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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9100 extension for four foreign entities to make late check-the-box elections to be disregarded (301.7701-3)
Four related foreign entities meant to be treated as "disregarded entities" for US tax purposes, meaning the IRS looks through them to their single owner instead of taxing them separately. To get that…
9100 extension to make a late QSub election for a subsidiary (1361(b)(3))
An S corporation (X) owns 100 percent of another corporation (Sub) and wanted to treat Sub as a "qualified subchapter S subsidiary," or QSub. A QSub is ignored as a separate corporation, so its assets…
9100 extension for a former REIT subsidiary to make a late disregarded-entity election (301.7701-3)
A limited liability company (X) started life as a disregarded entity, then filed Form 8832 to be taxed as a corporation, which made it a Qualified REIT Subsidiary (QRS) of a real estate investment tru…
9100 relief to make a late check-the-box election to be taxed as a corporation
An entity meant to be taxed as a corporation, but it missed the deadline to file the paperwork. The entity started as a corporation under state law, later converted to an LLC, and intended to keep bei…
Late S-corporation election and late QSub election relief
An LLC wanted to be taxed as an S corporation, and it wanted a subsidiary LLC treated as a qualified subchapter S subsidiary (a "QSub," a wholly-owned corporation folded into the parent's tax return).…
9100 relief for a late section 754 partnership basis-adjustment election
A partnership (an LLC taxed as a partnership) forgot to make a Section 754 election. That election lets a partnership adjust the tax basis of its assets when a partner's interest changes hands or prop…
9100 extension to make a late estate-tax portability election under 2010(c)(5)(A)
When one spouse dies, the survivor can inherit any unused portion of the deceased spouse's estate-tax exemption, the "deceased spousal unused exclusion" (DSUE). But that only happens if the deceased s…
9100 extension to make a late election to file a consolidated return (1.1502-75)
A corporate parent and its affiliated group of subsidiaries were eligible to file one combined ("consolidated") federal income tax return for a given year, but they missed the deadline to make that el…
9100 extension to file a late section 336(e) election on an S-corp stock sale
Buyers acquired more than 80% of the stock of an S corporation from its shareholders. The parties wanted the deal treated for tax purposes as a sale of the company's assets rather than its stock, whic…
120-day extension to make a late check-the-box election for a foreign entity to be disregarded
A foreign business entity wanted to be treated for US tax purposes as "disregarded," meaning its single owner reports its income directly instead of the entity being taxed as a separate corporation. T…
Extension granted to make a late section 336(e) election on an S corporation stock sale
An individual bought all the stock of an S corporation from its shareholder. The buyer and seller wanted to treat that stock sale as if the company had sold its assets, using a section 336(e) election…
120-day extension to make a late section 754 election after a partner died
A limited partnership had a partner die. When a partnership interest transfers (including at death), a section 754 election lets the partnership adjust the tax basis of its property so the new owner's…
120-day extension to make a late check-the-box election to be taxed as a corporation
A domestic limited liability company wanted to be taxed as a corporation for federal tax purposes. To do that, it had to file Form 8832 (the check-the-box election), but it never filed it. Without the…
120-day extension to make QTIP and reverse-QTIP elections after an accountant's Schedule M error
When a spouse dies leaving property in a marital trust, the estate can elect "qualified terminable interest property" (QTIP) treatment under § 2056(b)(7) so the property qualifies for the estate-tax m…
Extra time granted to make a late section 336(e) election on a stock sale
An individual bought all the stock of an S corporation from its shareholder. A section 336(e) election lets a qualifying stock sale be treated as a sale of the company's assets for tax purposes, which…
Extra time granted to file late Forms 3115 for an inventory accounting-method change
A corporation that heads a consolidated group hired a CPA to change how it and its subsidiaries identify and allocate costs to inventory under Section 263A. That change requires filing Form 3115 (Appl…
Extra time granted to make a late real-property-trade-or-business election out of the 163(j) interest cap
Section 163(j) caps how much business interest a taxpayer can deduct, but a real property trade or business can elect out of that cap by making a 163(j)(7)(B) election (the trade-off is slower depreci…
Extra time granted to make a late real-property-trade-or-business election out of the 163(j) interest cap
Section 163(j) caps how much business interest a taxpayer can deduct, but a real property trade or business can elect out of that cap by making a 163(j)(7)(B) election (the trade-off is slower depreci…
Extra time granted for a foreign insurer's lost 953(d) election to be taxed as a U.S. corporation
A regulated insurance company organized in a foreign country, but wholly owned inside a U.S. corporate group, wanted to be treated as a domestic corporation for U.S. tax purposes by making an election…
60-day extension to make a late election opting out of bonus depreciation
A corporation that files a consolidated return for its group placed business property in service and, for tax-planning reasons, decided not to claim the extra "bonus" depreciation that § 168(k) normal…
60-day extension to file a late Form 8996 self-certifying as a Qualified Opportunity Fund
