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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REIT received 45 more days to make its intended consent-dividend election
A real estate investment trust and its partnership shareholder had used consent dividends in prior years to support the REIT’s dividends-paid deduction. For the year at issue, the shareholder reported…
Partnership received 120 more days to make a Section 754 election after a partner’s death
Two individuals held partnership interests through grantor trusts, and one individual died during the year at issue. The partnership inadvertently failed to include an IRC § 754 election with its retu…
Estate received relief for a late alternate-valuation election after appraisals arrived
An estate timely filed Form 706 before third-party appraisers had completed valuations for estate assets. The personal representatives did not know about the IRC § 2032 alternate-valuation election, a…
QDOT trustee received 120 more days to report the surviving spouse’s U.S. citizenship
A noncitizen surviving spouse received estate assets through a qualified domestic trust and later became a U.S. citizen after continuously residing in the United States since the decedent’s death. IRC…
Estate received 120 more days to elect portability of unused exclusion to the surviving spouse
A decedent’s estate was not otherwise required to file Form 706 because of the represented value of the gross estate and taxable gifts. The decedent left a surviving spouse, who had since died, and an…
Estate received 120 days to make a late portability election
An estate that represented it was not otherwise required to file Form 706 missed the deadline to elect portability of the decedent’s unused estate and gift tax exclusion for the surviving spouse. Base…
S corporation target received more time to file section 336(e) election
The parties to the sale of all stock in an S corporation intended to elect under IRC § 336(e) to treat the qualified stock disposition as an asset disposition, but the target did not timely attach the…
Partnership received 120 days to make a late section 754 election
A partnership failed to make an IRC § 754 election for the year in which a partner died. The IRS concluded that the partnership met the standards for late regulatory-election relief and granted 120 da…
Partnership received 60 days to self-certify as an opportunity fund
A partnership formed to invest in qualified opportunity zones did not timely file its first Form 1065 or attach Form 8996 to self-certify as a qualified opportunity fund. Its manager believed an accou…
Estate received 120 days to make a late portability election
An estate that represented it was not otherwise required to file Form 706 missed the deadline to elect portability of the decedent’s unused estate and gift tax exclusion for the surviving spouse. Base…
Partnership received 120 days to make a late section 754 election
A limited partnership failed to make an IRC § 754 election for the year in which two partners died because its tax advisers did not adequately advise it about the election. The IRS found that the part…
Renewable facility received more time to elect the investment tax credit
A partnership upgraded two electricity-generating units but treated the upgrades as one project in its financial records. Because those records did not show that one unit had already been placed in se…
LLC received 120 days to elect disregarded-entity status
A limited liability company had elected corporate tax treatment when it was formed. After a restructuring, it became eligible to elect treatment as an entity disregarded from its owner but did not tim…
Foreign entity received 120 days to elect corporate classification
A foreign eligible entity intended to be classified as an association taxable as a corporation but did not timely file Form 8832. The IRS concluded that the entity met the standards for late regulator…
Partnership received 120 days to make a late section 754 election
A partnership failed to make an IRC § 754 election for the year in which a new partner purchased interests in it. The IRS concluded that the partnership met the standards for late regulatory-election …
Foreign purchaser received more time for section 338(g) elections
A foreign corporation intended to make IRC § 338(g) elections for its deemed acquisitions of two controlled foreign corporations but discovered after the deadline that valid elections may not have bee…
Partnership received 120 days to make a late section 754 election
A partnership failed to make an IRC § 754 election for the year in which new partners purchased interests in it. The IRS concluded that the partnership met the standards for late regulatory-election r…
Missed corporate extension did not defeat four regulatory elections
A corporate group doubled its federal and state filing workload after entering the mortgage-banking business, lost a recently hired tax director shortly before extension deadlines, and was transitioni…
Estate received 120 days to make a late portability election
An estate that represented it was not otherwise required to file Form 706 missed the deadline to elect portability of the decedent’s unused estate and gift tax exclusion for the surviving spouse. Base…
Affiliated group received 75 days to elect consolidated filing
