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.
No determinations match these filters
Try a different search term or clear the filters.
Late election granted to treat an S corporation stock sale as an asset sale
A buyer (taxed as a partnership) bought all the stock of an S corporation. The parties wanted the stock purchase to be treated, for tax purposes, as if the company had sold its assets, which a § 336(e…
Estate gets extra time to make a late portability election for the surviving spouse
When one spouse dies, the estate can make a "portability" election so the surviving spouse can use the deceased spouse's unused estate-and-gift-tax exclusion (the DSUE amount). That election is made o…
Extra time granted to file a late check-the-box election to be taxed as a corporation
A business started as a state-law corporation, then converted to a single-owner LLC. After the conversion, its default federal tax status was "disregarded" (treated as part of its owner), but the owne…
Late extension request granted for three tax elections missed after a botched Form 7004
A corporation that files a consolidated return meant to make three tax elections on its return for one year: the de minimis safe harbor for small capital purchases, a controlled foreign corporation (C…
Late-election relief to enter the agreement and statement treating an S corporation stock sale as an asset sale under section 336(e)
When a buyer purchases all the stock of an S corporation, the parties can jointly elect under section 336(e) to treat the sale as if the company sold its assets. Making that election requires two on-t…
Late-election relief to treat an S corporation stock sale as an asset sale under section 336(e)
When someone buys all the stock of an S corporation, the buyer and the selling shareholders can jointly elect under section 336(e) to treat the deal as if the company had sold its assets instead of it…
Buyer of foreign-subsidiary targets gets 75 days to make late Section 338(g) elections its tax advisor failed to file
When one corporation buys the stock of another in a "qualified stock purchase," Section 338(g) lets the buyer elect to treat the deal as if it had bought the target's assets instead of its stock, whic…
Opportunity-zone fund gets 45 days to self-certify for its first year, after its manager did not realize a Form 8996 was required
A Qualified Opportunity Fund (QOF) must self-certify each year by attaching Form 8996 to its timely filed tax return. Here, a tiered set of LLCs (all taxed as partnerships) set up a fund to invest in …
Opportunity-zone fund gets 45 days to file a late self-certification after its advisor missed the extension deadline
A Qualified Opportunity Fund (QOF) lets investors defer and reduce tax on capital gains they roll into businesses located in designated opportunity zones. To become a QOF, an entity must "self-certify…
Couple gets 120 days to elect out of automatic GST exemption allocation for four stepchild trusts, after their accountant left the election off three years of gift tax returns
The generation-skipping transfer (GST) tax applies when wealth passes to grandchildren or other beneficiaries more than one generation down. Everyone has a GST exemption, and when someone funds certai…
S corporation gets 60 days to make a late election opting out of bonus depreciation after its tax firm forgot to attach the statement
Bonus depreciation (the "additional first year depreciation" under Section 168(k)) normally lets a business deduct 100% of the cost of qualifying property in the year it is placed in service. Some tax…
Married couple gets 120 days to make a late election grouping all their rental real estate as one activity, after their tax pro never told them the election existed
Rental real estate is normally treated as "passive," which limits how much of its losses can offset other income. A real estate professional who qualifies under Section 469(c)(7) can escape that rule,…
Corporate group gets 60 days to make a late success-based-fee safe-harbor election it forgot to attach, conditioned on fixing which subsidiary paid the fee
When a company pays an investment banker a fee that is contingent on closing an acquisition (a "success-based fee"), the tax rules presume the whole fee must be capitalized unless the company document…
Late success-based-fee election denied because the investment banking fee was the private-equity seller's selling cost, not the target's deduction
When a business is sold, investment banking "success-based fees" tied to closing the deal can sometimes be split under a safe harbor (Rev. Proc. 2011-29), deducting 70 percent and capitalizing 30 perc…
Consolidated group gets 120 days to make a late GILTI high-tax exclusion election after misreading the 24-month deadline
U.S. companies that own controlled foreign corporations (CFCs) generally have to include the CFCs' "GILTI" (global intangible low-taxed income) in their own income under Section 951A. A regulation let…
LLC gets 120 days to re-file a check-the-box election that was missing required signatures
Under the "check-the-box" rules, an LLC with two or more members is treated as a partnership by default but can elect to be taxed as a corporation by filing Form 8832. That form has to be signed by th…
Late relief lets an LLC self-certify as a Qualified Opportunity Fund after its advisor missed the extension deadline
To be a Qualified Opportunity Fund (QOF), which lets investors defer tax on capital gains reinvested in opportunity zones, an entity must self-certify each year by filing Form 8996 with a timely tax r…
Real estate professionals get 120 days to make a late election grouping all rental properties as one activity
