Instructions For Form 1045 - Application For Tentative Refund

Excessive Allowances

(or failure to act) occurred. For

Minimum Tax–Individuals; and

details, see section 172(f).

related alternative tax net operating

Any amount applied, credited, or

loss deduction calculations.

refunded based on this application

When To File

•

Any applicable election statement.

that the IRS later determines to be

You must file Form 1045 within 1 year

Also attach to Form 1045 copies of

excessive may be billed as if it were

after the end of the year in which an

all forms or schedules for items

due to a math or clerical error on the

NOL, unused credit, net section 1256

refigured in the carryback years, such

return.

contracts loss, or claim of right

as Form 3800; Form 6251; or Form

Form 1040X or Other

adjustment arose.

6781.

Amended Return

Be sure to file your 2010

You must attach copies of all

income tax return no later

required forms listed above

Individuals can get a refund by filing

than the date you file Form

and complete all lines on

CAUTION

Form 1040X, Amended U.S.

1045.

Form 1045 that apply to you.

Individual Income Tax Return, instead

Otherwise, your application may be

If you carry back any portion of an

of Form 1045. An estate or trust can

disallowed.

NOL or an unused general business

file an amended Form 1041, U.S.

credit to tax years before the 3 years

Income Tax Return for Estates and

Processing the

preceding the 2010 tax year, you may

Trusts. In most cases, you must file

need to use additional Forms 1045.

Application

an amended return no later than 3

Complete lines 1 through 9 and

years after the due date of the return

The IRS will process your application

Schedule A on only one Form 1045.

for the applicable tax year.

within 90 days from the later of:

Use this Form 1045 for the earliest

•

If you use Form 1040X or other

The date you file the complete

preceding tax years. You must sign

amended return, follow the

application, or

this Form 1045, but do not need to

•

instructions for that return. Attach to

The last day of the month that

sign the other Forms 1045.

the amended return a copy of

includes the due date (including

Schedule A of Form 1045 showing

Where To File

extensions) for filing your 2010

the computation of the NOL and, if

income tax return (or, for a claim of

File Form 1045 with the Internal

applicable, a copy of Schedule B of

right adjustment, the date of the

Revenue Service Center for the place

Form 1045 showing the computation

overpayment under section

where you live as shown in the

of the NOL carryover. Complete a

1341(b)(1)).

instructions for your 2010 income tax

separate Form 1040X or other

The processing of Form 1045 and

return.

amended return for each year for

the payment of the requested refund

which you request an adjustment.

Do not include Form 1045 in

does not mean the IRS has accepted

The procedures for Form 1040X

the same envelope as your

your application as correct. If the IRS

and Form 1045 are different. The IRS

2010 income tax return.

later determines that the claimed

CAUTION

is not required to process your Form

deductions or credits are due to an

What To Attach

1040X within 90 days. However, if we

overstatement of the value of

do not process it within 6 months

property, negligence, disregard of

Attach copies of the following, if

from the date you file it, you can file

rules, or substantial understatement

applicable, to Form 1045 for the year

suit in court. If the IRS disallows your

of income tax, you may have to pay

of the loss or credit.

claim on Form 1040X and you

•

penalties. Any additional tax also will

If you are an individual, pages 1

disagree with that determination, you

generate interest compounded daily.

and 2 of your 2010 Form 1040 and

must file suit no later than 2 years

Schedules A, D, and J (Form 1040), if

The IRS may need to contact you

after the date we disallow it.

applicable.

or your authorized representative (for

•

Any Form 4952, Investment

Additional Information

example, your accountant or tax

Interest Expense Deduction, attached

return preparer) for more information

For more details on NOLs, see Pub.

to your 2010 income tax return.

so we can process your application. If

536.

•

All Schedules K-1 you received

you want to designate a

from partnerships, S corporations,

representative for us to contact,

estates, or trusts that contribute to the

attach a copy of your authorization to

Specific Instructions

carryback.

Form 1045. For this purpose, you can

•

Any application for extension of

use Form 2848, Power of Attorney

time to file your 2010 income tax

and Declaration of Representative.

Address

return.

•

Disallowance of the

P.O. box. Enter your box number

All Forms 8886, Reportable

Transaction Disclosure Statement,

only if your post office does not

Application

attached to your 2010 income tax

deliver mail to your street address.

return.

Your application is not treated as a

Foreign address. Enter the

•

Forms 8302, Electronic Deposit of

claim for credit or refund. It may be

information in the following order:

Tax Refund of $1 Million or More.

disallowed if it has material omissions

City, province or state, and country.

•

All other forms and schedules from

or math errors that are not corrected

Follow the country’s practice for

which a carryback results, such as

within the 90-day period. If the

entering the postal code. Do not

Schedule C or F (Form 1040); Form

application is disallowed in whole or

abbreviate the country name.

3800, General Business Credit; Form

in part, no suit challenging the

Line 1b—Unused

6478, Alcohol and Cellulosic Biofuel

disallowance can be brought in any

Fuels Credit (for years before 2008,

court. But you can file a regular claim

General Business Credit

Credit for Alcohol Used as Fuel);

for credit or refund before the

Form 6781, Gains and Losses From

limitation period expires, as explained

If you claim a tentative refund based

Section 1256 Contracts and

later under Form 1040X or Other

on the carryback of an unused

Straddles; or Form 6251, Alternative

Amended Return.

general business credit, attach a

-2-

Instructions for Form 1045 (2010)

Instructions For Form 1045 - Application For Tentative Refund - 2010 Page 2

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