An affiliated corporate group failed to timely elect to file a consolidated federal income tax return with its parent as common parent. The group sought relief before the IRS discovered the omission, …
Group received 75 days to apportion its section 382 limitation
Subsidiaries left a consolidated group while the group had a consolidated IRC § 382 limitation. The parent and departing subsidiaries failed to timely elect to apportion all or part of that limitation…
Taxpayer received 120 days to perfect CFC group elections
A U.S. consolidated group intended to make controlled-foreign-corporation group elections for two years under the IRC § 163(j) business-interest rules. It mistakenly computed under older proposed regu…
Foreign entity received 120 days to elect partnership classification
A foreign eligible entity intended to be classified as a partnership and filed its federal tax reports consistently with that treatment, but inadvertently failed to file Form 8832. The IRS concluded t…
Foreign entity received 120 days to elect corporate classification
A foreign eligible entity intended to be classified as an association taxable as a corporation but inadvertently failed to file Form 8832. The IRS concluded that the entity met the standards for late …
LLC received 120 days for corporate and S elections
A domestic LLC intended to elect association taxable as a corporation status and S corporation treatment effective on the same date, but filed neither Form 8832 nor Form 2553. The IRS concluded that t…
Partnership received 120 days to make a late section 754 election
An LLC that had changed from disregarded-entity to partnership status intended to make an IRC § 754 election when a buyer acquired a percentage interest, but did not timely file it. The IRS concluded …
Qualified opportunity fund received relief for a late Form 8996
A limited partnership was formed to operate as a qualified opportunity fund and hired an adviser to file its first-year return and related elections. The return and Form 8996 were not filed on time be…
Partnership received more time to elect out of bonus depreciation
A partnership intended not to claim bonus depreciation for any class of qualified property placed in service during a tax year. Its return preparer reflected that choice on Form 4562 but inadvertently…
LLC gets 60 more days to self-certify as a Qualified Opportunity Fund after its accountant missed the filing
An LLC (taxed as a partnership) was formed to invest in Qualified Opportunity Zone property, a program that lets investors defer and reduce tax on capital gains if they invest through a Qualified Oppo…
Foreign entity gets 120 more days to file a late "check-the-box" election to be a disregarded entity
A foreign business entity wanted to be treated as a "disregarded entity" for U.S. tax purposes, meaning it would be ignored as separate from its single owner (so the owner reports the entity's activit…
Real estate partnership gets more time to elect out of bonus depreciation and into the real-property interest rules
Two related tax choices are at issue. First, bonus depreciation under section 168(k) lets a business immediately deduct a large share of the cost of certain property, but a taxpayer can elect out of i…
Bank trustee gets more time to certify that a QDOT beneficiary became a U.S. citizen
When someone dies leaving property to a surviving spouse who is not a U.S. citizen, the usual estate-tax marital deduction is not allowed unless the property goes into a qualified domestic trust (QDOT…
Company gets more time to elect out of bonus depreciation after preparer omitted the statement
Bonus depreciation (additional first-year depreciation under section 168(k)) lets a business immediately deduct a large percentage of the cost of certain new equipment instead of spreading it over yea…
Estate gets more time to split a marital trust and make a reverse QTIP election for GST purposes
When a person dies leaving property in a marital trust for a surviving spouse, the estate can elect QTIP treatment so the property qualifies for the estate-tax marital deduction. For the generation-sk…
Foreign single-owner entity gets more time to elect disregarded-entity status
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, meaning it is treated as …
IRS denies a late portability election because the estate used hindsight
"Portability" lets a surviving spouse use the unused portion of a deceased spouse's federal estate-tax exclusion (the deceased spousal unused exclusion, or DSUE), but only if the first spouse's estate…
Foreign single-owner entity gets more time to elect disregarded-entity status
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, meaning it is treated as …
Foreign single-owner entity gets more time to elect disregarded-entity status
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, meaning it is treated as …
Exporter gets more time to elect IC-DISC status after filing the election three days late
An interest-charge domestic international sales corporation (IC-DISC) is a special export-incentive entity that lets a related U.S. business defer some tax on export income. To be one, a corporation m…
Buyer and seller of an S corporation get more time to elect asset-sale treatment for a stock purchase
When someone buys at least 80% of a corporation's stock, a section 336(e) election lets the parties treat the stock sale as if the company had instead sold all its assets, which can give the buyer a s…
Opportunity-fund gets more time to self-certify after its accountant left the form off the return
