How would I obtain a private letter ruling?

To obtain a private letter ruling from the IRS, you need to follow a specific process that involves submitting a detailed request to the appropriate IRS office. Here are the steps and requirements based on the provided information:

1. Identify the Need for a Private Letter Ruling:
   • Determine if your situation warrants a private letter ruling. The IRS issues private letter rulings on specific issues affecting an organization or individual, particularly when there is uncertainty about the tax implications of a proposed or completed transaction.
2. Prepare the Request:
   • Your request should be submitted in duplicate and must include all the information requested in the relevant revenue procedure (e.g., Revenue Procedure 2024-5).
   • The request should contain a complete statement of all relevant facts, a full analysis of the law, and a discussion of any relevant court cases, revenue rulings, revenue procedures, and other authorities.
   • Include a letter explaining the question or questions you want resolved or the information you need from the ruling.
   • Attach copies of any relevant documents, such as distributions, guaranteed amounts, annuity rates, and annuity options available to you.
3. User Fee:
   • A user fee is required for processing the request. The fee must be paid by check or money order and is non-refundable. The specific amount of the user fee is prescribed in the revenue procedure.
4. Submission:
   • Mail the request to the appropriate IRS office as discussed in the relevant revenue procedure. Ensure that the request is submitted before the return is filed for the year in which the transaction was completed if it involves a completed transaction.
5. Additional Requirements for Specific Situations:
   • If someone other than you, an attorney, a certified public accountant, or an enrolled agent is signing the request, a power of attorney must be included. You may use Form 2848, Power of Attorney and Declaration of Representative, for this purpose.
   • For certain types of organizations, such as public charities or private foundations, specific issues may require a determination letter or advance approval from the IRS before undertaking a transaction.
6. Restrictions:
   • The IRS will not issue a private letter ruling on a question that is the same as or substantially similar to a question pending before the IRS or on which the IRS has already issued a ruling to the taxpayer.
   • The IRS generally does not issue rulings on completed transactions unless the request is submitted before the return is filed for the year in which the transaction was completed.

By following these steps and ensuring that all required information and documentation are included, you can submit a request for a private letter ruling to the IRS.

Sources:
Publication 4221-NC (9/2014)
Publication 4221-PC (3/2018)
Instructions for Form 8821 (09/2021)
Instructions for Form 2848 (09/2021)
Publication 557 (1/2024)
Publication 4221-PF (8/2014)
Publication 2188