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 treats a delayed taxable REIT subsidiary election as timely despite COVID-19 filing obstacles
A publicly traded REIT indirectly acquired part of a foreign corporation and intended to elect for that corporation to be a taxable REIT subsidiary from the acquisition date. COVID-19 closures delayed…
IRS grants a foreign insurance company 60 days to perfect its election for domestic tax treatment
A foreign insurance company and its U.S. parent had consistently filed as though the insurer had validly elected under § 953(d) to be treated as a domestic corporation and member of the parent's conso…
IRS grants retroactive taxable REIT subsidiary status after foreign anti-hybrid rules changed the needed structure
A REIT operated foreign data-center investments through a company that had elected to be disregarded for U.S. tax purposes. After foreign anti-hybrid rules took effect, the REIT learned that interest …
IRS grants late taxable REIT subsidiary election relief after an adviser missed Form 8875
A newly formed REIT owned senior-housing facilities and formed a corporate subsidiary that held an interest in the operating partnership leasing those facilities. The REIT intended to elect taxable RE…
IRS grants more time to fix a wrongly checked box on low-income housing credit forms
A partnership that owns a multi-building low-income housing project claimed the low-income housing tax credit under Code § 42. When it filed Forms 8609 for certain buildings, it accidentally checked t…
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 (through two disregarded entities). The buyer, the target, and the selling shareholders intended to make a "Section 336(e) election," which lets …
IRS grants extra time to make a late Section 754 basis-adjustment election
A limited liability company taxed as a partnership had a partner die during a tax year. That death transferred the partner's interest, a situation where a "Section 754 election" is valuable because it…
IRS grants extra time to file a late Section 362(e)(2)(C) basis-reduction election
A consolidated group's foreign structure triggered a deemed asset transfer when one controlled foreign corporation's subsidiary made a check-the-box election to be treated as a corporation. Because th…
IRS grants a partnership extra time to make a late § 754 basis-adjustment election after a partner's death
A § 754 election lets a partnership adjust the tax basis of its assets when a partnership interest changes hands or property is distributed, so the new owner's inside basis matches what they effective…
Late mark-to-market election relief denied because the traders acted with hindsight after large losses
A married couple asked the IRS for extra time under the § 301.9100 late-election rules to make a § 475(f)(1) "mark-to-market" election, which lets a qualifying securities trader deduct trading losses …
120-day extension to file a late entity-classification election so a foreign entity is taxed as a partnership
A foreign business entity that is eligible to choose how it is taxed in the United States wanted to be classified as a partnership rather than as a corporation, but it missed the deadline to file Form…
IRS grants a foreign entity extra time to file a late "check-the-box" election to be treated as a disregarded entity
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" so it is treated as a br…
IRS grants a foreign entity extra time to file a late "check-the-box" election to be treated as a disregarded entity
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" so it is treated as a br…
IRS grants a foreign entity extra time to file a late "check-the-box" election to be a disregarded entity
Under the "check-the-box" rules, an eligible business entity chooses 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 a…
IRS grants a late § 108(b)(5) election letting an insolvent company cut depreciable-property basis instead of its net operating losses
When debt is cancelled, the forgiven amount is normally taxable, but § 108 lets an insolvent taxpayer exclude it from income; the price is that the taxpayer must "reduce tax attributes," which by defa…
Parties receive time to file a late § 336(e) election statement
A partnership-taxed purchaser acquired all shares of an S corporation, and the parties intended to elect under IRC § 336(e) to treat the stock sale as an asset sale. A qualified tax professional faile…
Estate receives 120 days to make a late portability election
An estate that was not otherwise required to file Form 706 failed to timely elect portability of the decedent's unused estate and gift tax exclusion to the surviving spouse. Because the filing deadlin…
Corporation receives S status relief after four trusts missed ESBT elections
A parent S corporation created a wholly owned subsidiary and elected qualified subchapter S subsidiary status for it. Four trusts later acquired parent stock but did not timely make electing small bus…
Foreign corporation receives time to elect disregarded-entity status
A foreign private limited corporation was wholly owned by a foreign revocable grantor trust whose settlor and primary beneficiary had become a U.S. citizen. The corporation was eligible to elect disre…
Corporate group receives 90 days to make a late consolidated-return election
A domestic parent corporation and its affiliated group failed to timely make the election to file a consolidated federal income tax return. The parent requested relief under Treas. Reg. § 301.9100-3 b…
Partnership receives 120 days to make a late § 754 election
