IRS written determination 201518006

Private letter rulings and published taxpayer determination letters. Native document type is retained separately; a determination letter is not labeled a private letter ruling. These taxpayer-specific releases cannot be used or cited as precedent under 26 USC 6110(k)(3); applicability and current legal force are not independently certified. Keep repeated UILC subjects attached to one actual numbered document.

Internal Revenue Service
Department of the Treasury
Washington, DC 20224
Number: 201518006
Release Date: 5/1/2015
Index Numbers: 9100.00-00, 9100.31-00
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Third Party Communication: None
Date of Communication: Not Applicable
Person To Contact:
--------------------------, ID No. ------------
Telephone Number:
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Refer Reply To:
CC:PSI:B03
PLR-124977-14
Date:
December 02, 2014
LEGEND
Taxpayer=-------------------------------------------------------------------------------------------------
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Country=-------------
Date 1=--------------------------
X=-------------------
Y=-------------------------------------------------------------------------------------------------
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Dear ------------:
This letter responds to a letter dated June 23, 2014, submitted on behalf of X by
its authorized representative, requesting an extension of time under §301.9100-3 of the
Procedure and Administration Regulations to file an election under §301.7701-3 to be
classified as a disregarded entity for federal tax purposes.
FACTS
X was formed under the laws of Countryon Date 1. Since Date 1, X has been
wholly owned by Y, which is wholly owned by Taxpayer. X represents that it is a foreign

PLR-124977-142
entity eligible to elect to be classified as a disregarded entity for federal tax purposes. X
intended to be classified as a disregarded entity effective Date 1. However, due to
inadvertence, X failed to timely file Form 8832, Entity Classification Election.
LAW AND ANALYSIS
Section 301.7701-3(a) provides that a business entity that is not classified as a
corporation under § 301.7701-2(b)(1), (3), (4), (5), (6), (7) or (8) (an eligible entity) can
elect its classification for federal tax purposes as provided in §301.7701-3. An eligible
entity with at least two members can elect to be classified as either an association (and
thus a corporation under §301.7701-2(b)(2)) or a partnership, and an eligible entity with
a single owner can elect to be classified as an association or to be disregarded as an
entity separate from its owner.
Section 301.7701-3(b)(2)(i) provides that, unless it elects otherwise, a foreign
eligible entity is (A) a partnership if it has two or more members and at least one
member does not have limited liability; (B) an association if all members have limited
liability; or (C) disregarded as an entity separate from its owner if it has a single owner
that does not have limited liability.
Section 301.7701-3(b)(2)(ii) provides that a member of a foreign eligible entity
has limited liability if the member has no personal liability for the debts of or claims
against the entity by reason of being a member.
Section 301.7701-3(c)(1)(i) provides, in part, that an eligible entity may elect to
be classified other than as provided under § 301.7701-3(b), or to change its
classification, by filing Form 8832 with the service center designated on Form 8832.
Section 301.7701-3(c)(1)(iii) provides that an election made under
§ 301.7701-3(c)(1)(i) will be effective on the date specified by the entity on Form 8832
or on the date filed if no such date is specifiedon the election form. The effective date
specified on Form 8832 can not be more than 75 days prior to the date on which the
election is filed and can not be more than 12 months after the date on which the election
is filed.
Section 301.9100-1(c) provides that the Commissioner may grant a reasonable
extension of time to make a regulatory election, or a statutory election (but no more than
six months except in the case of a taxpayer who is abroad), under all subtitles of the
Internal Revenue Code (Code), except subtitles E, G, H, and I. Section 301.9100-1(b)
defines a regulatory election as an election whose due date is prescribed by a
regulation published in the Federal Register, or revenue ruling, revenue procedure,
notice, or announcement published in the Internal Revenue Bulletin.

PLR-124977-14
3
Section 301.9100-2 provides the rules governing automatic extensions of time for
making certain elections.
Section 301.9100-3 provides extensions of time for making regulatory elections
that do not meet the requirements of §301.9100-2. Section 301.9100-3(a) provides
that requests for relief subject to §301.9100-3 will be granted when the taxpayer
provides the evidence (including affidavits described in §301.9100-3(e)) to establish to
the satisfaction of the Commissioner that the taxpayer acted reasonably and in good
faith, and the grant of relief will not prejudice the interests of the Government.
CONCLUSION
Based solely on the information submitted and the representations made, we
conclude that X has satisfied the requirements of §§ 301.9100-1 and 301.9100-3. As a
result, X is granted an extension of time of 120 days from the date of this letter to file a
properly executed Form 8832 with the appropriate service center electing to be
classified as a disregarded entity effective Date 1. A copy of this letter should be
attached to the Form 8832.
Except for the specific ruling above, we express or imply no opinion concerning
the federal tax consequences of the facts of this case under any other provision of the
Code. In addition, § 301.9100-1(a) provides that the granting of an extension of time for
making an election is not a determination that the taxpayer is otherwise eligible to make
the election.
This ruling is directed only to the taxpayer requesting it. Section 6110(k)(3) of
the Code provides that it may not be used or cited as precedent.
Pursuant to a power of attorney on file with this office, we are sending a copy of
this letter to X’s authorized representative.

PLR-124977-14
4
The ruling contained inthis letter is based upon information and representations
submitted by the taxpayer and accompanied by a penalty of perjury statement executed
by an appropriate party. While this office has not verified any of the material submitted
in support of the ruling request, it is subject to verification on examination.
Sincerely,
Associate Chief Counsel
(Passthroughs & Special Industries)
By:___________________________________
Holly Porter
Branch Chief, Branch 3
Office of Associate Chief Counsel
(Passthroughs & Special Industries)
Enclosures (2):
Copy of this letter
Copy for § 6110 purposes
cc: