Instructions For Form 1045 - 2004


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Department of the Treasury
Internal Revenue Service
Instructions for Form 1045
Application for Tentative Refund
Section references are to the Internal Revenue Code unless otherwise noted.
deductions attributable to farming
General Instructions
Where To File
businesses (as defined in section
File Form 1045 with the Internal
263A(e)(4)) were taken into account,
Purpose of Form
Revenue Service Center for the place
where you live as shown in the
The NOL for the tax year.
Form 1045 is used by an individual,
instructions for your 2004 income tax
estate, or trust to apply for a quick tax
Specified liability loss. Generally, a
refund resulting from:
specified liability loss is a loss arising
The carryback of an NOL,
Do not include Form 1045 in
The carryback of an unused
the same envelope as your
Product liability, or
general business credit,
2004 income tax return.
The carryback of a net section
An act (or failure to act) that
1256 contracts loss, or
occurred at least 3 years before the
What To Attach
An overpayment of tax due to a
beginning of the loss year and
claim of right adjustment under
resulted in a liability under a federal
Attach copies of the following, if
section 1341(b)(1).
or state law requiring:
applicable, to Form 1045 for the year
of the loss or credit:
1. Reclamation of land,
Waiving the carryback period. You
If you are an individual, pages 1
can elect to carry an NOL forward
2. Dismantling of a drilling
and 2 of your 2004 Form 1040 and
only, instead of first carrying it back.
Schedules A, D, and J (Form 1040), if
To make this election for an NOL
3. Remediation of environmental
incurred in your 2004 tax year, attach
contamination, or
Any Form 4952, Investment
to your 2004 tax return filed on or
4. Payment under any workers
Interest Expense Deduction, attached
before the due date (including
compensation act.
to your 2004 income tax return,
extensions) a statement that you are
All Schedules K-1 (Form 1065),
electing under section 172(b)(3) to
Any loss from a liability arising
Partners’s Share of Income, Credits,
relinquish the entire carryback period
from (1) through (4) above can be
Deductions, etc., you received from
for any 2004 NOL. If you filed your
taken into account as a specified
partnerships, S corporations, estates,
return on time without making the
liability loss only if you used an
or trusts that contribute to the
election, you can still make the
accrual method of accounting
election on an amended return filed
throughout the period in which the act
Any application for extension of
within 6 months of the due date of the
(or failure to act) occurred. For
time to file your 2004 income tax
return (excluding extensions). Attach
details, see section 172(f).
the election to the amended return,
All Forms 8271, Investor Reporting
and write “Filed pursuant to section
of Tax Shelter Registration Number,
301.9100-2” on the election
When To File
attached to your 2004 income tax
statement. File the amended return at
You must file Form 1045 within 1 year
the same address you used for your
after the end of the year in which an
All Forms 8886, Reportable
original return. Once made, the
NOL, unused credit, a net section
Transaction Disclosure Statement,
election is irrevocable.
1256 contracts loss, or claim of right
attached to your 2004 income tax
adjustment arose.
Forms 8302, Electronic Deposit of
Eligible loss. For an individual, an
Tax Refund of $1 Million or More,
Be sure to file your 2004
eligible loss is any loss of property
All other forms and schedules from
income tax return no later
arising from fire, storm, shipwreck,
which a carryback results, such as
than the date you file Form
other casualty, or theft.
Schedule C or F (Form 1040), Form
3800, General Business Credit, Form
For a small business (as defined in
If you carry back any portion of an
6781, Gains and Losses From
section 172(b)(1)(F)(iii)), an eligible
NOL or an unused general business
Section 1256 Contracts and
loss is any loss attributable to a
credit to tax years before the 3 years
Straddles, or Form 8586, Low-Income
Presidentially declared disaster (as
preceding the 2004 tax year, you may
Housing Credit, and
defined in section 1033(h)(3)).
need to use additional Forms 1045.
All forms or schedules for items
A farming loss is not an eligible
Complete lines 1 through 9 and
refigured in the carryback years, such
Schedule A on only one Form 1045.
as Form 3800, Form 6251,
Use this Form 1045 for the earliest
Farming loss. A farming loss is the
Alternative Minimum Tax —
preceding tax years. You must sign
smaller of:
Individuals, Form 6781, Form 8586,
this Form 1045, but do not need to
The amount that would be the NOL
Form 8844, Empowerment Zone and
sign the other Forms 1045.
for the tax year if only income and
Renewal Community Employment
Cat. No. 13666W


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