Instructions For Form 1045 - Application For Tentative Refund - 2009

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2009
Department of the Treasury
Internal Revenue Service
Instructions for Form 1045
Application for Tentative Refund
What’s New
The carryback of an unused
period under the special rules
general business credit,
described beginning on page 4.
The carryback of a net section
Farming loss. A farming loss is the
Carryback of 2008 or 2009 net
1256 contracts loss, or
smaller of:
operating losses (NOLs). You can
An overpayment of tax due to a
The amount that would be the NOL
elect to carry back a 2008 or 2009
claim of right adjustment under
for the tax year if only income and
NOL for a period of 3, 4, or 5 years.
section 1341(b)(1).
deductions attributable to farming
This election is irrevocable and can
businesses (as defined in section
be made even if you previously
When carrying back an NOL
263A(e)(4)) were taken into account,
elected to forgo the carryback period
!
to an earlier tax year, an
or
for a 2008 or 2009 NOL. Any
alternative minimum tax
CAUTION
The NOL for the tax year.
revocation of the election to forgo the
(AMT) liability may be created for that
A farming loss does not include a
NOL carryback period will also apply
earlier year. This may be true even if
qualified disaster loss.
to a carryback of any alternative tax
there was no AMT liability when the
NOL for the same taxable year.
Qualified disaster loss. A qualified
tax return for that earlier year was
disaster loss is the smaller of:
filed.
Eligible small business (ESB)
losses. If you made an election to
1. The sum of:
Waiving the carryback period. You
carry back a 2008 NOL that was
a. Any losses occurring in a
can elect to carry an NOL forward
attributable to an ESB for a period of
disaster area (as defined in section
only, instead of first carrying it back.
3, 4, or 5 years under Rev. Proc.
165(h)(3)(C)) and attributable to a
To make this election for an NOL
2009-26, 2009-19 I.R.B. 935, you can
federally declared disaster occurring
incurred in your 2009 tax year, attach
now elect to carry back, under the
before January 1, 2010, plus
to your 2009 tax return filed on or
rules described above, any remaining
b. Any qualified disaster expenses
before the due date (including
2008 or 2009 NOL that was not
allowable under section 198A (even if
extensions) a statement that you are
subject to the election under Rev.
you did not elect to treat such
electing under section 172(b)(3) to
Proc. 2009-26.
expenses as qualified disaster
relinquish the entire carryback period
expenses), or
For more information, see Special
for any 2009 NOL. If you filed your
2. The NOL for the tax year.
Rules for 2008 and 2009 NOLs on
return on time without making the
page 4. Also see Rev. Proc. 2009-52,
election, you can still make the
Excluded losses. A qualified
2009-49 I.R.B. 744.
election on an amended return filed
disaster loss does not include any
within 6 months of the due date of the
Alternative tax net operating loss.
losses from property used in
return (excluding extensions). Attach
The 90 percent limit on the alternative
connection with any private or
the election to the amended return,
tax net operating loss deduction
commercial golf course, country club,
and write “Filed pursuant to section
(ATNOLD) does not apply to the
massage parlor, hot tub facility,
301.9100-2” on the election
portion of an ATNOLD attributable to
suntan facility, or any store for which
statement. Once made, the election is
any 2008 or 2009 NOL you elect to
the principal business is the sale of
irrevocable.
carry back more than 2 years. See
alcoholic beverages for consumption
the instructions for line 17 on page 6.
off premises.
Definitions
Qualified Gulf Opportunity (GO)
A qualified disaster loss also does
Zone loss. Beginning in 2009, the
Eligible loss. For an individual, an
not include any losses from any
portion of any NOL attributable to a
eligible loss is any loss of property
gambling or animal racing property.
qualified GO Zone loss is now limited
arising from fire, storm, shipwreck,
Gambling or animal racing property is
to the amount of any special GO
other casualty, or theft.
any equipment, furniture, software, or
Zone depreciation or amortization
other property used directly in
For a small business (as defined in
allowable for any specified GO Zone
connection with gambling, the racing
section 172(b)(1)(F)(iii)) or a farming
extension property placed in service
of animals, or the on-site viewing of
business (as defined in section
during the tax year. For more
such racing, and the portion of any
263A(e)(4)), an eligible loss is any
information, see the instructions for
real property (determined by square
loss attributable to a federally
line 10 beginning on page 3.
footage) that is dedicated to
declared disaster (as defined in
gambling, the racing of animals, or
General Instructions
section 165(h)(3)(C)(i)).
the on-site viewing of such racing,
An eligible loss does not include a
unless this portion is less than 100
Section references are to the Internal
farming loss, a qualified disaster loss,
square feet.
Revenue Code unless otherwise
a qualified GO Zone loss, a qualified
Qualified GO Zone loss. For 2009,
noted.
recovery assistance loss, or a
a qualified GO Zone loss is the
Purpose of Form
qualified disaster recovery assistance
smaller of:
loss.
Form 1045 is used by an individual,
1. The excess of the NOL for the
estate, or trust to apply for a quick tax
An eligible loss also does not
year over the specified liability loss
refund resulting from:
include a 2008 or 2009 NOL for which
for the year to which a 10-year
The carryback of an NOL,
you elect a 3, 4, or 5-year carryback
carryback applies, or
Cat. No. 13666W

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