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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Partnership granted extension to make late section 754 election
A limited liability company treated as a partnership intended to make a section 754 election but inadvertently failed to attach a valid election to its timely partnership return. The IRS found that th…
Estate granted extension to elect portability of unused exclusion
An estate that represented it was not otherwise required to file Form 706 failed to file a timely return electing portability of the decedent's unused estate and gift tax exclusion to the surviving sp…
Extension granted for late section 336(e) election
A consolidated group's parent distributed all the stock of several target corporations and intended the qualified stock disposition to be treated as an asset sale under section 336(e), but the parties…
Estate received 120 days to make a late portability election
An estate that was not otherwise required to file Form 706 missed the deadline to elect portability of the deceased spouse's unused estate and gift tax exclusion. The estate requested regulatory relie…
Late taxable REIT subsidiary election treated as timely
A real estate investment trust and its wholly owned subsidiary intended the subsidiary to operate a restaurant as a taxable REIT subsidiary. An internal communication failure left the finance team and…
Partnership received 120 days to make a late section 754 election
A partnership missed the deadline to make a section 754 election after one of its partners died. The IRS found that the partnership satisfied the standards for regulatory election relief and granted 1…
Late qualified opportunity fund self-certification accepted
A partnership was formed to operate as a qualified opportunity fund, but its accountant did not know that Form 8996 had to be filed on time to make the required self-certification election. The partne…
Late QSub election extension granted
An S corporation acquired all the stock of a subsidiary and intended to treat it as a qualified subchapter S subsidiary, but did not file Form 8869 on time. The parent and subsidiary reported all rele…
Estate received 120 days to make a late portability election
An estate that was not otherwise required to file Form 706 missed the deadline to elect portability of the deceased spouse's unused exclusion amount. The estate requested relief so the surviving spous…
Estate received 120 days to make a late portability election
An estate that was not otherwise required to file Form 706 missed the deadline to elect portability of the deceased spouse's unused exclusion amount. The estate requested regulatory relief so the surv…
Partnership received 120 days to make a late section 754 election
A foreign limited partnership intended to make a section 754 election but inadvertently omitted the election from its timely partnership return. The IRS found that the partnership satisfied the regula…
Late section 336(e) election extension granted
A partnership acquired more than 80% of an S corporation through a disregarded entity, and the parties intended to treat the stock sale as an asset sale under section 336(e). They entered the required…
Late section 336(e) election extension granted
A purchaser acquired all stock of an S corporation, and the parties intended to elect under section 336(e) to treat the stock sale as an asset sale. They did not timely attach the election statement t…
Partnership received 120 days to make a late section 754 election
A limited liability company taxed as a partnership intended to make a section 754 election but failed to include it with its return. The IRS accepted the company's representations that it acted reason…
QOF self-certification accepted after filing with the wrong return
A limited liability company was formed to operate as a qualified opportunity fund and had elected S corporation status. Because its lawyer did not tell the accounting firm about that election, the fir…
Partnership may revoke election out of bonus depreciation
A partnership elected out of 100% additional first-year depreciation for its 5-year, 7-year, and 15-year qualified property after relying on its return preparer. A later preparer reviewing the return …
Partnership may revoke election out of bonus depreciation
A partnership elected out of 100% additional first-year depreciation for its 5-year, 7-year, and 15-year qualified property after relying on its return preparer. A later preparer would have advised ag…
Partnership received 120 days to make a late section 754 election
A partnership had previously made a section 754 election, but a later ownership change caused a technical termination under the law then in effect. After another partner-interest purchase, the partner…
Late QSub elections granted for three subsidiaries
An S corporation acquired all the stock of three subsidiaries and intended to treat each as a qualified subchapter S subsidiary from its respective acquisition date. It inadvertently failed to file th…
Prior section 754 election deadline extended by 60 days
The IRS had previously issued a private letter ruling concerning the taxpayer's deadline to file a section 754 election. This supplemental ruling does not restate the facts or analysis from the earlie…
Pre-2018 Roth IRA contributions may be recharacterized
