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 grants a REIT more time to file a late election treating a subsidiary as a taxable REIT subsidiary
A real estate investment trust (REIT) can jointly elect with a subsidiary to treat that subsidiary as a "taxable REIT subsidiary" (TRS), which lets the subsidiary run activities a REIT itself cannot w…
IRS grants a parent company 75 more days to make a late election for its affiliated group to file a consolidated return
A parent company heads an affiliated group of corporations that wanted to file a single consolidated federal income tax return, with the parent as the common parent, for a given tax year. To do that, …
IRS grants extra time to make a late Section 336(e) election so an S corporation stock sale can be taxed as an asset sale
When someone buys all the stock of an S corporation, the parties can elect under Section 336(e) to treat the stock sale as if the company had instead sold all its assets, which often gives the buyer a…
A utility gets more time to withdraw an overfunded nuclear-decommissioning contribution, plus an approved revised schedule of deductible funding amounts
An investor-owned electric utility owns part of a nuclear power plant and funds its eventual teardown through a Section 468A "qualified nuclear decommissioning fund," which lets it deduct contribution…
A utility gets more time to withdraw an overfunded nuclear-decommissioning contribution, plus an approved revised schedule of deductible funding amounts
An investor-owned electric utility owns part of a nuclear power plant and funds its eventual teardown through a Section 468A "qualified nuclear decommissioning fund," which lets it deduct contribution…
A utility gets more time to pull an overfunded contribution out of its nuclear decommissioning fund, and a revised schedule of deductible funding amounts
An investor-owned electric utility owns part of a nuclear power plant and sets aside money in a special "qualified nuclear decommissioning fund" under Section 468A, which lets it deduct contributions …
IRS grants an LLC partnership a 120-day extension to make a late Section 754 basis-adjustment election
An LLC taxed as a partnership wanted to make a Section 754 election, which lets a partnership adjust the tax basis of its assets when interests change hands or property is distributed, so the inside b…
IRS grants a foreign entity a 120-day extension to file a late election to be treated as a partnership
A foreign business entity's default federal tax classification was a corporation, but it wanted to be taxed as a partnership instead. To change that, it had to file Form 8832 (the entity classificatio…
IRS grants an S corporation a 120-day extension to file a late QSub election for its wholly owned subsidiary
An S corporation owned all of the stock of a subsidiary and wanted that subsidiary treated as a "qualified subchapter S subsidiary" (QSub), meaning the subsidiary is ignored for tax purposes and its i…
IRS grants a foreign entity a 120-day extension to file a late election to be a disregarded entity
An eligible business entity can elect how it is classified for U.S. tax by filing Form 8832. Here a foreign entity was eligible to be treated as "disregarded" (ignored as separate from its owner) for …
IRS grants a foreign entity a 120-day extension to file a late election to be a disregarded entity
An eligible business entity can elect how it is classified for U.S. tax by filing Form 8832. Here a foreign entity was eligible to be treated as "disregarded" (ignored as separate from its single owne…
IRS grants a limited partnership a 120-day extension to file a late election to be taxed as a corporation
A business can choose how it is taxed by filing an entity classification election (Form 8832), but the election must be filed on time. Here a limited partnership intended to be taxed as an association…
IRS grants an estate a 120-day extension to make a late portability (DSUE) election
A surviving spouse can use the unused part of a deceased spouse's estate-tax exclusion (the DSUE amount), but only if the deceased spouse's estate makes a "portability" election on a timely filed esta…
IRS grants an LLC a late Section 754 election to adjust the basis of partnership property
An LLC taxed as a partnership meant to make a Section 754 election but its tax advisors inadvertently failed to file it on time. A Section 754 election lets a partnership adjust the inside tax basis o…
IRS grants a consolidated group more time to make a late Section 362(e)(2)(C) election on a built-in-loss property transfer to a foreign subsidiary
A member of a consolidated corporate group transferred property to a foreign corporation in a Section 351 exchange, and the property's tax basis was higher than its value (a built-in loss). Section 36…
IRS grants a partnership more time to fix a Form 3115 and make a late election recognizing its full Section 481(a) adjustment in the year of an acquisition
