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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Late REMIC elections for eight mortgage pools treated as timely
A sponsor established eight asset pools for a mortgage securitization program and intended each pool to elect real estate mortgage investment conduit status. The sponsor filed identification and infor…
REIT received 90 days to make a late taxable-subsidiary election
A real estate investment trust formed an indirect subsidiary to hold assets connected with a real estate portfolio acquisition. The governing agreement called for the subsidiary to be taxed as a corpo…
Fund's seven late first-year elections were treated as timely
A newly formed investment fund intended to make seven elections on its first regulated investment company return. The elections covered RIC status, deferral of late-year losses, post-year distribution…
IRS grants a late-filed REIT election under § 856(c) after the accounting firm missed the extension deadline
A limited liability company wanted to be taxed as a real estate investment trust (REIT), which requires making a formal election on a timely filed tax return. To elect as a REIT for its first year, th…
A publicly traded REIT's D&O insurance payouts are excluded from its income tests, so recovering litigation costs won't threaten REIT status
A publicly traded real estate investment trust (REIT) must keep its income mostly passive: at least 95% from listed sources like rents and interest, and at least 75% from real-estate sources. Income o…
A REIT's directors-and-officers insurance payouts are ignored for its income tests, so recovering litigation costs won't threaten REIT status
A real estate investment trust (REIT) has to keep most of its income "passive": at least 95% must come from listed sources like rents and interest, and at least 75% from real-estate sources. Income th…
IRS grants a REIT more time to elect taxable-REIT-subsidiary status after the IRS rejected an e-signed Form 8875
A corporation intending to be taxed as a real estate investment trust (REIT) formed an LLC subsidiary to handle timberland maintenance work that, if done by the REIT itself, could generate "impermissi…
A REIT's carbon-storage payments on its timberlands count as good REIT income under § 856(c)
A real estate investment trust (REIT) that owns timberlands signed a deal letting an unrelated company inject and permanently store captured carbon dioxide (CO2) in the pore space deep under the land.…
REIT gets more time to elect taxable-REIT-subsidiary treatment after a law firm dropped the ball
A real estate investment trust (REIT) and its wholly owned subsidiary wanted the subsidiary treated as a "taxable REIT subsidiary" (TRS), a taxable corporation a REIT can own to hold assets or earn in…
REIT gets more time to elect taxable-REIT-subsidiary treatment after a law firm dropped the ball
A real estate investment trust (REIT) and its wholly owned subsidiary wanted the subsidiary treated as a "taxable REIT subsidiary" (TRS), a taxable corporation a REIT can own to hold assets or earn in…
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…
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…
Independent retirement living facilities are not "health care facilities," so a REIT's TRS may run them and resident services keep the rents qualifying
A subsidiary of a real estate investment trust (REIT) owns age-restricted "independent retirement living" facilities and asked the IRS three related questions about the special REIT rules. REITs get f…
Independent retirement living facilities are not "health care facilities," so a REIT's TRS may run them and resident services keep the rents qualifying
A real estate investment trust (REIT) that invests in senior housing, post-acute communities, and outpatient medical properties asked the IRS the same three questions posed in a companion ruling (2023…
REIT receives 90 days to make a late taxable-subsidiary election
A real estate investment trust formed a subsidiary to lease and operate a hotel and intended to elect taxable REIT subsidiary status from the REIT conversion date. The election was missed because the …
The IRS rules a REIT's state brownfield redevelopment credits count as a good asset and as qualifying income
A company that will elect to be a real estate investment trust (REIT) is cleaning up and redeveloping a contaminated "brownfield" site to lease to unrelated tenants. Under a state cleanup program, its…
The IRS lets a company undo a REIT election it filed by mistake, and treats the amended return as if the REIT election was never made
A company that buys and leases single-family homes and manufactured homes planned to become a real estate investment trust (REIT) eventually, but only once it actually met the REIT qualification rules…
A REIT's office-building parking revenue counts as rents from real property, and storage areas, fitness centers, and building services do not create impermissible tenant service income
A publicly held real estate investment trust (REIT) that owns Class A office buildings asked the IRS to confirm that various tenant amenities would not jeopardize its rental income tests. REITs must e…
A REIT and hotel subsidiary received 90 days for a late TRS election
A company intended to elect REIT status and formed a wholly owned corporate subsidiary to lease a hotel and hire an eligible independent contractor to operate it. The parent and subsidiary intended th…
Marina floating docks are REIT real property, and related storage, insurance, and amenity income qualifies
A company that owns and operates marinas planned to elect to be taxed as a real estate investment trust (REIT). REITs must meet strict tests: most of their assets must be real estate, and most of thei…
A REIT's accounting-method adjustments are excluded from its income tests and treated as paid from E&P