Rental real estate is normally treated as a "passive activity," so losses from it can only offset passive income. Section 469(c)(7) gives an exception to taxpayers who qualify as real estate professio…
Partnership gets 120 days to make a late Section 754 basis-adjustment election it meant to make on a buyout
When someone buys into a partnership (here an LLC taxed as a partnership), the partnership can elect under Section 754 to adjust the tax basis of its assets so the new partner's inside basis lines up …
Late relief granted so an LLC can self-certify as a Qualified Opportunity Fund for two missed years
An investor put capital gains into a Qualified Opportunity Fund (QOF) to defer tax on those gains, a benefit created by the Opportunity Zone rules in Section 1400Z-2. To be a QOF, the entity (here an …
Late portability election allowed, estate gets 120 more days to claim a deceased spouse's unused estate-tax exclusion
When a married person dies without using up their federal estate-tax exclusion (the amount that can pass tax-free, roughly $13 million in recent years), the leftover, called the DSUE amount, can be tr…
45 days granted to file a late Form 8996 QOF election after the tax preparer's oversight
An LLC taxed as a partnership was formed to qualify as a Qualified Opportunity Fund (QOF) and invest in an Opportunity Zone. To get QOF treatment, an entity must self-certify by filing Form 8996 with …
120 days granted to make a late election to amortize R&E costs over 10 years
A corporate group that files a consolidated tax return asked the IRS for more time to make an election under IRC Section 59(e). That election lets a taxpayer spread the deduction of research and exper…
Late Form 8996 QOF self-certification allowed after owner missed the partnership filing
An LLC was formed to invest in an Opportunity Zone and to serve as a Qualified Opportunity Fund (QOF). To get QOF benefits, an entity must "self-certify" by filing Form 8996 with a timely tax return. …
Estate gets more time to make a late "portability" election so the surviving spouse can use the decedent's unused estate-tax exclusion
When someone dies without using up their federal estate-tax exclusion, their estate can elect "portability" so the surviving spouse can add the leftover (the deceased spousal unused exclusion, or DSUE…
Low-income-housing entity gets more time to file two late elections (corporate classification and opting out of tax-exempt-entity depreciation rules)
An entity owned entirely by a 501(c)(3) charity serves as the managing member of a partnership that builds and operates low-income housing (claiming Section 42 tax credits). The entity meant to make t…
Opportunity fund gets 45 more days to file the Form 8996 its accountant forgot to attach
To get the tax benefits of a Qualified Opportunity Fund (QOF), an entity has to "self-certify" each year by attaching Form 8996 to its timely-filed tax return. Here, an LLC taxed as a partnership was …
Foreign entity gets extra time to file a late "disregarded entity" classification election
A foreign business entity with a single owner wanted to be treated as a "disregarded entity" for U.S. tax purposes, meaning it is ignored as separate from its owner. To get that treatment it had to fi…
Foreign entity gets extra time to file a late "disregarded entity" classification election
A foreign business entity with a single owner wanted to be treated as a "disregarded entity" for U.S. tax purposes, meaning it is ignored as separate from its owner. To get that treatment it had to fi…
The IRS grants extra time to file a late check-the-box election so a foreign entity can be treated as a corporation
A foreign entity wanted to elect to be treated as an "association taxable as a corporation" for U.S. federal tax purposes, the opposite of the disregarded-entity choice. That election is made by filin…
The IRS grants extra time to file a late check-the-box election so a foreign entity can be treated as disregarded
A foreign entity with a single owner wanted to be a "disregarded entity" for U.S. federal tax purposes, meaning it would be ignored as separate from its owner (its income and assets treated as the own…
The IRS grants extra time to file a late check-the-box election so a foreign entity can be treated as disregarded
A foreign entity with a single owner wanted to be a "disregarded entity" for U.S. federal tax purposes, meaning it would be ignored as separate from its owner (its income and assets treated as the own…
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…
IRS grants late relief for a foreign entity's disregarded-entity election
A single-owner business entity formed abroad wanted to be treated as a "disregarded entity" for U.S. tax, meaning its owner reports the entity's income directly as if the entity did not exist separate…
IRS grants extra time to file a missed IC-DISC election
A newly formed domestic corporation intended to operate as an interest charge domestic international sales corporation (IC-DISC), a structure that gives certain exporters a tax benefit. To get that st…
Estate received 120 days to make the 65-day distribution election
An estate made a distribution during the first 65 days of a fiscal year and intended to treat it as paid on the last day of the preceding year under section 663(b). The estate inadvertently failed to …
Parties received more time to complete a section 336(e) election
A purchaser acquired all stock of an S corporation, after which the target converted to a disregarded limited liability company. The parties intended to elect under section 336(e) to treat the qualifi…
S corporation parties received more time for a section 336(e) election
A purchaser acquired all stock of an S corporation in a transaction represented to be a qualified stock disposition. The target, purchaser, and shareholders intended to elect under section 336(e) to t…
