Instructions for IRS Form 1045 - Application for Tentative Refund 2017

December 6, 2017 "Instructions For Form 1045 - Application For Tentative Refund" contain the updated filing procedures for the IRS-issued Form 1045. Download your copy of the instructions by clicking the link below.

IRS Form 1045 is tax form released and collected by the Internal Revenue Service of the United States.

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2017
Department of the Treasury
Internal Revenue Service
Instructions for Form 1045
Application for Tentative Refund
General Instructions
Once made, the election is irrevocable
gambling, the racing of animals, or the
for the tax year.
on-site viewing of such racing, and the
portion of any real property (determined
Future developments. For the latest
Definitions
by square footage) that is dedicated to
information about developments related
gambling, the racing of animals, or the
to Form 1045 and its instructions, such
Eligible loss. For an individual, an
on-site viewing of such racing, unless
as legislation enacted after they were
eligible loss is any loss of property
this portion is less than 100 square feet.
published, go to IRS.gov/Form1045.
arising from fire, storm, shipwreck, other
Qualified GO Zone loss. A qualified
casualty, or theft.
What’s New Disaster tax relief was
GO Zone loss is the smaller of:
enacted for those impacted by
For a small business (as defined in
Hurricane Harvey, Irma, or Maria,
1. The excess of the NOL for the
section 172(b)(1)(E)(iii)) or a farming
including provisions that modified the
year over the specified liability loss for
business (as defined in section 263A(e)
limit on the deduction for charitable
the year to which a 10-year carryback
(4)), an eligible loss is any loss
contributions and the calculation of
applies, or
attributable to a federally declared
casualty and theft losses. See
disaster (as defined in section 165(i)
2. The total of any special GO Zone
Publication 976, Disaster Relief, for
(5)).
depreciation or amortization allowable
more information.
for specified GO Zone extension
An eligible loss doesn't include a
property for the tax year such property is
farming loss.
Purpose of Form
placed in service (even if you elected
Farming loss. A farming loss is the
Form 1045 is used by an individual,
not to claim the special GO Zone
smaller of:
estate, or trust to apply for a quick tax
depreciation allowance for such
The amount that would be the NOL
refund resulting from:
property).
for the tax year if only income and
The carryback of a Net Operating
deductions attributable to farming
Specified liability loss. Generally, a
Loss (NOL),
businesses (as defined in section
specified liability loss is a loss arising
The carryback of an unused general
263A(e)(4)) were taken into account, or
from:
business credit,
The NOL for the tax year.
Product liability, or
The carryback of a net section 1256
An act (or failure to act) that occurred
contracts loss, or
Qualified disaster loss. A qualified
at least 3 years before the beginning of
An overpayment of tax due to a claim
disaster loss is the smaller of:
the loss year and resulted in a liability
of right adjustment under section
1. The sum of:
under a federal or state law requiring:
1341(b)(1).
a. Any losses occurring in a disaster
1. Reclamation of land,
When carrying back an NOL to
area (as defined in section 165(i)(5))
an earlier tax year, an
2. Dismantling of a drilling platform,
!
and attributable to a federally declared
alternative minimum tax (AMT)
disaster occurring before January 1,
3. Remediation of environmental
CAUTION
liability may be created for that earlier
2010, plus
contamination,
year. This may be true even if there was
b. Any qualified disaster expenses
4. Payment under any workers
no AMT liability when the tax return for
that were allowable under section 198A
compensation act, or
that earlier year was filed.
(even if you didn't elect to treat such
5. Decommissioning of a nuclear
expenses as qualified disaster
power plant (or any unit thereof).
Waiving the carryback period. You
expenses), or
can elect to carry an NOL forward only,
Any loss from a liability arising from
2. The NOL for the tax year.
instead of first carrying it back. To make
(1) through (5) above can be taken into
this election for an NOL incurred in your
Excluded losses. A qualified
account as a specified liability loss only
2017 tax year, attach to your 2017 tax
disaster loss doesn't include any losses
if you used an accrual method of
return filed on or before the due date
from property used in connection with
accounting throughout the period in
(including extensions) a statement that
any private or commercial golf course,
which the act (or failure to act) occurred.
you are electing under section 172(b)(3)
country club, massage parlor, hot tub
For details, see section 172(f).
to relinquish the entire carryback period
facility, suntan facility, or any store for
for any 2017 NOL. If you filed your
When To File
which the principal business is the sale
return on time without making the
of alcoholic beverages for consumption
You must file Form 1045 within 1 year
election, you can still make the election
off premises.
after the end of the year in which an
on an amended return filed within 6
A qualified disaster loss also doesn't
NOL, unused credit, net section 1256
months of the due date of the return
include any losses from any gambling or
contracts loss, or claim of right
(excluding extensions). Attach the
animal racing property. Gambling or
adjustment arose.
