Form Ct-9-I - Instructions For Form Ct-9 - Claim For Tentative Refund Based Upon Carryback Of Net Operating Loss - New York State Department Of Taxation And Finance
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2CT-9-I
New York State Department of Taxation and Finance
Instructions for Form CT-9
(6/98)
Claim for Tentative Refund Based upon
Carryback of Net Operating Loss
General Instructions
When to File
Use Form CT-9 to claim a tentative refund or credit
Federal C corporations should file Form CT-9 within 90
resulting from the carryback of a net operating loss (NOL),
days from the date the federal refund or credit is received
or alternative net operating loss (ANOL), to previous years.
or credited. However, federal C corporations included in a
Corporations not meeting the requirements to file
group reporting federal tax on a consolidated basis should
Form CT-9 must file Form CT-8, Claim for Credit or Refund
file Form CT-9 within 120 days from the date the federal
of Corporation Tax Paid.
refund or credit is received or credited. The date of the
federal refund or credit is generally the date shown on
Generally, Form CT-9 will be processed within 90 days from
federal Forms 4188, 8488, 4428B or federal form letter
the date of its receipt. However, refunds will be delayed if
15-164.
the required federal forms are not attached to Form CT-9 or
if Form CT-9 has omissions or errors that cannot be
Federal S corporations, which are New York C corporations,
corrected within the 90-day period. New York State
should file Form CT-9 within 15 months from the end of the
Forms CT-3 and CT-4 will be reviewed after the refund or
loss year.
credit has been processed. Refunds processed within 90
days from the date received will not include interest
Federal Forms Required to be Attached
pursuant to section 1088(c) of the New York State Tax Law.
Federal C corporations that file federal Form 1120, 1120-A
For net operating losses incurred in taxable years beginning
or 1120X and New York State Form CT-3 or CT-4 must
after August 5, 1997, the NOL or ANOL may be carried
attach copies of the following federal forms to Form CT-9:
back only 2 years instead of 3 years, but may be carried
— federal claim Form 1139 or 1120X, and
forward for 20 years until used up. For net operating losses
— federal refund approval Form 4188, 8488 or 4428B.
incurred in taxable years beginning on or before August 5,
1997, the NOL or ANOL may be carried back 3 years and
If the above mentioned federal forms are not available,
carried forward 15 years until used up.
send an affidavit signed by an officer of the corporation
stating that a refund was received, the date of the refund,
Amount of Tentative Refund Claimed -
the amount and the applicable filing period. If the federal
Limitation
refund was adjusted, give an explanation.
Form CT-9 may only be used to claim a refund based on a
If federal forms are not available because federal tax
net operating loss or ANOL carryback. The amount of net
returns were filed on a consolidated basis, attach a
operating loss that may be carried back to the preceding
statement showing how net operating losses would have
years is limited to a total of $10,000 (Tax Law section
been carried back and carried forward had you filed federal
208.9(f)(5)). Only New York C corporations may file this
Form 1120.
claim for refund. If the refund claim is based upon anything
other than a net operating loss carryback, you must use
Federal S corporations that file federal Form 1120S and
Form CT-8.
New York State Form CT-3 or CT-4 are only required to
attach to Form CT-9 a copy of federal Form 1120S for the
loss year.
Who Can File Form CT-9
Failure to attach the required forms to Form CT-9 will delay
Form CT-9 cannot be used to claim a refund based on
processing of the claim for tentative refund or credit.
capital losses or an amended return, or for any reason
other than a net operating loss carryback. Corporations
When completing this form include all adjustments made to
taxable under Article 9-A of the New York State Tax Law
New York State Form CT-3 or CT-4 as a result of federal
may file Form CT-9 if they meet all of the following
changes, amended returns filed, or audit adjustments
requirements:
issued by this department.
— The corporation filed Form CT-3 or CT-4.
— The claim for refund or credit of tax is based on the
Federal Information
carryback of a net operating loss.
Federal information entered on lines 1 through 4 must
— The corporation does not have investment capital or
agree with figures appearing on your federal forms or you
investment income.
must attach a reconciliation of any differences.
— The corporation does not have an aggregate net
operating loss as defined by 20 NYCRR 3-8.5 (i.e.,
New York Information
losses from two or more loss years applied against the
Use lines 5 through 18 to recompute the New York State
income of one particular income year).
entire net income and minimum taxable income for each
— The corporation did not elect to relinquish the three-year
year to which a net operating loss or alternative net
carryback of a net operating loss for federal purposes.
operating loss is carried.
— The corporation does not have an optional depreciation
Line 8 — The New York State net operating loss carryback
adjustment.
is limited to the lower of $10,000 (total carryback to
A corporation that does not meet all of the above
previous years) or the amount required to reduce federal
requirements must file Form CT-8 instead of Form CT-9.
taxable income to zero for each of the preceding tax
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