A partnership (an LLC taxed as a partnership) was sold to a buyer. After the sale, a C corporation sat in its ownership chain and its receipts were too high to keep using the cash method under Section…
IRS grants an LLC a late Section 754 election to adjust the basis of partnership property
An LLC taxed as a partnership meant to make a Section 754 election but inadvertently missed it. A Section 754 election lets a partnership adjust the tax basis of its assets when interests change hands…
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…
A parent corporation gets a 60-day extension to make a late election for its affiliated group to file a consolidated return
A group of affiliated corporations can elect to file one combined ("consolidated") federal income tax return, with the parent company as the common parent. That election is made by actually filing the…
An estate too small to require an estate tax return gets a 120-day extension to make a late portability election, preserving the decedent's unused exclusion for the surviving spouse
When someone dies without using their full estate-tax exclusion, the leftover ("deceased spousal unused exclusion," or DSUE) can transfer to the surviving spouse, but only if the estate makes a "porta…
An estate that was not required to file an estate tax return gets a 120-day extension to make a late portability election, letting the surviving spouse use the decedent's unused exclusion
When someone dies without using up their full estate-tax exclusion, the leftover amount (the "deceased spousal unused exclusion," or DSUE) can be passed to the surviving spouse, but only if the estate…
9100 extension to make a late section 754 partnership basis-adjustment election (754)
A limited liability company taxed as a partnership had a new buyer acquire interests in it. The partnership wanted to make a section 754 election, which lets a partnership adjust the tax basis of its …
9100 extension to make a late section 754 partnership basis-adjustment election (754)
A limited liability company taxed as a partnership had a new buyer acquire interests in it. The partnership wanted to make a section 754 election, which lets a partnership adjust the tax basis of its …
9100 extension to make a late section 754 partnership basis-adjustment election (754)
A limited liability company taxed as a partnership had a new buyer acquire interests in it. The partnership wanted to make a section 754 election, which lets a partnership adjust the tax basis of its …
9100 extension to make a late section 754 partnership basis-adjustment election (754)
A limited liability company taxed as a partnership had a new buyer acquire interests in it. The partnership wanted to make a section 754 election, which lets a partnership adjust the tax basis of its …
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 …
9100 extension to file a late section 336(e) election on the sale of an S corporation's stock (336)
An S corporation was owned by a single shareholder who sold all of its stock to a corporate buyer. A section 336(e) election lets a qualifying stock sale be treated, for tax purposes, as if the compan…
9100 extension to elect that an acquired subsidiary's loss carryovers expire on joining a consolidated group (1502)
A parent company heads a consolidated group (a set of affiliated corporations that file one combined federal return). Its subsidiary acquired a target company that carried old net operating losses fro…
9100 relief lets an LLC self-certify late as a qualified opportunity fund (1400Z-2)
An LLC taxed as a partnership was set up to be a qualified opportunity fund (QOF), a vehicle that lets investors defer and reduce capital-gains tax by investing in designated low-income "opportunity z…
9100 extension to deliver the U.S.-shareholder notice for a section 338 election on a foreign acquisition (338)
A foreign company bought all the stock of another foreign company (and, through it, several foreign subsidiaries), all of which were controlled foreign corporations. The buyer wanted to make a "sectio…
9100 extension to apply late for FIRPTA withholding certificates on U.S. real property sales (1445)
A U.S. corporation bought interests in three limited liability companies from foreign sellers. Because the interests counted as "United States real property interests," the FIRPTA rules in IRC § 1445 …
IRS grants a partnership 120 days to make a late Section 754 election
A partnership intended to elect under IRC § 754 to adjust the basis of partnership property after one member bought additional interests from another member. It inadvertently omitted the election from…
IRS grants a partnership 120 days to make a late Section 754 election
A partnership failed to make an IRC § 754 election for the tax year in which one of its partners died. The election would permit adjustments to the basis of partnership property following a transfer o…
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…
Estate receives 120 days to make a late portability election
