Instructions For Form 1045 - Application For Tentative Refund

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or 2009 NOL even if you (a)

make the election on an amended

Line 22 for 2000 – 2001, or

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previously filed Form 1045, or (b)

return filed within 6 months after the

Line 21 for 1999.

made an election to waive the

due date of the return (excluding

If you filed Form 1040EZ and

carryback period for an NOL arising

extensions). Attach the election to the

checked any box on Form 1040EZ,

in a tax year ending before November

amended return, and write “Filed

line 5 (the “Yes” box on line 5 for

6, 2009. To make the election, attach

pursuant to section 301.9100-2” on

1999 – 2004), enter the amount

an election statement to (a) an

the election statement. Once made,

shown (or as previously adjusted) on

amended Form 1045, (b) an

the election is irrevocable.

line E (line D for 2005) of the

amended return (using Form 1040X

Special rules. Special rules apply if

worksheet on the back of Form

or Form 1041) for the loss year, or (c)

you filed a joint return (or a separate

1040EZ. If you did not check any box

an amended return for the earliest

return) for some but not all of the tax

(or you checked the “No” box for

carryback year. The election

years involved in figuring an NOL

1999 – 2004), enter:

statement must include the three

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carryback. For details, see Pub. 536.

$5,450 for 2008 ($10,900 if

items listed under Special Rules for

Attach a computation showing how

married),

2008 or 2009 NOLs on page 4. If you

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you figured the carryback.

$5,350 for 2007 ($10,700 if

previously filed a Form 1045 or

married),

amended return for the 2008 or 2009

Line 11—Adjusted

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$5,150 for 2006 ($10,300 if

NOL, you must also state that the

married),

Gross Income

election amends the previous Form

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$5,000 for 2005 ($10,000 if

1045 or amended return. If you

Enter in the column labeled “Before

married),

previously made an election to waive

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carryback” your adjusted gross

$4,850 for 2004 ($9,700 if married),

the carryback period, you must also

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income (AGI) for the carryback year

$4,750 for 2003 ($9,500 if married),

state that you are revoking an NOL

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as shown on your original or

$4,700 for 2002 ($7,850 if married),

carryback waiver. Generally, the

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amended return.

$4,550 for 2001 ($7,600 if married),

Form 1045 or amended return must

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$4,400 for 2000 ($7,350 if married),

Enter in the column labeled “After

be filed by April 15, 2010 (or up to

carryback” your AGI refigured after

October 15, 2010, if an extension is

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$4,300 for 1999 ($7,200 if married).

you apply the NOL or net section

filed).

1256 contracts loss carryback and

If you used TeleFile for your

ESBs. If you elected a 3, 4, or

after you refigure any items of income

original return and someone else

5-year carryback period for an NOL

and deductions that are based on or

could claim you as a dependent on

attributable to an ESB under Rev.

limited to a percentage of your AGI.

their return, see Form 1040EZ for the

Proc. 2009-26, you cannot revoke

Amounts to refigure include:

year in question and complete the

that election to make an election

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The special allowance for passive

worksheet on the back of that form.

under Rev. Proc. 2009-52. However,

activity losses from rental real estate

Next, enter the amount from line E of

you can make an election under Rev.

activities,

that worksheet on Form 1045, line 12,

Proc. 2009-52 for an NOL that was

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Taxable social security benefits,

in the column labeled “Before

not covered by your election under

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IRA deductions,

carryback” for the applicable year. If

Rev. Proc. 2009-26 as explained

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The student loan interest

no one could claim you as a

earlier on page 4. See the 2008

deduction,

dependent, enter the amount listed

Instructions for Form 1045 for more

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The tuition and fees deduction,

above for that year.

information on electing a 3, 4, or

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Excludable savings bond interest,

5-year carryback period for an NOL

After carryback. If you itemized

and

attributable to ESBs.

deductions in the carryback year,

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The exclusion of amounts received

enter in the column labeled “After

Specified liability losses. To the

under an employer’s adoption

carryback” the total of your

extent an NOL is a specified liability

assistance program.

deductions after refiguring any that

loss (defined on page 2), that part of

are based on, or limited to a

the loss is carried back to the 10th

Line 12—Deductions

percentage of, your adjusted gross

tax year before the loss. Any such

Individuals. Enter in the column

income. To refigure your deductions,

loss not used in that year is carried to

use your refigured adjusted gross

labeled “Before carryback” for each

the 9th preceding year and then

income (Form 1045, line 11, using the

applicable carryback year the amount

applied consecutively forward through

shown (or as previously adjusted) on

“After carryback” column). Amounts

the 1st preceding year. Any such loss

you may have to refigure include:

Form 1040:

that is not applied in the 10 preceding

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Medical expenses,

Line 40 for 2005 – 2008,

years can be carried forward up to 20

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Qualified mortgage insurance

Line 39 for 2004,

years.

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premiums,

Line 37 for 2003,

Only the specified liability loss

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Personal casualty and theft losses,

Line 38 for 2002, or

portion of the NOL can be carried

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Miscellaneous deductions subject

Line 36 for 1999 – 2001.

back 10 years.

to the 2% limit, and

If you filed Form 1040NR, enter

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You can make an election to figure

Itemized deductions subject to the

the amount shown (or as previously

the carryback period for a specified

overall limit of section 68.

adjusted) on:

liability loss without regard to the

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Line 37 for 2005 – 2008,

Do not refigure your charitable

special 10-year carryback rule. To

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Line 36 for 2004,

contributions deduction.

make this election for 2009, attach to

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Line 35 for 2003,

your 2009 income tax return filed by

CAUTION

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Line 36 for 2002, or

the due date (including extensions) a

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If you have an NOL, see Pub. 536

Line 35 for 1999 – 2001.

statement that you are electing to

for more information and examples.

treat any 2009 specified liability

If you filed Form 1040A, enter the

losses without regard to the special

amount shown (or as previously

If you did not itemize deductions in

10-year carryback rule. If you filed

adjusted) on:

the carryback year, enter your

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your original return on time, you can

Line 24 for 2002 – 2008,

standard deduction for that year.

-5-

Instructions for Form 1045 (2009)

Instructions For Form 1045 - Application For Tentative Refund - 2009 Page 5

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