Frequently Asked Questions
Who is eligible for the Postponement of Public Disclosure for Private Rulings?
Available to taxpayers who have requested a written determination (like a Private Letter Ruling). Requires a written request establishing that the transaction is not yet complete or that good cause exists for delay.
How does the Postponement of Public Disclosure for Private Rulings work?
Taxpayers who receive private letter rulings can elect to delay the public inspection of their written determination until after a transaction is completed to protect proprietary deal structures.
What law authorizes the Postponement of Public Disclosure for Private Rulings?
The Postponement of Public Disclosure for Private Rulings is authorized under IRC §6110(g) of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §6110
Source: Internal Revenue Code, Title 26, United States Code
§ 6110. Public inspection of written determinations(a) General ruleExcept as otherwise provided in this section, the text of any written determination and any background file document relating to such written determination shall be open to public inspection at such place as the Secretary may by regulations prescribe.
(b) DefinitionsFor purposes of this section—(1) Written determination(A) In generalThe term “written determination” means a ruling, determination letter, technical advice memorandum, or Chief Counsel advice.
(B) ExceptionsSuch term shall not include any matter referred to in subparagraph (C) or (D) of section 6103(b)(2).
(2) Background file documentThe term “background file document” with respect to a written determination includes the request for that written determination, any written material submitted in support of the request, and any communication (written or otherwise) between the Internal Revenue Service and persons outside the Internal Revenue Service in connection with such written determination (other than any communication between the Department of Justice and the Internal Revenue Service relating to a pending civil or criminal case or investigation) received before issuance of the written determination.
(3) Reference and general written determinations(A) Reference written determinationThe term “reference written determination” means any written determination which has been determined by the Secretary to have significant reference value.
(B) General written determinationThe term “general written determination” means any written determination other than a reference written determination.
(c) Exemptions from disclosureBefore making any written determination or background file document open or available to public inspection under subsection (a), the Secretary shall delete—(1) the names, addresses, and other identifying details of the person to whom the written determination pertains and of any other person, other than a person with respect to whom a notation is made under subsection (d)(1), identified in the written determination or any background file document;
(2) information specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy, and which is in fact properly classified pursuant to such Executive order;
(3) information specifically exempted from disclosure by any statute (other than this title) which is applicable to the Internal Revenue Service;
(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;
(5) information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
(6) information contained in or related to examination, operating, or condition reports prepared by, or on behalf of, or for use of an agency responsible for the regulation or supervision of financial institutions; and
Showing first 3,000 characters of full section text.