A limited liability company taxed as a partnership intended to elect under IRC § 754 to adjust the basis of partnership property, but omitted a valid election from its timely filed return. It represen…
Late-election relief to claim a hurricane timber loss in the prior year
Taxpayers who operate timber farms had three tracts damaged by a hurricane in a federally declared disaster area. The tax law (Section 165(i)) lets a disaster-area loss be claimed in the tax year befo…
Extra time granted to make a late election to file a consolidated return
A parent corporation heads an affiliated group that wanted to file a single consolidated federal income tax return for one tax year. To do that, the group has to make an election under Treas. Reg. § 1…
Extra time granted to file a late Section 336(e) election for an S corporation stock sale
A partnership bought all the stock of an S corporation, and the S corporation later merged into a disregarded LLC owned by the buyer. The parties intended to make a Section 336(e) election, which lets…
Extra time granted to file a late Section 336(e) election after a tax professional missed the deadline
Buyers acquired all the stock of an S corporation from its seller and wanted the stock sale treated as an asset sale for tax purposes. A Section 336(e) election does exactly that when a deal is a "qua…
Partnership receives 120 days to make a late § 754 election
A limited liability company taxed as a partnership intended to elect under IRC § 754 to adjust the basis of partnership property, but omitted a valid election from its timely filed return. It represen…
Foreign entity receives 120 days to file a late disregarded-entity election
A foreign single-owner business entity was eligible to elect disregarded status for federal tax purposes but did not timely file Form 8832. It sought relief under Treas. Reg. § 301.9100-3 to make the …
Parties receive late-election relief to treat an S corporation stock sale as an asset sale
A purchaser acquired all the stock of an S corporation, and the parties intended to elect under IRC § 336(e) to treat the stock sale as an asset sale. They did not timely execute the required written …
IRS grants late mark-to-market elections for passive foreign investment company funds
A taxpayer invested through multiple funds that were passive foreign investment companies, or PFICs. Its accounting firm failed to identify the funds as PFICs and did not advise the taxpayer to make m…
IRS grants late election for the success-based fee safe harbor
A corporation incurred success-based fees in connection with two stock acquisition transactions. Its tax professional prepared the return using the safe harbor in Rev. Proc. 2011-29, deducting 70 perc…
Foreign insurer gets more time for domestic-corporation and small-insurer elections
A foreign insurance company hired a tax professional to make elections to be treated as a domestic corporation under IRC § 953(d) and as a small insurance company under § 831(b). The adviser filed the…
REIT gets 90 days to file three missed taxable-subsidiary elections
A hotel REIT and three operating subsidiaries intended to make taxable REIT subsidiary elections when the REIT acquired interests in the subsidiaries. The company's tracking spreadsheet showed that ea…
IRS grants a foreign entity extra time to elect disregarded-entity status (late Form 8832 relief)
A foreign business entity, wholly owned by a foreign partnership, was eligible to elect to be treated as a "disregarded entity" (ignored as separate from its owner) for U.S. federal tax purposes, but …
IRS grants a foreign entity extra time to elect partnership classification (late Form 8832 relief)
A foreign business entity, majority-owned by a foreign partnership, was eligible to elect to be treated as a partnership for U.S. federal tax purposes, but it missed the deadline to file the required …
IRS grants a foreign entity extra time to elect disregarded-entity status (late Form 8832 relief)
A foreign business entity, wholly owned by a foreign partnership, was eligible to elect to be treated as a "disregarded entity" (ignored as separate from its owner) for U.S. federal tax purposes, but …
IRS grants a foreign entity extra time to elect disregarded-entity status (late Form 8832 relief)
A foreign business entity, wholly owned by a foreign partnership, was eligible to elect to be treated as a "disregarded entity" (ignored as separate from its owner) for U.S. federal tax purposes, but …
IRS grants a foreign entity extra time to elect disregarded-entity status (late Form 8832 relief)
A foreign business entity, wholly owned by a foreign partnership, was eligible to elect to be treated as a "disregarded entity" (ignored as separate from its owner) for U.S. federal tax purposes, but …
IRS grants a foreign entity extra time to elect disregarded-entity status (late Form 8832 relief)
A foreign business entity, wholly owned by a foreign partnership, was eligible to elect to be treated as a "disregarded entity" (ignored as separate from its owner) for U.S. federal tax purposes, but …
IRS grants a foreign entity extra time to elect disregarded-entity status (late Form 8832 relief)
A foreign business entity, wholly owned by a foreign partnership, was eligible to elect to be treated as a "disregarded entity" (ignored as separate from its owner) for U.S. federal tax purposes, but …
IRS grants a foreign entity extra time to elect disregarded-entity status (late Form 8832 relief)
A foreign business entity, wholly owned by a foreign partnership, was eligible to elect to be treated as a "disregarded entity" (ignored as separate from its owner) for U.S. federal tax purposes, but …
IRS grants a foreign entity extra time to elect partnership classification (late Form 8832 relief)