election to the amended return, and
animal racing property is any
write “Filed pursuant to section
equipment, furniture, software, or other
301.9100-2” on the election statement.
property used directly in connection with
Dec 06, 2017
Cat. No. 13666W
2017
Department of the Treasury
Internal Revenue Service
Instructions for Form 1045
Application for Tentative Refund
General Instructions
Once made, the election is irrevocable
gambling, the racing of animals, or the
for the tax year.
on-site viewing of such racing, and the
portion of any real property (determined
Future developments. For the latest
Definitions
by square footage) that is dedicated to
information about developments related
gambling, the racing of animals, or the
to Form 1045 and its instructions, such
Eligible loss. For an individual, an
on-site viewing of such racing, unless
as legislation enacted after they were
eligible loss is any loss of property
this portion is less than 100 square feet.
published, go to IRS.gov/Form1045.
arising from fire, storm, shipwreck, other
Qualified GO Zone loss. A qualified
casualty, or theft.
What’s New Disaster tax relief was
GO Zone loss is the smaller of:
enacted for those impacted by
For a small business (as defined in
Hurricane Harvey, Irma, or Maria,
1. The excess of the NOL for the
section 172(b)(1)(E)(iii)) or a farming
including provisions that modified the
year over the specified liability loss for
business (as defined in section 263A(e)
limit on the deduction for charitable
the year to which a 10-year carryback
(4)), an eligible loss is any loss
contributions and the calculation of
applies, or
attributable to a federally declared
casualty and theft losses. See
disaster (as defined in section 165(i)
2. The total of any special GO Zone
Publication 976, Disaster Relief, for
(5)).
depreciation or amortization allowable
more information.
for specified GO Zone extension
An eligible loss doesn't include a
property for the tax year such property is
farming loss.
Purpose of Form
placed in service (even if you elected
Farming loss. A farming loss is the
Form 1045 is used by an individual,
not to claim the special GO Zone
smaller of:
estate, or trust to apply for a quick tax
depreciation allowance for such
The amount that would be the NOL
refund resulting from:
property).
for the tax year if only income and
The carryback of a Net Operating
deductions attributable to farming
Specified liability loss. Generally, a
Loss (NOL),
businesses (as defined in section
specified liability loss is a loss arising
The carryback of an unused general
263A(e)(4)) were taken into account, or
from:
business credit,
The NOL for the tax year.
Product liability, or
The carryback of a net section 1256
An act (or failure to act) that occurred
contracts loss, or
Qualified disaster loss. A qualified
at least 3 years before the beginning of
An overpayment of tax due to a claim
disaster loss is the smaller of:
the loss year and resulted in a liability
of right adjustment under section
1. The sum of:
under a federal or state law requiring:
1341(b)(1).
a. Any losses occurring in a disaster
1. Reclamation of land,
When carrying back an NOL to
area (as defined in section 165(i)(5))
an earlier tax year, an
2. Dismantling of a drilling platform,
!
and attributable to a federally declared
alternative minimum tax (AMT)
disaster occurring before January 1,
3. Remediation of environmental
CAUTION
liability may be created for that earlier
2010, plus
contamination,
year. This may be true even if there was
b. Any qualified disaster expenses
4. Payment under any workers
no AMT liability when the tax return for
that were allowable under section 198A
compensation act, or
that earlier year was filed.
(even if you didn't elect to treat such
5. Decommissioning of a nuclear
expenses as qualified disaster
power plant (or any unit thereof).
Waiving the carryback period. You
expenses), or
can elect to carry an NOL forward only,
Any loss from a liability arising from
2. The NOL for the tax year.
instead of first carrying it back. To make
(1) through (5) above can be taken into
this election for an NOL incurred in your
Excluded losses. A qualified
account as a specified liability loss only
2017 tax year, attach to your 2017 tax
disaster loss doesn't include any losses
if you used an accrual method of
return filed on or before the due date
from property used in connection with
accounting throughout the period in
(including extensions) a statement that
any private or commercial golf course,
which the act (or failure to act) occurred.
you are electing under section 172(b)(3)
country club, massage parlor, hot tub
For details, see section 172(f).
to relinquish the entire carryback period
facility, suntan facility, or any store for
for any 2017 NOL. If you filed your
When To File
which the principal business is the sale
return on time without making the
of alcoholic beverages for consumption
You must file Form 1045 within 1 year
election, you can still make the election
off premises.
after the end of the year in which an
on an amended return filed within 6
A qualified disaster loss also doesn't
NOL, unused credit, net section 1256
months of the due date of the return
include any losses from any gambling or
contracts loss, or claim of right
(excluding extensions). Attach the
animal racing property. Gambling or
adjustment arose.
election to the amended return, and
animal racing property is any
write “Filed pursuant to section
equipment, furniture, software, or other
301.9100-2” on the election statement.
property used directly in connection with
Dec 06, 2017
Cat. No. 13666W
Be sure to file your 2017 income
years before 2008, Credit for Alcohol
brought in any court. But you can file a
tax return no later than the date
Used as Fuel); Form 6781, Gains and
regular claim for credit or refund before
!
you file Form 1045.