A real estate investment trust (REIT) earns nearly all of its income through a partnership that owns communications towers and related real estate. The partnership discovered it had been depreciating …
Fund gets more time to file the forms for a deficiency dividend deduction after its accountant missed the filing
Two regulated investment companies (RICs, essentially mutual funds) run by the same management firm combined when one merged into the other in a tax-free reorganization, closing the absorbed fund's ta…
Fund gets more time to file the forms for a deficiency dividend deduction after its accountant missed the filing
Two regulated investment companies (RICs, essentially mutual funds) run by the same management firm combined when one merged into the other in a tax-free reorganization, closing the absorbed fund's ta…
IRS rules a REIT's senior independent-living facilities aren't health care facilities and the resident services won't taint its rents
A real estate investment trust (REIT) gets its favorable tax treatment only if almost all of its income is "good" REIT income, most importantly rents from real property, and if it does not directly ru…
A REIT's accounting-method-change income adjustment is not counted against its 95%/75% income tests
To qualify as a real estate investment trust (REIT), a company must earn most of its income from real-estate sources: at least 95% and 75% of gross income must come from the qualifying categories list…
A REIT's section 481(a) accounting-method-change adjustment is excluded from the REIT gross-income tests
A company that plans to elect to be taxed as a real estate investment trust (REIT) changed one of its accounting methods, capitalizing certain administrative and service costs tied to its properties i…
IRS grants a REIT 90 days to make a late taxable-REIT-subsidiary election after a mix-up over who would file Form 8875
A real estate investment trust (REIT) and its wholly owned subsidiary asked the IRS for extra time to jointly elect, under Section 856(l), to treat the subsidiary as a "taxable REIT subsidiary" (TRS).…
IRS rules a REIT's "coverage product" fee (a limited waiver of the landlord's liability shield) is rents from real property
A company that plans to elect real estate investment trust (REIT) status asked the IRS whether a particular monthly fee it collects from tenants counts as "rents from real property." REITs must earn m…
A REIT that botched a dividend-carryback election gets extra time to file deficiency-dividend forms and fix its distribution shortfall
A real estate investment trust (REIT) must distribute at least 90% of its taxable income each year to keep its favorable tax status. This REIT expected an unusually large gain and planned to use a sec…
Late relief to make a taxable REIT subsidiary election after a Form 8875 signature was missing
A real estate investment trust (REIT) and a related corporation can jointly elect to treat the corporation as a "taxable REIT subsidiary" (TRS) under § 856(l), which lets the subsidiary run active bus…
Late relief to make a taxable REIT subsidiary election after a Form 8875 signature was missing
A real estate investment trust (REIT) and a related corporation can jointly elect to treat the corporation as a "taxable REIT subsidiary" (TRS) under § 856(l), which lets the subsidiary run active bus…
Late relief to make a taxable REIT subsidiary election after a Form 8875 signature was missing
A real estate investment trust (REIT) and a related corporation can jointly elect to treat the corporation as a "taxable REIT subsidiary" (TRS) under § 856(l), which lets the subsidiary run active bus…
Late relief to make a taxable REIT subsidiary election after a Form 8875 signature was missing
A real estate investment trust (REIT) and a related corporation can jointly elect to treat the corporation as a "taxable REIT subsidiary" (TRS) under § 856(l), which lets the subsidiary run active bus…
Late relief to make a taxable REIT subsidiary election after a Form 8875 signature was missing
A real estate investment trust (REIT) and a related corporation can jointly elect to treat the corporation as a "taxable REIT subsidiary" (TRS) under § 856(l), which lets the subsidiary run active bus…
Extra time granted to elect taxable-REIT-subsidiary status after a missing signature
A real estate investment trust (REIT) and one of its corporate subsidiaries wanted to jointly elect, on Form 8875, to treat the subsidiary as a taxable REIT subsidiary (TRS). A TRS election lets a REI…
Extra time granted to elect taxable-REIT-subsidiary status after a missing signature
A real estate investment trust (REIT) and one of its corporate subsidiaries wanted to jointly elect, on Form 8875, to treat the subsidiary as a taxable REIT subsidiary (TRS). A TRS election lets a REI…
Extra time granted to elect taxable-REIT-subsidiary status after a missing signature
A real estate investment trust (REIT) and one of its corporate subsidiaries wanted to jointly elect, on Form 8875, to treat the subsidiary as a taxable REIT subsidiary (TRS). A TRS election lets a REI…
Extra time granted to elect taxable-REIT-subsidiary status after a missing signature
A real estate investment trust (REIT) and one of its corporate subsidiaries wanted to jointly elect, on Form 8875, to treat the subsidiary as a taxable REIT subsidiary (TRS). A TRS election lets a REI…
Extra time granted to elect taxable-REIT-subsidiary status after a missing signature
A real estate investment trust (REIT) and one of its corporate subsidiaries wanted to jointly elect, on Form 8875, to treat the subsidiary as a taxable REIT subsidiary (TRS). A TRS election lets a REI…
Extra time granted to elect taxable-REIT-subsidiary status after a missing signature
A real estate investment trust (REIT) and one of its corporate subsidiaries wanted to jointly elect, on Form 8875, to treat the subsidiary as a taxable REIT subsidiary (TRS). A TRS election lets a REI…
Extra time granted to elect taxable-REIT-subsidiary status after a missing signature