A foreign business entity, majority-owned by a foreign partnership, was eligible to elect to be treated as a partnership for U.S. federal tax purposes, but it missed the deadline to file the required …
IRS grants a foreign entity extra time to elect disregarded-entity status (late Form 8832 relief)
A foreign business entity, wholly owned by a foreign partnership, was eligible to elect to be treated as a "disregarded entity" (ignored as separate from its owner) for U.S. federal tax purposes, but …
IRS grants a foreign entity extra time to elect partnership classification (late Form 8832 relief)
A foreign business entity, majority-owned by a foreign partnership, was eligible to elect to be treated as a partnership for U.S. federal tax purposes, but it missed the deadline to file the required …
IRS grants a foreign entity extra time to elect disregarded-entity status (late Form 8832 relief)
A foreign business entity, wholly owned by a foreign partnership, was eligible to elect to be treated as a "disregarded entity" (ignored as separate from its owner) for U.S. federal tax purposes, but …
IRS grants a foreign entity extra time to elect disregarded-entity status (late Form 8832 relief)
A foreign business entity, wholly owned by a foreign partnership, was eligible to elect to be treated as a "disregarded entity" (ignored as separate from its owner) for U.S. federal tax purposes, but …
IRS grants an S corporation extra time to elect QSub treatment for its subsidiary (late Form 8869 relief)
An S corporation can elect to treat a wholly owned subsidiary as a "qualified subchapter S subsidiary" (QSub), which makes the subsidiary invisible for tax purposes so its assets and income are treate…
IRS grants a foreign entity 120 days to make a late disregarded-entity election
A foreign eligible entity wholly owned by a foreign partnership intended to be disregarded for U.S. federal tax purposes from its formation date but failed to timely file Form 8832. It requested relie…
IRS grants a foreign entity 120 days to make a late partnership-classification election
A foreign eligible entity owned primarily by a foreign partnership intended to be classified as a partnership for U.S. federal tax purposes from its formation date but failed to timely file Form 8832.…
IRS grants a foreign entity 120 days to make a late disregarded-entity election
A foreign eligible entity wholly owned by a foreign partnership intended to be disregarded for U.S. federal tax purposes from its formation date but failed to timely file Form 8832. It requested relie…
IRS grants a foreign entity 120 days to make a late disregarded-entity election
A foreign eligible entity wholly owned by a foreign partnership intended to be disregarded for U.S. federal tax purposes from its formation date but failed to timely file Form 8832. It requested relie…
IRS grants a foreign entity 120 days to make a late disregarded-entity election
A foreign eligible entity wholly owned by a foreign partnership intended to be disregarded for U.S. federal tax purposes from its formation date but failed to timely file Form 8832. It requested relie…
IRS grants 60 days for a consolidated group to elect out of bonus depreciation
Six subsidiaries in a consolidated group placed qualifying 3-year, 5-year, 7-year, and 15-year property in service during a fiscal year. The group's return did not claim additional first-year deprecia…
IRS clarifies the limited scope of an earlier late § 338(g) election ruling
The IRS had previously given a purchaser 45 days to file a late § 338(g) election for a stock acquisition. A question later arose about whether that ruling provided anything beyond extra time to file …
IRS treats a late initial REIT return as a timely REIT election
An LLC elected corporate status and intended to elect real estate investment trust treatment beginning on the same effective date. Its accounting firm filed an extension for the LLC's parent fund, but…
IRS denies a trader's late mark-to-market election
An individual substantially increased securities trading during part of a year but did not make a timely § 475(f)(1) mark-to-market election. Most of the year's realized trading losses and disallowed …
IRS gives a corporation 45 days to file a late LIFO election form
An LLC became an independent C corporation and acquired inventory that its former owner had accounted for under the last-in-first-out method. The corporation continued using LIFO, but two accounting f…
IRS grants 60 days for a late success-based-fee safe-harbor election
A corporate group paid contingent financial-adviser fees in connection with a taxable stock acquisition. Its timely return treated 70 percent of the fees as nonfacilitative and deductible, consistentl…
IRS gives a limited partnership 120 days to make a late corporate election
A domestic limited partnership intended to be classified as an association taxable as a corporation from a specified effective date. It failed to timely file Form 8832 and requested an extension under…
IRS gives a limited partnership 120 days to make a late corporate election
A domestic limited partnership intended to be classified as an association taxable as a corporation from a specified effective date. It failed to timely file Form 8832 and requested an extension under…
IRS grants 60 days for a success-fee election omitted from an examined return
A corporation paid a contingent advisory fee in a business acquisition and intended to use the Rev. Proc. 2011-29 safe harbor. Its accounting firm prepared the required election statement and the retu…
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.