A limited liability company was set up to be a Qualified Opportunity Fund (QOF), the kind of investment vehicle that lets people defer and reduce tax on capital gains they reinvest in economically dis…
Partnership gets more time 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 an interest changes hands (here triggered by the death of an indir…
Foreign entity gets extra time to elect disregarded-entity (check-the-box) status
A foreign business entity with a single owner wanted to be treated as a "disregarded entity" for U.S. federal tax purposes, meaning it is ignored as separate from its owner. To do that it had to file …
Supplemental ruling giving an entity a fresh 60 days for a late check-the-box election
This short letter supplements and modifies an earlier private letter ruling (PLR-110110-23, issued February 23, 2024). It updates the legend (the redacted list of defined terms) in that earlier ruling…
9100 relief for a late Form 8996 self-certifying a Qualified Opportunity Fund
A taxpayer set up an entity to be a Qualified Opportunity Fund (QOF), the vehicle that lets investors defer and reduce tax on capital gains reinvested in designated low-income areas. To become a QOF, …
9100 relief for a late Form 8996 self-certifying a Qualified Opportunity Fund
An LLC was formed to operate as a Qualified Opportunity Fund (QOF), the vehicle that lets investors defer and reduce tax on capital gains reinvested in designated low-income areas. To become a QOF, an…
9100 relief for late GILTI high-tax exclusion elections triggered by a treaty MAP adjustment
A US corporation owned a group of controlled foreign corporations (CFCs). US owners of CFCs generally must pay tax each year on "GILTI," a category of their foreign subsidiaries' income, but they can …
9100 relief for a lower-tier partnership's late section 754 election
This ruling involves a tiered partnership structure: an upper-tier partnership (UTP) held a lower-tier partnership (LTP). After some restructuring, the partners of the upper-tier partnership sold thei…
9100 relief for a late taxable REIT subsidiary election on Form 8875
A company that planned to be taxed as a real estate investment trust (REIT) wanted one of its subsidiaries to be treated as a "taxable REIT subsidiary" (TRS). A TRS is a corporation a REIT can own tha…
9100 relief for a foreign entity's late check-the-box election to be disregarded
A foreign entity wanted to be treated as a disregarded entity for US federal tax purposes, effective from the date it was formed. A disregarded entity is ignored as separate from its owner, so its inc…
9100 relief for a late section 336(e) election treating an S corporation stock sale as an asset sale
The shareholders of an S corporation sold its stock to a buyer that is taxed as a partnership. A section 336(e) election lets the parties treat a qualifying stock sale as if it were a sale of the corp…
9100 relief for late check-the-box elections by six foreign entities
A US partnership held, through a foreign corporation, interests in six foreign entities. Those entities wanted to choose how they are treated for US tax purposes: four as partnerships and two as disre…
9100 relief for late Forms 8996 self-certifying a Qualified Opportunity Fund
An LLC taxed as a partnership was formed to operate as a Qualified Opportunity Fund (QOF), the vehicle that lets investors defer and reduce tax on capital gains reinvested in designated low-income are…
9100 relief for a late section 754 basis-adjustment election
An LLC taxed as a partnership meant to make a section 754 election for the year in which new buyers acquired interests in it, but it missed the filing deadline. A section 754 election lets a partnersh…
9100 relief for a late section 754 basis-adjustment election
An LLC taxed as a partnership meant to make a section 754 election for the year in which new buyers acquired interests in it, but it missed the filing deadline. A section 754 election lets a partnersh…
9100 relief for a late section 754 basis-adjustment election
An LLC taxed as a partnership meant to make a section 754 election for the year in which new buyers acquired interests in it, but it missed the filing deadline. A section 754 election lets a partnersh…
9100 relief for a late section 754 basis-adjustment election
An LLC taxed as a partnership meant to make a section 754 election for the year in which new buyers acquired interests in it, but it missed the filing deadline. A section 754 election lets a partnersh…
9100 relief to make a late section 754 basis-adjustment election for a partnership
When someone buys into a partnership or the partnership distributes property, a Section 754 election lets the partnership adjust the tax basis of its assets so the new or continuing partners get basis…
9100 relief to file a late election treating a foreign entity as a corporation
A business entity can choose how it is taxed by "checking the box" on Form 8832, an election called an entity classification election. An eligible foreign entity can elect to be treated as an associat…
9100 relief to make a late election to file a consolidated corporate return
A group of related corporations can choose to file one combined ("consolidated") federal income tax return instead of separate returns, with a parent company as the common parent. That election is mad…
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.