A real estate investment trust (REIT) and one of its corporate subsidiaries wanted to jointly elect, on Form 8875, to treat the subsidiary as a taxable REIT subsidiary (TRS). A TRS election lets a REI…
Extra time granted to elect taxable-REIT-subsidiary status after a missing signature
A real estate investment trust (REIT) and one of its corporate subsidiaries wanted to jointly elect, on Form 8875, to treat the subsidiary as a taxable REIT subsidiary (TRS). A TRS election lets a REI…
Extra time granted to elect taxable-REIT-subsidiary status for two subsidiaries after a missing signature
A real estate investment trust (REIT) wanted to jointly elect, on Form 8875, to treat two of its corporate subsidiaries as taxable REIT subsidiaries (TRSs). A TRS election lets a REIT run activities t…
Extra time granted to elect taxable-REIT-subsidiary status for two subsidiaries after a missing signature
A real estate investment trust (REIT) wanted to jointly elect, on Form 8875, to treat two of its corporate subsidiaries as taxable REIT subsidiaries (TRSs). A TRS election lets a REIT run activities t…
Extra time granted to elect taxable-REIT-subsidiary status for two subsidiaries after a missing signature
A real estate investment trust (REIT) wanted to jointly elect, on Form 8875, to treat two of its corporate subsidiaries as taxable REIT subsidiaries (TRSs). A TRS election lets a REIT run activities t…
IRS partially revokes an old REIT-rent ruling, but only going forward
A REIT collects rent under a master lease and other leases whose annual rent increases (called Escalation and Other Adjustments) are capped by a formula tied to the tenant's "Adjusted Revenue," a meas…
Late section 853 foreign-tax pass-through election by a liquidated fund allowed under 9100 relief
A mutual fund (a regulated investment company, or RIC) that holds mostly foreign stocks can elect under § 853 to pass the foreign taxes it pays through to its shareholders, who then claim the related …
Late RIC (section 851(b)) and foreign-tax pass-through (section 853) elections allowed under 9100 relief
A new fund intended to elect to be taxed as a regulated investment company (RIC) under § 851(b) for its first year, and also to elect under § 853 to pass the foreign taxes it paid through to its share…
IRS rules that a REIT's fees from oil-storage terminals and pipelines qualify as rents from real property
A company that invests in energy infrastructure (petroleum storage terminals and pipelines) planned to elect to be taxed as a real estate investment trust (REIT). To keep REIT status, at least 95 perc…
IRS grants a REIT extra time to make a taxable REIT subsidiary election it failed to file
A real estate investment trust (REIT) acquired a hotel, planning to own it through the REIT and lease it to a subsidiary that would be treated as a "taxable REIT subsidiary" (TRS). A REIT generally ca…
IRS grants extra time to elect a taxable REIT subsidiary after a law-firm and fund each assumed the other would file
A real estate fund set up a structure to hold hotels through a REIT and a taxable REIT subsidiary (TRS), a common "RIDEA" arrangement that lets a REIT lease its lodging facilities to a TRS that hires …
IRS gives a REIT 90 days to make a late taxable REIT subsidiary election after a law-firm and fund each assumed the other would file
A real estate fund built a structure to hold hotels through a REIT and a taxable REIT subsidiary (TRS), a common "RIDEA" arrangement that lets a REIT lease its lodging facilities to a TRS which then h…
Foreign-heavy mutual fund gets 90 days to make a late election passing foreign tax credits to shareholders
A regulated investment company (a mutual fund) that invests heavily in foreign securities intended to make the annual election under section 853(a). That election lets a qualifying fund pass the forei…
A REIT gets 9100 relief to make a late election treating its subsidiary as a taxable REIT subsidiary
A real estate investment trust (REIT) set up a subsidiary to hold and operate a hotel through a common structure (a "RIDEA" arrangement) in which the subsidiary is treated as a taxable REIT subsidiary…
A REIT gets 9100 relief to make a late election treating its subsidiary as a taxable REIT subsidiary
A real estate investment trust (REIT) planned to hold and operate a hotel through a common structure (a "RIDEA" arrangement) in which a wholly owned subsidiary is treated as a taxable REIT subsidiary …
A new corporation gets 9100 relief to make late REIT and consent dividend elections
A newly formed corporation intended to operate as a real estate investment trust (REIT) and to use a "consent dividend," a hypothetical distribution that a shareholder agrees to treat as an actual div…
IRS grants a 9100 extension of time to make a REIT election under section 856(c)(1) after a mailed extension form was lost
A limited partnership that elected to be taxed as a corporation intended to elect to be a real estate investment trust (REIT) by filing Form 1120-REIT for its first tax year. To buy time, its tax firm…
Fiber-optic capacity payments qualify as REIT rents from real property
A corporation intending to elect REIT status leased capacity in permanently affixed fiber-optic and coaxial cables, conduit, and distributed antenna systems under six types of long-term agreements. Te…
Fiber optic capacity payments qualify as REIT rents from real property
A company intending to elect REIT status leased capacity on permanently affixed fiber optic and coaxial cable systems under six kinds of agreements. Tenants paid fixed amounts for dedicated capacity, …
IRS accepts late taxable REIT subsidiary election
A real estate investment trust and an indirectly owned subsidiary intended the subsidiary to be a taxable REIT subsidiary effective when its corporate tax classification began. They missed the Form 88…
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.