Instructions For Form 1045 - 2003 Page 2

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attached to your 2003 income tax
return preparer) for more information
is not required to process your Form
return.
so we can process your application. If
1040X within 90 days. However, if we
All necessary tax shelter disclosure
you want to designate a
do not process it within 6 months
statements required by Regulations
representative for us to contact,
from the date you file it, you may file
section 1.6011-4T.
attach a copy of your authorization to
suit in court. If the IRS disallows your
Forms 8302, Electronic Deposit of
Form 1045. For this purpose, you
claim on Form 1040X and you
Tax Refund of $1 Million or More.
may use Form 2848, Power of
disagree with that determination, you
All other forms and schedules from
Attorney and Declaration of
must file suit no later than 2 years
which a carryback results, such as
Representative.
after the date we disallow it.
Schedule C or F (Form 1040), Form
Additional Information
Disallowance of the
3800, General Business Credit, Form
6781, Gains and Losses From
For more details on NOLs, see Pub.
Application
Section 1256 Contracts and
536, Net Operating Losses (NOLs)
Your application is not treated as a
Straddles, or Form 8586,
for Individuals, Estates, and Trusts.
claim for credit or refund. It may be
Low-Income Housing Credit.
disallowed if it has material omissions
All forms or schedules for items
or math errors that are not corrected
refigured in the carryback years, such
Specific Instructions
within the 90-day period. If the
as Form 3800, Form 6251,
application is disallowed in whole or
Alternative Minimum Tax —
Address
in part, no suit challenging the
Individuals, Form 6781, Form 8586,
disallowance may be brought in any
Form 8844, Empowerment Zone and
P.O. box. Enter your box number
court. But you may file a regular claim
Renewal Community Employment
only if your post office does not
for credit or refund before the
Credit, or Form 8884, New York
deliver mail to your street address.
limitation period expires, as explained
Liberty Zone Business Employee
Foreign address. Enter the
below under Form 1040X or Other
Credit.
information in the following order:
Amended Return.
You must attach copies of all
City, province or state, and country.
!
required forms listed above,
Excessive Allowances
Follow the country’s practice for
and complete all lines on
entering the postal code. Do not
CAUTION
Any amount applied, credited, or
Form 1045 that apply to you.
abbreviate the country name.
refunded based on this application
Otherwise, your application may be
that the IRS later determines to be
Line 1b—Unused
disallowed.
excessive may be billed as if it were
General Business Credit
due to a math or clerical error on the
Processing the
return.
If you claim a tentative refund based
Application
on the carryback of an unused
Form 1040X or Other
general business credit, attach a
The IRS will process your application
Amended Return
detailed computation showing how
within 90 days from the later of:
you figured the credit carryback and a
The date you file the complete
Individuals may get a refund by filing
recomputation of the credit after you
application or
Form 1040X, Amended U.S.
apply the carryback. Make the
The last day of the month that
Individual Income Tax Return, instead
recomputation on Form 3800 (or
includes the due date (including
of Form 1045. An estate or trust may
Form 8844 or Form 8884, if
extensions) for filing your 2003
file an amended Form 1041, U.S.
applicable) for the tax year of the
income tax return (or, for a claim of
Income Tax Return for Estates and
tentative allowance.
right adjustment, the date of the
Trusts. Generally, you must file an
overpayment under section
If you filed a joint return (or
amended return no later than 3 years
1341(b)(1)).
separate return) for some but not all
after the due date of the return for the
of the tax years involved in figuring
applicable tax year.
The processing of Form 1045 and
the unused credit carryback, special
the payment of the requested refund
If you use Form 1040X or other
rules apply to figuring the carryback.
does not mean the IRS has accepted
amended return, follow the
See the instructions for Form 3800.
your application as correct. If the IRS
instructions for that return. Attach to
later determines that the claimed
the amended return a copy of
Line 1c—Net Section
deductions or credits are due to an
Schedule A of Form 1045 showing
1256 Contracts Loss
overstatement of the value of
the computation of the NOL and, if
property, negligence, disregard of
applicable, a copy of Schedule B of
An individual may elect to carry back
rules, or substantial understatement
Form 1045 showing the computation
a net section 1256 contracts loss to
of income tax, you may have to pay
of the NOL carryover. Complete a
each of the 3 tax years preceding the
penalties. Any additional tax also will
separate Form 1040X or other
loss year. An estate or trust is not
generate interest compounded daily.
amended return for each year for
eligible to make this election. To
which you request an adjustment.
The IRS may need to contact you
make the election, check box D at the
or your authorized representative (for
The procedures for Form 1040X
top of Form 6781. The amount which
example, your accountant or tax
and Form 1045 are different. The IRS
may be used in any prior tax year
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