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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Married couple's community-property trust is a non-grantor trust and their contributions are incomplete gifts
A married couple in a community property state set up an irrevocable trust for themselves, their children, two other individuals, and charities. Distributions are controlled by a "Power of Appointment…
IRS rules that swaps of product distribution rights are like-kind under pre-TCJA Section 1031
A wholesale distributor (an S corporation) holds franchise-style distribution rights that let it sell certain branded products in defined territories. To move in and out of markets, it sold some of th…
Community-property trust gets incomplete-gift, power, and basis rulings with an income-tax caveat
A married couple in a community-property state created an irrevocable trust for themselves, family members, and friends, with distributions controlled through retained powers and a nonfiduciary power-…
Community-property trust gets incomplete-gift, power, and basis rulings with an income-tax caveat
A married couple in a community-property state created an irrevocable trust for themselves, family members, and friends, with distributions controlled through retained powers and a nonfiduciary power-…
Community-property trust gets incomplete-gift, power, and basis rulings with an income-tax caveat
A married couple in a community-property state created an irrevocable trust for themselves, family members, and friends, with distributions controlled through retained powers and a nonfiduciary power-…
Community-property trust gets incomplete-gift, power, and basis rulings with an income-tax caveat
A married couple in a community-property state created an irrevocable trust for themselves, family members, and friends, with distributions controlled through retained powers and a nonfiduciary power-…
Community-property trust gets incomplete-gift, power, and basis rulings with an income-tax caveat
A married couple in a community-property state created an irrevocable trust for themselves, family members, and friends, with distributions controlled through retained powers and a nonfiduciary power-…
Community-property trust gets incomplete-gift, power, and basis rulings with an income-tax caveat
A married couple in a community-property state created an irrevocable trust for themselves, family members, and friends, with distributions controlled through retained powers and a nonfiduciary power-…
Securities partnership receives late mixed straddle account relief
A partnership trading securities, commodities, and derivatives had timely elected mixed straddle accounts in earlier years. Its sole internal tax employee left without preparing the required Form 6781…
Court-approved restructuring of an insolvent long-term-care insurer's policies is tax-neutral to policyholders
Two affiliated life insurance companies that sold long-term care policies became insolvent and were placed into court-supervised liquidation, and a state court approved a plan to restructure their pol…
Late § 853 and § 1296 elections allowed for a mutual fund after a missed return deadline
A mutual fund taxed as a regulated investment company (RIC) needed to make two elections on its return: a § 853 election to pass foreign tax credits through to shareholders, and a § 1296 election to m…
Late § 853 and § 1296 elections allowed for a mutual fund after a missed return deadline
A mutual fund taxed as a regulated investment company (RIC) needed to make two elections on its return: a § 853 election to pass foreign tax credits through to shareholders, and a § 1296 election to m…
Late § 853 and § 1296 elections allowed for a mutual fund after a missed return deadline
A mutual fund taxed as a regulated investment company (RIC) needed to make two elections on its return: a § 853 election to pass foreign tax credits through to shareholders, and a § 1296 election to m…
Late Section 1022 carryover-basis election allowed for a 2010 decedent's estate
For people who died in 2010, a one-year quirk in the law let an estate choose between the reinstated estate tax and a special "carryover basis" regime under Internal Revenue Code § 1022, which is elec…
Grants 120 days for a late section 1022 election and basis allocation for a 2010 estate
The executor of an estate for a person who died in 2010 hired an attorney to prepare the estate's tax filings, but the attorney failed to file Form 8939 by the January 17, 2012 deadline. That form was…
Community-property incomplete-gift non-grantor trust gets six favorable rulings
A married couple in a community-property state set up an "incomplete-gift non-grantor" trust (often called an ING or, in community-property form, a CING) funded with their community property. The trus…
Community-property incomplete-gift non-grantor trust gets six favorable rulings
A married couple in a community-property state set up an "incomplete-gift non-grantor" trust (often called an ING or, in community-property form, a CING) funded with their community property. The trus…
Community-property incomplete-gift non-grantor trust gets six favorable rulings
A married couple in a community-property state set up an "incomplete-gift non-grantor" trust (often called an ING or, in community-property form, a CING) funded with their community property. The trus…
Community-property incomplete-gift non-grantor trust gets six favorable rulings
A married couple in a community-property state set up an "incomplete-gift non-grantor" trust (often called an ING or, in community-property form, a CING) funded with their community property. The trus…
