Instructions For Form 1045 - Application For Tentative Refund

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Disallowance of the

Additional Information

All other forms and schedules from

which a carryback results, such as

For more details on NOLs, see Pub.

Application

Schedule C or F (Form 1040), Form

536, Net Operating Losses (NOLs)

3800, General Business Credit, Form

Your application is not treated as a

for Individuals, Estates, and Trusts.

6781, Gains and Losses From

claim for credit or refund. It may be

Section 1256 Contracts and

disallowed if it has material omissions

Straddles, or Form 8586,

or math errors that are not corrected

Specific Instructions

Low-Income Housing Credit.

within the 90-day period. If the

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All forms or schedules for items

application is disallowed in whole or

Address

refigured in the carryback years, such

in part, no suit challenging the

as Form 3800, Form 6251,

disallowance may be brought in any

P.O. box. Enter your box number

Alternative Minimum Tax —

court. But you may file a regular claim

only if your post office does not

Individuals, Form 6781, Form 8586,

for credit or refund before the

deliver mail to your street address.

Form 8844, Empowerment Zone

limitation period expires, as explained

Foreign address. Enter the

Employment Credit, or Form 8884,

below under Form 1040X or Other

information in the following order:

New York Liberty Zone Business

Amended Return.

City, province or state, and country.

Employee Credit.

Follow the country’s practice for

Excessive Allowances

entering the postal code. Do not

You must attach copies of all

abbreviate the country name.

Any amount applied, credited, or

required forms listed above,

refunded based on this application

and complete all lines on

CAUTION

Line 1b—Unused

that the IRS later determines to be

Form 1045 that apply to you.

Otherwise, your application may be

excessive may be billed as if it were

General Business Credit

disallowed.

due to a math or clerical error on the

If you claim a tentative refund based

return.

on the carryback of an unused

Processing the

general business credit, attach a

Form 1040X or Other

detailed computation showing how

Application

you figured the credit carryback and a

Amended Return

The IRS will process your application

recomputation of the credit after you

within 90 days from the later of:

Individuals may get a refund by filing

apply the carryback. Make the

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Form 1040X, Amended U.S.

The date you file the complete

recomputation on Form 3800 (or

Individual Income Tax Return, instead

application or

Form 8844 or Form 8884, if

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of Form 1045. An estate or trust may

applicable) for the tax year of the

The last day of the month that

file an amended Form 1041, U.S.

tentative allowance.

includes the due date (including

Income Tax Return for Estates and

extensions) for filing your 2002

If you filed a joint return (or

Trusts. Generally, you must file an

income tax return (or, for a claim of

separate return) for some but not all

amended return no later than 3 years

right adjustment, the date of the

of the tax years involved in figuring

after the due date of the return for the

overpayment under section

the unused credit carryback, special

1341(b)(1)).

applicable tax year.

rules apply to figuring the carryback.

The processing of Form 1045 and

See the instructions for Form 3800.

If you use Form 1040X or other

the payment of the requested refund

amended return, follow the

Line 1c—Net Section

does not mean the IRS has accepted

instructions for that return. Attach to

your application as correct. If the IRS

1256 Contracts Loss

the amended return a copy of

later determines that the claimed

Schedule A of Form 1045 showing

deductions or credits are due to an

An individual may elect to carry back

the computation of the NOL and, if

overstatement of the value of

a net section 1256 contracts loss to

applicable, a copy of Schedule B of

property, negligence, disregard of

each of the 3 tax years preceding the

Form 1045 showing the computation

loss year. An estate or trust is not

rules, or substantial understatement

of the NOL carryover. Complete a

eligible to make this election. To

of income tax, you may have to pay

separate Form 1040X or other

make the election, check box D at the

penalties. Any additional tax also will

amended return for each year for

top of Form 6781. The amount which

generate interest compounded daily.

which you request an adjustment.

may be used in any prior tax year

The IRS may need to contact you

cannot exceed the net section 1256

The procedures for Form 1040X

or your authorized representative (for

contract gain in that year and may not

and Form 1045 are different. The IRS

example, your accountant or tax

increase or create an NOL for that

is not required to process your Form

return preparer) for more information

year. Reflect the carryback as a

1040X within 90 days. However, if we

so we can process your application. If

reduction to your adjusted gross

do not process it within 6 months

you want to designate a

income in the “After carryback”

from the date you file it, you may file

representative for us to contact,

column on line 10. Attach to Form

suit in court. If the IRS disallows your

attach a copy of your authorization to

1045 a copy of Form 6781 and

Form 1045. For this purpose, you

claim on Form 1040X and you

Schedule D (Form 1040) for the year

may use Form 2848, Power of

disagree with that determination, you

of the net section 1256 contracts loss

Attorney and Declaration of

must file suit no later than 2 years

and an amended Form 6781 and an

Representative.

after the date we disallow it.

amended Schedule D (Form 1040)

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Instructions For Form 1045 - Application For Tentative Refund - 2002 Page 2

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