form 8832. The company and its owner had filed tax returns consistent with that…
Bankruptcy liquidating trust keeps its tax classification after another extension
A liquidating trust was created under a Chapter 11 plan to turn assets into cash and distribute the proceeds to beneficiaries. Unresolved litigation had already required several court-approved extensi…
Nine foreign entities receive 120 days for late disregarded-entity elections
Nine foreign eligible entities intended to be treated as disregarded entities for federal tax purposes from their respective formation or requested effective dates. Each failed to timely file Form 883…
Twenty-three foreign entities receive late disregarded-entity elections
Twenty-three foreign eligible entities were classified by default as associations taxable as corporations. Each intended to change to disregarded-entity status on the same effective date but failed to…
LLC may change classification within the 60-month limit
A limited liability company had elected to be taxed as a corporation and wanted to change to disregarded-entity status less than 60 months later. The entity-classification regulations generally preven…
Foreign entity received 120 more days to elect disregarded-entity status
A foreign single-owner eligible entity intended to elect treatment as disregarded from its owner for federal tax purposes but inadvertently failed to file Form 8832. The IRS concluded that the entity …
Bankruptcy liquidating trust kept trust status after a court-approved term extension
A Chapter 11 plan created a trust to pursue and settle litigation claims, liquidate assets, and distribute proceeds to claimants without continuing a trade or business. Unresolved legal claims made it…
Foreign joint-venture company remained eligible to elect its tax classification
A foreign private limited company was a single-owner eligible entity that had elected to be disregarded for U.S. federal tax purposes. A proposed joint venture would add direct and indirect owners, in…
LLC received 120 days to elect disregarded-entity status
A limited liability company had elected corporate tax treatment when it was formed. After a restructuring, it became eligible to elect treatment as an entity disregarded from its owner but did not tim…
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. The IRS concluded that the entity met the standards for late regulator…
Litigation-driven extension preserved liquidating-trust status
A liquidating trust was created under a Chapter 11 reorganization plan to convert assets to cash, resolve claims, and distribute proceeds, without operating a business. Unresolved litigation had preve…
Foreign entity received 120 days to elect partnership classification
A foreign eligible entity intended to be classified as a partnership and filed its federal tax reports consistently with that treatment, but inadvertently failed to file Form 8832. The IRS concluded t…
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 inadvertently failed to file Form 8832. The IRS concluded that the entity met the standards for late …
Foreign entity gets 120 more days to file a late "check-the-box" election to be a disregarded entity
A foreign business entity wanted to be treated as a "disregarded entity" for U.S. tax purposes, meaning it would be ignored as separate from its single owner (so the owner reports the entity's activit…
Foreign single-owner entity gets more time to elect disregarded-entity status
Under the "check-the-box" rules, an eligible business entity can choose how it is taxed by filing Form 8832. A foreign entity with a single owner can elect to be disregarded, meaning it is treated as …
Foreign single-owner entity gets more time to elect disregarded-entity status
Under the "check-the-box" rules, an eligible business entity can choose how it is taxed by filing Form 8832. A foreign entity with a single owner can elect to be disregarded, meaning it is treated as …
Foreign single-owner entity gets more time to elect disregarded-entity status
Under the "check-the-box" rules, an eligible business entity can choose how it is taxed by filing Form 8832. A foreign entity with a single owner can elect to be disregarded, meaning it is treated as …
Foreign entity gets extra time to elect disregarded-entity (check-the-box) status
A foreign business entity with a single owner wanted to be treated as a "disregarded entity" for U.S. federal tax purposes, meaning it is ignored as separate from its owner. To do that it had to file …
Supplemental ruling giving an entity a fresh 60 days for a late check-the-box election
This short letter supplements and modifies an earlier private letter ruling (PLR-110110-23, issued February 23, 2024). It updates the legend (the redacted list of defined terms) in that earlier ruling…
9100 relief for a foreign entity's late check-the-box election to be disregarded
A foreign entity wanted to be treated as a disregarded entity for US federal tax purposes, effective from the date it was formed. A disregarded entity is ignored as separate from its owner, so its inc…
9100 relief for late check-the-box elections by six foreign entities
A US partnership held, through a foreign corporation, interests in six foreign entities. Those entities wanted to choose how they are treated for US tax purposes: four as partnerships and two as disre…
9100 relief to file a late election treating a foreign entity as a corporation
A business entity can choose how it is taxed by "checking the box" on Form 8832, an election called an entity classification election. An eligible foreign entity can elect to be treated as an associat…
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.