A financial institution removed the word “Roth” from an IRA's displayed account title while processing the taxpayer's name change, although the account remained coded internally as a Roth IRA. Unaware…
Late qualified opportunity fund self-certification accepted
A partnership was formed to operate as a qualified opportunity fund, but its manager believed no federal return was required for the first year because the entity had no business activity. After the r…
Late multiple-building housing credit election allowed
A low-income housing taxpayer intended to treat all buildings in a project as one multiple-building project but inadvertently omitted the election from Forms 8609. The IRS found that the taxpayer met …
Corporation received extra time to request tax-year change
A corporate parent wanted to align its federal tax year with a new financial reporting year. Its accounting firm agreed to prepare the short-period filings, but internal miscommunications between two …
LLC received extra time to elect corporate classification
A limited liability company intended to be classified as an association taxable as a corporation from the date it was formed. It did not timely file Form 8832 to make that entity-classification electi…
Taxpayer received extra time to submit duplicate Forms 3115
A corporate parent filed two original Forms 3115 with its consolidated return for an acquired subsidiary and reported the requested accounting method changes. It failed, however, to send the required …
Estate received extra time to elect portability
A decedent's estate was not otherwise required to file Form 706 but needed a timely estate tax return to transfer the deceased spousal unused exclusion amount to the surviving spouse. The estate did n…
Consolidated group received extra time for closing-of-the-books election
A consolidated group experienced an ownership change that limited the use of its pre-change losses under IRC § 382. It did not timely elect to close its books on the change date when allocating income…
Foreign entity received extra time to elect partnership status
A foreign entity intended to be classified as a partnership for U.S. federal tax purposes from its formation date but inadvertently failed to file Form 8832 on time. The IRS found that the entity met …
Estate received extra time to elect portability
A decedent's estate was not otherwise required to file Form 706 but needed a timely estate tax return to transfer the deceased spousal unused exclusion amount to the surviving spouse. The estate did n…
IRS grants 120 days to make a late partnership basis election
A limited liability company taxed as a partnership missed the deadline to elect under IRC § 754 after a 50 percent general partner died. That election allows the partnership to adjust the basis of its…
LLC receives 120 days to file a late disregarded-entity election
A limited liability company intended to elect disregarded-entity status for federal tax purposes but did not timely file Form 8832. The company and its owner had filed tax returns consistent with that…
Corporation receives extra time for a foreign tax redetermination election
A domestic corporation had five foreign tax redeterminations involving two wholly owned foreign subsidiaries. It chose an election under Treas. Reg. § 1.905-5(e)(1) that would account for those change…
Late-filed return is treated as a timely REIT election
A limited liability company taxed as a corporation intended to elect real estate investment trust status by filing Form 1120-REIT for its first REIT year. Its accounting firm electronically filed an e…
IRS treats a late first-year REIT return as a timely election
A limited liability company taxed as a corporation planned to elect real estate investment trust status by filing Form 1120-REIT for its first REIT year. Its accounting firm timely transmitted Form 70…
Trust receives relief for a late first-year REIT election
A trust formed to invest in real estate intended to elect real estate investment trust status from its formation date. Its accounting firm electronically filed an extension for the first Form 1120-REI…
LLC receives relief for a late first-year REIT election
A limited liability company formed to invest in real estate intended to elect real estate investment trust status from its formation date. Its accounting firm electronically filed an extension for the…
IRS grants late S corporation and QSub elections
A limited liability company intended to be taxed as an S corporation but inadvertently failed to file Form 2553 on time. Through a reorganization, it also became the sole owner of another limited liab…
Corporation receives 90 days to file a missing IC-DISC election
A corporation was formed to operate as an interest charge domestic international sales corporation, or IC-DISC, for exports of machine components made by its parent. Its accounting firm prepared Form …
Partnership receives 120 days to make a late § 754 election
A partnership missed the deadline to make a § 754 election for the year a partner died because its tax advisers did not adequately advise it about the election. The partnership represented that it act…
Corporation receives 45 days to file a late tax-year change request
A domestic accrual-method corporation sought to change its annual accounting period by filing Form 1128. An administrative error caused it to miss the form's deadline, but the corporation mailed the f…