A company set up to be a Qualified Opportunity Fund (QOF), the investment vehicle that lets investors defer and reduce tax on capital gains put into economically distressed Opportunity Zones, missed t…
60-day extension to file a late Form 8996 self-certifying as a Qualified Opportunity Fund
A company formed to be a Qualified Opportunity Fund (QOF), the vehicle that lets investors defer and reduce capital-gains tax by investing in distressed Opportunity Zones, missed the deadline to certi…
60-day extension to make a late election not to be treated as a tax-exempt entity
An LLC wholly owned by a § 501(c)(3) charity was the managing member of a partnership that put a project into service. Because a tax-exempt owner sits at the top, property tied to the venture can be l…
120-day extension to file a late check-the-box election to be taxed as a corporation
A limited liability company wanted to be taxed as a corporation rather than under its default classification. Making that choice requires filing Form 8832, the "check-the-box" entity classification el…
120-day extension for two foreign entities to file late check-the-box elections
Two foreign entities became relevant for U.S. tax purposes and wanted to lock in their U.S. classifications: one to be treated as a partnership, the other to be disregarded (treated as part of its sin…
120-day extension to make a late estate-tax portability election
When a married person dies without using all of their federal estate-tax exemption, the surviving spouse can inherit the leftover amount, called the "deceased spousal unused exclusion" (DSUE), but onl…
Two LLCs that missed the deadline to elect corporate tax status get 120 more days to file Form 8832
Two limited liability companies wanted to be taxed as corporations instead of under the default rules that apply to an LLC. To make that choice, an eligible entity files Form 8832, the entity classifi…
Buyer and seller of an S corporation's stock get extra time to make a late section 336(e) election treating the sale as an asset sale
When someone buys the stock of an S corporation, a section 336(e) election lets the parties treat the deal as if the company sold its assets instead of its shares, which can give the buyer a stepped-u…
An LLC that never filed Form 8996 is allowed to self-certify late as a Qualified Opportunity Fund after its manager died
A Qualified Opportunity Fund (QOF) is an investment vehicle that lets investors defer and reduce tax on capital gains if they put the money into designated low-income "opportunity zones." To become a …
IRS grants 120 more days to make a late election passing the rehabilitation credit through to a tenant
A limited liability company that owns a rehabilitated building asked the IRS for extra time to make a tax election it had missed. Under the rehabilitation credit rules (Code section 47), the owner of …
120 days granted to make a late Section 754 basis-adjustment election after a partner's death
An LLC treated as a partnership for tax purposes had a partner die during the year. When a partner dies (or a partnership interest otherwise transfers), a Section 754 election lets the partnership adj…
Late Form 8996 accepted, letting an LLC self-certify as a Qualified Opportunity Fund
Two investors deferred capital gains by putting the money into an LLC they intended to run as a Qualified Opportunity Fund (QOF), the vehicle that lets taxpayers defer and reduce tax on gains invested…
LLC granted late relief to elect corporate status and be treated as an S corporation
An LLC wanted to be taxed as an S corporation, but it never filed the two elections that requires. An LLC first has to elect to be treated as a corporation (Form 8832), and then elect S corporation st…
60 days granted to make a late election letting a tax-exempt-controlled corporation use faster depreciation
A C corporation was owned by a parent partnership whose partners were more than half tax-exempt entities. That made the corporation a "tax-exempt controlled entity" under Section 168(h). Normally that…
Late Form 8996 accepted, letting an LLC self-certify as a Qualified Opportunity Fund
Two investors deferred capital gains by putting the money into an LLC they intended to run as a Qualified Opportunity Fund (QOF), the vehicle that lets taxpayers defer and reduce tax on gains invested…
120 days granted to make a late Section 754 basis-adjustment election, via an amended partnership return
An LLC taxed as a partnership meant to make a Section 754 election, which lets a partnership adjust the tax basis of its property when interests change hands or property is distributed, but it missed …
120 days granted to make a late Section 754 basis-adjustment election, via an amended partnership return
An LLC taxed as a partnership meant to make a Section 754 election, which lets a partnership adjust the tax basis of its property when interests change hands or property is distributed, but it missed …
75 days granted to make a late Section 362(e)(2)(C) election in a built-in-loss property transfer
A taxpayer transferred property to a corporation in a transaction meant to qualify as a tax-free Section 351 exchange. The catch: the property's total tax basis was higher than its fair market value, …
75 days granted to make a late Section 362(e)(2)(C) election in a built-in-loss property transfer
A taxpayer transferred property to a corporation in a transaction meant to qualify as a tax-free Section 351 exchange. The property's total tax basis was higher than its fair market value, so there wa…
75 days granted to make a late Section 382 closing-of-the-books election after an ownership change
A corporation with tax losses went through an "ownership change" under Section 382, which limits how much pre-change loss the company can use to offset income earned after the change. In the year of t…
