[Code of Federal Regulations]
[Title 26, Volume 18]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR301.9100-1]

[Page 690]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
                              General Rules
 
Sec. 301.9100-1  Extensions of time to make elections.

    (a) Introduction. The regulations under this section and Sec. Sec. 
301.9100-2 and 301.9100-3 provide the standards the Commissioner will 
use to determine whether to grant an extension of time to make a 
regulatory election. The regulations under this section and Sec. 
301.9100-2 also provide an automatic extension of time to make certain 
statutory elections. An extension of time is available for elections 
that a taxpayer is otherwise eligible to make. However, the granting of 
an extension of time is not a determination that the taxpayer is 
otherwise eligible to make the election. Section 301.9100-2 provides 
automatic extensions of time for making regulatory and statutory 
elections when the deadline for making the election is the due date of 
the return or the due date of the return including extensions. Section 
301.9100-3 provides extensions of time for making regulatory elections 
that do not meet the requirements of Sec. 301.9100-2.
    (b) Terms. The following terms have the meanings provided below--
    Election includes an application for relief in respect of tax; a 
request to adopt, change, or retain an accounting method or accounting 
period; but does not include an application for an extension of time for 
filing a return under section 6081.
    Regulatory election means an election whose due date is prescribed 
by a regulation published in the Federal Register, or a revenue ruling, 
revenue procedure, notice, or announcement published in the Internal 
Revenue Bulletin (see Sec. 601.601(d)(2) of this chapter).
    Statutory election means an election whose due date is prescribed by 
statute.
    Taxpayer means any person within the meaning of section 7701(a)(1).
    (c) General standards for relief. The Commissioner in exercising the 
Commissioner's discretion may grant a reasonable extension of time under 
the rules set forth in Sec. Sec. 301.9100-2 and 301.9100-3 to make a 
regulatory election, or a statutory election (but no more than 6 months 
except in the case of a taxpayer who is abroad), under all subtitles of 
the Internal Revenue Code except subtitles E, G, H, and I.
    (d) Exceptions. Notwithstanding the provisions of paragraph (c) of 
this section, an extension of time will not be granted--
    (1) For elections under section 4980A(f)(5); or
    (2) For elections that are expressly excepted from relief or where 
alternative relief is provided by a statute, a regulation published in 
the Federal Register, or a revenue ruling, revenue procedure, notice, or 
announcement published in the Internal Revenue Bulletin (see Sec. 
601.601(d)(2) of this chapter).
    (e) Effective dates. In general, this section and Sec. Sec. 
301.9100-2 and 301.9100-3 apply to all requests for an extension of time 
submitted to the Internal Revenue Service (IRS) on or after December 31, 
1997. However, the automatic 12-month and 6-month extensions provided in 
Sec. 301.9100-2 apply to elections for which corrective action is taken 
on or after December 31, 1997. For other requests for an extension of 
time, see Sec. Sec. 301.9100-1T through 301.9100-3T in effect prior to 
December 31, 1997 (Sec. Sec. 301.9100-1T through 301.9100-3T as 
contained in the 26 CFR part 1 edition revised as of April 1, 1997).

[T.D. 8742, 62 FR 68169, Dec. 31, 1997]