SECTION 4. APPLICATION

.01 Eligibility for relief. A taxpayer is eligible for an extension of time to file a § 1.469–9(g) election under Section 4.03 of this revenue procedure if the taxpayer represents on a statement that satisfies the procedural requirements of section 4.02 of this section and under penalties of perjury that it meets all of the following requirements:

(1) the taxpayer failed to make an election under § 1.469–9(g) solely because the taxpayer failed to timely meet the requirements in §1.469–9(g);

(2) the taxpayer filed consistently with having made an election under § 1.469–9(g) on any return that would have been affected if the taxpayer had timely made the election. The taxpayer must have filed all required federal income tax returns consistent with the requested aggregation for all of the years including and following the year the taxpayer intends the requested aggregation to be effective and no tax returns containing positions inconsistent with the requested aggregation may have been filed by or with respect to the taxpayer during any of the taxable years;

(3) the taxpayer timely filed each return that would have been affected by the election if it had been timely made. The taxpayer will be treated as having timely filed a required tax or information return if the return is filed within 6 months after its due date, excluding extensions;

(4) the taxpayer has reasonable cause for its failure to meet the requirements in § 1.469–9(g).

.02 Procedural requirements for re- questing relief. The taxpayer must attach the statement required by § 1.469–9(g)(3) to an amended return for the most recent tax year and mail the amended return to the IRS service center where the taxpayer will file its current year tax return. The statement must contain the declaration required by § 1.469–9(g)(3), must

26 CFR 469, 1.469–9(g): Rules for certain rental real estate activities. (Also: Part 1, §§ 301.9100–1, 301.9100.3.)

Rev. Proc. 2011–34