Community-property incomplete-gift non-grantor trust gets six favorable rulings
A married couple in a community-property state set up an "incomplete-gift non-grantor" trust (often called an ING or, in community-property form, a CING) funded with their community property. The trus…
Community-property incomplete-gift non-grantor trust gets six favorable rulings
A married couple in a community-property state set up an "incomplete-gift non-grantor" trust (often called an ING or, in community-property form, a CING) funded with their community property. The trus…
Consent granted for a retroactive QEF election on a PFIC investment
A U.S. financial-services firm held a minority stake, through a U.S. subsidiary, in a foreign special-purpose vehicle used in a building-redevelopment financing. That foreign company was a passive for…
Approves section 355 internal and external distributions for a business separation
A publicly traded consolidated group proposed separating one business through asset and subsidiary transfers, an internal distribution, a contribution to a new controlled corporation, and an external …
Approves QTIP trust division and charitable renunciation
A surviving spouse proposed dividing a qualified terminable interest property trust into two separate trusts with identical terms, then renouncing all interests in one trust so its assets would pass t…
Applies related-party exchange exception to later nonrecognition transfers
A partnership acquired two real properties from a related corporation in a section 1031 exchange and proposed disposing of both within two years. One property would enter another like-kind exchange un…
Approves partition of grandfathered trust into family-line trusts
An irrevocable trust created before September 25, 1985, benefited a granddaughter and her descendants. A court ordered that, at the granddaughter's death, the trust be divided pro rata into separate t…
Taxpayer could revoke a mistaken election out of installment reporting
A taxpayer used a qualified intermediary for a deferred exchange of real property that began late in one tax year and finished in the next. The accountant incorrectly believed that a Form 1099-S requi…
Spectrum auction sales occurred under threat of involuntary conversion
A television broadcaster relinquished spectrum rights for three stations through the FCC's incentive auction. The broadcaster represented that declining the auction would likely have caused the FCC to…
Taxpayer received extra time for mixed straddle election
A limited liability company intended to make its customary election to establish mixed straddle accounts for foreign currency contracts held through a foreign partnership. Confusion among the company'…
Court-approved trust partition caused no income, gift, or GST tax
A trust that became irrevocable before September 25, 1985 had previously been divided along family lines. A court later approved modifying one resulting trust so that, after the current beneficiary's …
Family trust could divide into seventeen separate trusts without tax
An irrevocable family trust created before September 25, 1985 proposed dividing into seventeen equal trusts, one for each grandchild's family line. Each new trust would retain materially similar distr…
Trust could divide into four family-line trusts without tax
An irrevocable trust created before September 25, 1985 benefited a grandchild's descendants, their spouses, and selected charities. Its trustees proposed dividing the trust equally into four trusts, o…
Four-way family trust division preserved tax treatment
An irrevocable pre-1985 trust benefited a grandchild's descendants and spouses, as well as charities chosen by the trustees. The trustees proposed creating four equal trusts, each centered on one grea…
Five-way family trust division produced no tax
A pre-1985 irrevocable trust for family members and selected charities proposed dividing into five equal trusts, one for each great-grandchild's family line. The divided trusts would use materially si…
FCC spectrum sale qualified as an involuntary conversion
A television broadcaster sold a station's spectrum rights to the FCC through an incentive auction rather than face likely forced relocation to a different channel through the FCC's repacking process. …
Permits retroactive QEF election after adviser missed PFIC status
A U.S. shareholder indirectly owned shares of a foreign corporation that its accounting firm failed to identify as a passive foreign investment company. A law firm later identified the PFIC filing req…
Trust modifications preserve GST status without gifts or gain
An irrevocable trust with a zero generation-skipping transfer tax inclusion ratio was modified to protect two beneficiaries with medical or capacity concerns. The changes replaced a grandchild's manda…
Trust construction excluding adoptees causes no transfer taxes or gain
A trust created before September 25, 1985, used the undefined terms “issue” and “children” to describe beneficiaries. After one child adopted two adults, the settlor attested that the trust had always…
Blood-descendant trust construction preserves tax treatment
A trust created before September 25, 1985, used the undefined terms “issue,” “descendants,” and “children” to identify beneficiaries. After one child adopted two adults, the living settlor attested th…
Allows a RIC to revoke PFIC mark-to-market elections
A regulated investment company had made mark-to-market elections for stock in three passive foreign investment companies because those companies did not provide the annual information statements neede…