75 days granted for a corporate group to make a late election to file a consolidated return
A parent company and its affiliated group of corporations wanted to file a single consolidated federal income tax return, with the parent as the common parent. A group makes that election, in effect, …
LLC granted late relief to elect corporate status and be treated as an S corporation
An LLC intended to be taxed as an S corporation from a specific date but never filed the required elections. An LLC first has to be treated as a corporation (Form 8832) and then elect S corporation st…
60 days granted to make a late Section 336(e) election treating an S corporation stock sale as an asset sale
Buyers purchased all the stock of an S corporation from its shareholder. The parties wanted the deal treated as if the corporation had sold its assets rather than as a stock sale, which can give the b…
120 days granted for a single-member LLC to make a late election to be taxed as a corporation
A single-owner LLC wanted to be treated as a corporation for federal tax purposes rather than as a disregarded entity (the default for a one-owner LLC). To do that, it has to file Form 8832, the entit…
120 days granted to a surviving spouse's estate to make a late QTIP election on a marital trust
When a married person dies, property left to the surviving spouse in a qualifying marital trust can escape estate tax if the estate makes a "qualified terminable interest property" (QTIP) election und…
120 days granted for an S corporation to make a late QSub election for a subsidiary
An S corporation that wholly owns another corporation can elect to treat that subsidiary as a "qualified subchapter S subsidiary" (QSub), which makes the subsidiary disappear for tax purposes so its i…
120 days granted for a foreign unlimited liability company to make a late election to be taxed as a corporation
A business entity formed outside the United States can choose how it is treated for U.S. federal tax purposes by filing Form 8832, the entity classification election. Here, a foreign "unlimited liabil…
120 days granted for an LLC to make a late election to be reclassified as a partnership after revoking its S election
An LLC had elected to be an S corporation, which under the classification rules also meant it was treated as a corporation for federal tax purposes. Later it revoked the S election and wanted to be tr…
9100-3 relief granting a late Form 1128 to adopt a 52-53 week taxable year after the advisor missed the deadline
To change or adopt a tax year, a taxpayer generally must file Form 1128 by the due date of the return for the first year affected. Here, a taxpayer wanted to adopt a 52-53 week fiscal year but its tax…
9100-3 relief, 120 days for a foreign eligible entity to file a late Form 8832 electing to be disregarded from its owner
Under the "check-the-box" rules, an eligible business entity can choose how it is taxed by filing Form 8832. A single-owner foreign entity can elect to be "disregarded," meaning it is ignored as separ…
9100-3 relief, 120 days for a non-filing estate to make a late portability election so the surviving spouse can use the DSUE amount
When someone dies without using up their full estate/gift tax exclusion, the leftover ("deceased spousal unused exclusion," or DSUE) can be passed to the surviving spouse, but only if the estate makes…
9100-3 relief, 60 days to file a late Form 8996 to self-certify as a Qualified Opportunity Fund
A Qualified Opportunity Fund (QOF) is an investment vehicle that gets special tax benefits for putting money into designated low-income "opportunity zones." To become a QOF, an entity must self-certif…
9100-3 relief, 120 days for a foreign entity to file a late Form 8832 electing to be taxed as a corporation
Under the "check-the-box" rules, an eligible business entity can choose how it is taxed by filing Form 8832. Here, a foreign entity had been treated as a partnership but, after 100% of its interests w…
9100-3 relief, 60 days for a late 168(h)(6)(F)(ii) election not to be treated as a tax-exempt controlled entity
When a tax-exempt organization owns property (directly or through certain entities), the depreciation rules are less favorable, using slower "alternative depreciation." A corporation that is at least …
Partnership gets 60 more days to self-certify as a qualified opportunity fund
A partnership formed to invest in qualified opportunity zone property intended to elect qualified opportunity fund status. Its accountant knew of that intent but failed to advise the partnership to fi…
Foreign entity gets 120 days to file a late check-the-box election
A foreign entity intended to be treated as disregarded from its single owner for U.S. federal tax purposes but did not timely file Form 8832. It asked the IRS for an extension under Treasury Regulatio…
Estate gets 120 days to make a late portability election
An estate was not otherwise required to file an estate tax return but needed Form 706 to transfer the decedent's unused estate and gift tax exclusion to the surviving spouse. The estate did not timely…
Foreign entity gets 120 days to make a late disregarded-entity election
A foreign entity intended to be treated as disregarded from its owner for U.S. federal tax purposes but inadvertently failed to timely file Form 8832. It requested an extension under Treasury Regulati…
IRS grants an LLC more time to elect corporate tax classification
An LLC intended to be taxed as a corporation from the date it was formed but inadvertently failed to file Form 8832 on time. The entity asked for relief under Treasury Regulation Section 301.9100-3, w…
IRS grants a late safe-harbor election for acquisition success fees
An S corporation incurred a success-based advisory fee through disregarded subsidiaries in a taxable business acquisition. Its original return preparer did not advise it to make the safe-harbor electi…
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.