Loss corporation receives 75 days for a late closing-of-the-books election
A loss corporation underwent a § 382 ownership change, which limited its use of pre-change losses against later income. It missed the deadline to elect the closing-of-the-books method for dividing inc…
REIT and hotel operator receive 90 days for a late TRS election
A real estate investment trust indirectly owned a company that leased a hotel from another REIT subsidiary and hired an independent contractor to operate it. The REIT and company intended to elect tax…
Estate receives 120 days to correct a missed QTIP election
A decedent's revocable trust became irrevocable at death and directed part of the remaining assets to a marital trust for the surviving spouse. The spouse was entitled to all trust income at least qua…
Estate receives 120 days to give notice of a partial QTIP trust division
A revocable trust divided at the first spouse's death into a survivor's trust and a marital trust for the surviving spouse. The estate timely elected QTIP treatment for part of the marital trust but l…
Nine foreign entities receive 120 days for late disregarded-entity elections
Nine foreign eligible entities intended to be treated as disregarded entities for federal tax purposes from their respective formation or requested effective dates. Each failed to timely file Form 883…
Twenty-three foreign entities receive late disregarded-entity elections
Twenty-three foreign eligible entities were classified by default as associations taxable as corporations. Each intended to change to disregarded-entity status on the same effective date but failed to…
Partnership receives 120 days for a late § 754 election after an interest sale
A limited liability company taxed as a partnership engaged in a transaction that it represented was a sale of partnership interests for federal tax purposes. It inadvertently failed to make a § 754 el…
LLC receives relief for a late first-year REIT election
A limited liability company formed to invest in real estate intended to elect real estate investment trust status from its formation date. Its accounting firm timely transmitted Form 7004 electronical…
Partnership receives limited time to make a late § 754 election
A limited liability company taxed as a partnership intended to make a § 754 election but inadvertently failed to file a valid election with its partnership return. The IRS concluded that the partnersh…
Parties receive more time to file a section 336(e) election statement
A partnership-taxed purchaser acquired all the stock of an S corporation through a disregarded entity. The parties intended to elect under section 336(e) to treat the qualified stock disposition as an…
Partnership receives 120 days to make a late section 754 election
A partnership failed to file a section 754 election for the tax year in which one of its partners died. That election allows partnership property basis adjustments following certain distributions or t…
LLC may change classification within the 60-month limit
A limited liability company had elected to be taxed as a corporation and wanted to change to disregarded-entity status less than 60 months later. The entity-classification regulations generally preven…
Company received more time to elect out of tax-exempt controlled entity treatment
A corporation was treated as a tax-exempt controlled entity because tax-exempt partners held more than half of its parent. The corporation intended to elect under IRC § 168(h)(6)(F)(ii) not to be trea…
Corporation received 90 more days to file a signed IC-DISC election
A newly formed corporation intended from the outset to operate as an interest charge domestic international sales corporation. Its law firm filed Form 4876-A within the applicable election period, and…
Foreign insurer received 60 more days to elect domestic-corporation treatment
A foreign insurance company and its U.S. corporate parents consistently treated the insurer as though it had made an IRC § 953(d) election to be taxed as a domestic corporation and included it in thei…
Consolidated group received 75 more days to make a unified-loss stock-basis election
A consolidated group transferred a loss subsidiary, causing that subsidiary and its lower-tier companies to leave the group. The group could have elected under Treas. Reg. § 1.1502-36(d)(6)(i)(A) to r…
Partnership’s late Form 8996 was treated as a timely qualified opportunity fund election
A married couple formed a partnership to operate as a qualified opportunity fund but misunderstood counsel’s explanation of the entity’s tax-filing obligations. They believed the fund’s activity would…
Partnership received 120 more days to make its Section 754 basis election
A partnership intended to make an IRC § 754 election for a particular tax year but failed to include the election with its timely partnership return. The election would apply the basis-adjustment rule…
Foreign entity received 120 more days to elect disregarded-entity status
A foreign single-owner eligible entity intended to elect treatment as disregarded from its owner for federal tax purposes but inadvertently failed to file Form 8832. The IRS concluded that the entity …
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.