An S corporation target received more time for a section 336(e) election
An individual purchased all stock of a limited liability company that had elected S corporation status. The target, seller, and purchaser intended to elect under section 336(e) to treat the qualified …
Six foreign entities received late disregarded-entity election relief
Six foreign eligible entities defaulted to association status when their classifications first became relevant for U.S. tax purposes. Each intended to be treated as a disregarded entity from a specifi…
A foreign entity received a late partnership-classification election
A foreign eligible entity wanted partnership treatment from the date its classification first became relevant for U.S. tax purposes. It failed to timely file Form 8832 electing that classification. Ba…
A foreign company received a late partnership election with return-filing conditions
A foreign eligible entity intended to be classified as a partnership but failed to timely file Form 8832. The IRS concluded that the entity satisfied the standards for late regulatory-election relief.…
A successor LLC received more time for a section 336(e) election
A partnership purchaser acquired all stock of an S corporation through disregarded entities, after which the target merged into a successor disregarded LLC. The parties intended to elect under section…
A corporation received 60 days to file a success-fee safe-harbor election
A corporation acquired a business in a merger intended to qualify as a tax-free reorganization and paid contingent fees that became due only when the transaction closed. It timely filed its return and…
An S corporation received 120 days to make a late QSub election
An S corporation owned all stock of a domestic subsidiary and intended to treat it as a qualified subchapter S subsidiary from a specified date. Through inadvertence, the parent failed to file Form 88…
An S corporation received late QSub election relief
An S corporation owned all outstanding stock of a domestic subsidiary and intended to treat it as a qualified subchapter S subsidiary from a specified date. The parent inadvertently failed to file For…
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…
A partnership received 45 days to file its missed QOF election and return
Two members formed a limited liability company to operate as a qualified opportunity fund and invested gains that the company placed into an opportunity-zone real estate business. Their longtime advis…
A partnership received 120 days to make a late section 754 election
After a member died, a partnership and its lower-tier partnerships intended to make section 754 elections so transferred interests would receive basis adjustments under section 743. The partnership's …
A parent partnership received late section 754 election relief
Following a member's death, a partnership and its lower-tier partnerships intended to make section 754 elections to obtain basis adjustments under section 743. The partnership's representative instruc…
A partnership received late section 754 election relief
A partner died while owning an interest in a partnership, but the partnership did not file a section 754 election with its timely return because its tax adviser failed to explain the election and its …
A partnership received more time to make a section 754 election
A partnership redeemed two partners during a taxable year but did not file a section 754 election because it mistakenly believed a valid election was already in effect. After discovering the error, th…
An LLC received relief to become a disregarded entity
An LLC had elected S corporation status and was later treated as a qualified subchapter S subsidiary. Its corporate parent then transferred all of the LLC interests to an entity treated as a partnersh…
Foreign entity received 120 days to file a late disregarded-entity election
A foreign entity wanted to be treated as disregarded from its single owner for U.S. federal tax purposes beginning when its classification first became relevant, but it missed the deadline to file For…
Housing partnership received extra time to defer its credit period
A partnership acquired and rehabilitated a building for low-income rental housing. It intended to begin the ten-year low-income housing credit period in the year after the building was placed in servi…
S corporation received 120 days to file a late QSub election
An S corporation acquired all the stock of a subsidiary and intended to treat it as a qualified subchapter S subsidiary (QSub) from the acquisition date. It did not timely file Form 8869 to make the e…
Estate received 120 days to make a late portability election
An estate was not otherwise required to file Form 706 because the decedent's gross estate and adjusted taxable gifts were below the filing threshold. The estate nevertheless needed a timely return to …
Parties received extra time to complete a section 336(e) election
A purchaser acquired all the stock of an S corporation from its shareholder, and the parties intended to elect under section 336(e) to treat the qualified stock disposition as an asset disposition. Th…
S corporation received 120 days to file a late QSub election
An S corporation intended to treat a wholly owned subsidiary as a qualified subchapter S subsidiary (QSub) but did not timely file Form 8869. It asked for an extension under Treasury Regulation § 301.…
Foreign entity received 120 days to elect partnership status
A foreign eligible entity intended to be classified as a partnership for U.S. federal tax purposes but did not timely file Form 8832. It represented that it acted reasonably and in good faith and that…
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.