An estate missed the deadline to file Form 706 and elect portability of the decedent’s unused estate and gift tax exclusion to the surviving spouse. The estate represented that it was not otherwise re…
S corporation receives 120 days to file a late QSub election
An S corporation acquired all the stock of another domestic corporation and intended to treat the acquired company as a qualified subchapter S subsidiary effective on the acquisition date. It failed t…
Estate granted 120-day extension for a portability election
An estate failed to timely file Form 706 to transfer the decedent’s unused estate and gift tax exclusion to the surviving spouse through a portability election. It represented that the estate’s value …
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…
Partnership receives 120 days to make a late section 754 election
A partnership intended to make an IRC § 754 election for a prior tax year but failed to file it on time. The IRS concluded that the partnership satisfied the standards for discretionary relief under T…
Estate receives 120-day portability election extension
An estate missed the deadline to file Form 706 and elect portability of the decedent’s unused exclusion amount to the surviving spouse. The estate represented that it was below the gross-estate and ta…
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…
Partnership receives 60 days to file late Qualified Opportunity Fund certification
A partnership was formed to operate as a Qualified Opportunity Fund and invest in qualified opportunity zone property. Its first accountant timely filed the partnership return but omitted Form 8996, w…
Real estate partnership receives 60 days for late QOF self-certification
A partnership was organized to operate as a Qualified Opportunity Fund and develop an office building in an opportunity zone. Its investors reported their interests as QOF investments, but two success…
Late-filed partnership return's QOF certification is treated as timely
A newly formed partnership intended to invest in an opportunity-zone business and operate as a Qualified Opportunity Fund. Its tax preparer planned to request an automatic filing extension, then filed…
Estate receives 120-day portability election extension
An estate missed the deadline to file Form 706 and elect portability of the decedent's unused exclusion amount to the surviving spouse. The estate represented that the gross estate and taxable gifts w…
Partnership receives 120 days to make late Section 754 election
A partnership failed to make an IRC § 754 election for the year in which one of its partners died. The election would permit basis adjustments under IRC §§ 734 and 743 for partnership property and tra…
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…
Inactive partnership's late QOF certification is treated as timely
A limited partnership was formed to be a Qualified Opportunity Fund and received partners' eligible gains, but it had no other activity, income, deductions, or credits during its first year. Its limit…
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…
S corporation receives 120 days to make late QSub election
An S corporation wholly owned a domestic corporate subsidiary and intended to treat it as a qualified subchapter S subsidiary from the subsidiary's incorporation date. The parent failed to file Form 8…
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…
Form 8996 filed with a late first-year return is treated as timely
A partnership was formed to invest in, manage, and dispose of qualified opportunity zone property and began operating as a Qualified Opportunity Fund. It did not engage an accounting firm until 14 day…
Corporate group received 120 days to make late GILTI high-tax exclusion election
A U.S. corporate group intended to elect the high-tax exclusion when calculating global intangible low-taxed income for its controlled foreign corporations. Its timely return consistently computed GIL…
Estate received 120 days to correct omitted QTIP election
A decedent's revocable trust divided at death into a bypass trust and a marital trust for the surviving spouse. The marital trust required all income to be paid to the spouse at least annually, allowe…
Fund received 60 days to file late qualified opportunity fund certifications
A limited liability company was formed to qualify as a qualified opportunity fund and invest in qualified opportunity zone property. It hired an experienced accountant who knew that intent and was res…
Partnership received 120 days to make late section 754 election
A domestic limited liability company treated as a partnership sold ownership interests to a new buyer and intended to make an IRC § 754 election for that year. It inadvertently failed to attach a vali…
Reorganized partnership received 120 days to make late section 754 election
A limited liability company treated as a partnership reorganized under another state's law, after which two parties acquired interests in it. The partnership intended to make an IRC § 754 election for…
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.