Taxpayer may make retroactive QEF elections for 31 PFIC subsidiaries
A U.S. taxpayer owned a foreign company and 31 direct or indirect subsidiaries that were passive foreign investment companies. Competent tax advisers had not identified the entities as PFICs and there…
Taxpayer may make retroactive QEF elections for seven PFICs
A foreign citizen working in the United States became a U.S. person while owning direct or indirect interests in seven passive foreign investment companies. The taxpayer disclosed the interests to an …
Investment partnership receives 60 days to make late PFIC mark-to-market elections
An investment portfolio taxed as a partnership owned stock in six passive foreign investment companies and decided to make section 1296 mark-to-market elections for them. Its accounting firm prepared …
Investment partnership receives 60 days to make late PFIC elections for seven companies
An investment portfolio taxed as a partnership owned stock in seven passive foreign investment companies and decided to make section 1296 mark-to-market elections for them. Its accounting firm prepare…
Investment partnership receives 60 days to make late PFIC elections for four companies
An investment portfolio taxed as a partnership owned stock in four passive foreign investment companies and decided to make section 1296 mark-to-market elections for them. Its accounting firm prepared…
Investment partnership receives 60 days to make late PFIC elections for 12 companies
An investment portfolio taxed as a partnership owned stock in 12 passive foreign investment companies and decided to make section 1296 mark-to-market elections for them. Its accounting firm prepared a…
Incomplete-gift trust receives favorable tax rulings
A married couple in a community property state created an irrevocable domestic trust whose distribution committee could act unanimously or with a grantor's consent. The IRS ruled that the grantors' re…
Incomplete-gift trust receives favorable tax rulings
A married couple in a community property state created an irrevocable domestic trust whose distribution committee could act unanimously or with a grantor's consent. The IRS ruled that the grantors' re…
Incomplete-gift trust receives favorable tax rulings
A married couple in a community property state created an irrevocable domestic trust whose distribution committee could act unanimously or with a grantor's consent. The IRS ruled that the grantors' re…
Foreign corporation receives relief for two late tax elections
A foreign corporation sold its interest in a partnership holding U.S. real property and later learned that the sale produced taxable gain. It wanted to elect out of installment reporting and report th…
Estate gets 120 days to make 2010 carryover-basis election
A nonresident noncitizen died in 2010, and the decedent's U.S.-situs property passed to the surviving spouse. The spouse did not file Form 8939 by the January 17, 2012 deadline, so the estate did not …
A community property trust received favorable income, gift, estate, and basis rulings
A married couple transferred community property to an irrevocable domestic trust whose distribution decisions were controlled through a power-of-appointment committee and retained grantor powers. The …
Retained powers kept community property trust contributions incomplete for gift tax
Spouses placed community property in an irrevocable domestic trust that used a committee to direct distributions and gave the spouses retained distribution and testamentary powers. The IRS ruled that …
New U.S. resident could make retroactive QEF elections for foreign companies
An individual acquired shares in three foreign companies while treated as a nonresident alien, then moved to the United States and elected U.S. tax residency. The companies were passive foreign invest…
Retroactive QEF elections granted for two PFIC investments
A partnership invested in two passive foreign investment companies and relied on a qualified accounting firm for international tax advice and return preparation. The firm failed to identify the compan…
Related-party securities transfers produced no deductible losses
An individual and a hedge-fund partnership transferred publicly traded securities to a broker's proprietary trading account and reported tax losses. The individual controlled that account and retained…
Estate receives 120 days for late 2010 carryover-basis election
The estate of a nonresident alien who died in 2010 intended to elect the modified carryover-basis rules under section 1022 instead of the reinstated estate tax rules. The estate's attorneys failed to …
Trust conversion is nontaxable and not self-dealing but gives no new deduction
A split-interest trust proposed adding a substitution power that would convert it from a nongrantor trust to a grantor trust. The power would be held in a nonfiduciary capacity by the grantor's siblin…
Trust conversion is nontaxable and not self-dealing but gives no new deduction
A split-interest trust proposed adding a substitution power that would convert it from a nongrantor trust to a grantor trust. The power would be held in a nonfiduciary capacity by the grantor's siblin…
Trust conversion is nontaxable and not self-dealing but gives no new deduction
A split-interest trust proposed adding a substitution power that would convert it from a nongrantor trust to a grantor trust. The power would be held in a nonfiduciary capacity by the grantor's siblin…
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.