Losses From Section 1256 Contracts
the limitation period expires, as
CAUTION
and Straddles; or Form 3468,
explained later under
Form 1040X or
Investment Credit.
Other Amended
Return.
If you carry back any portion of an
NOL or an unused general business
Also attach to Form 1045 copies of
Excessive Allowances
credit to tax years before the 3 years
all forms or schedules for items
Any amount applied, credited, or
preceding the 2017 tax year, you may
refigured in the carryback years, such
refunded based on this application that
need to use additional Forms 1045.
as Form 3800; Form 6251 (original and
the IRS later determines to be
Complete lines 1 through 9 and
revised for each gain year); Form 6781;
excessive may be billed as if it were due
Schedule A on only one Form 1045.
Form 8960; and Form 8962.
Use this Form 1045 for the earliest
to a math or clerical error on the return.
You must attach copies of all
preceding tax years. You must sign this
Form 1040X or Other
required forms listed above and
!
Form 1045, but don't need to sign the
complete all lines on Form 1045
other Forms 1045.
Amended Return
CAUTION
that apply to you. Otherwise, your
Individuals can get a refund by filing
Where To File
application may be delayed or
Form 1040X, Amended U.S. Individual
disallowed.
File Form 1045 with the Internal
Income Tax Return, instead of Form
Revenue Service Center for the place
1045. An estate or trust can file an
Processing the
where you live as shown in the
amended Form 1041, U.S. Income Tax
instructions for your 2017 income tax
Application
Return for Estates and Trusts. In most
return.
cases, you must file an amended return
The IRS will process your application
no later than 3 years after the due date
Don't include Form 1045 in the
within 90 days from the later of:
of the return for the applicable tax year.
same envelope as your 2017
The date you file the complete
!
income tax return.
application, or
If you use Form 1040X or other
CAUTION
The last day of the month that
amended return, follow the instructions
includes the due date (including
What To Attach
for that return. Attach to the amended
extensions) for filing your 2017 income
return a copy of Schedule A of Form
Attach copies of the following, if
tax return (or, for a claim of right
1045 showing the computation of the
applicable, to Form 1045 for the year of
adjustment, the date of the
NOL and, if applicable, a copy of
the loss or credit.
overpayment under section 1341(b)(1)).
Schedule B of Form 1045 showing the
If you are an individual, pages 1 and 2
computation of the NOL carryover.
The processing of Form 1045 and
of your 2017 Form 1040 and Schedules
Complete a separate Form 1040X or
the payment of the requested refund
A, D, and J (Form 1040), if applicable.
other amended return for each year for
doesn't mean the IRS has accepted
Any Form 4952, Investment Interest
which you request an adjustment.
Expense Deduction, attached to your
your application as correct. If the IRS
2017 income tax return.
later determines that the claimed
The procedures for Form 1040X and
All Schedules K-1 you received from
deductions or credits are due to an
Form 1045 are different. The IRS isn't
partnerships, S corporations, estates, or
overstatement of the value of property,
required to process your Form 1040X
trusts that contribute to the carryback.
negligence, disregard of rules, or
within 90 days. However, if we don't
Any application for extension of time
substantial understatement of income
process it within 6 months from the date
to file your 2017 income tax return.
tax, you may have to pay penalties. Any
you file it, you can file suit in court. If the
All Forms 8886, Reportable
additional tax also will generate interest
IRS disallows your claim on Form
Transaction Disclosure Statement,
compounded daily.
1040X and you disagree with that
attached to your 2017 income tax
determination, you must file suit no later
The IRS may need to contact you or
return.
than 2 years after the date we disallow
your authorized representative (for
Forms 8302, Electronic Deposit of
it.
example, your accountant or tax return
Tax Refund of $1 Million or More.
preparer) for more information so we
Additional Information
Alternative Minimum Tax Net
can process your application. If you
Operating Loss (AMTNOL) or
For more details on NOLs, see Pub.
want to designate a representative for
Alternative Tax Net Operating Loss
536.
us to contact, attach a copy of your
Deduction (ATNOLD) calculation.
authorization to Form 1045. For this
Form 6251, Alternative Minimum
Specific Instructions
purpose, you can use Form 2848,
Tax—Individuals for each loss year.
Power of Attorney and Declaration of
Any detailed allocation schedules for
Representative.
Address
a filing status change or for different
spouses between the gain and loss
Disallowance of the
P.O. box. Enter your box number only if
years, see Pub. 536.
Application
your post office doesn't deliver mail to
Any applicable election statement.
your street address.
All other forms and schedules from
Your application isn't treated as a claim
which a carryback results, such as
for credit or refund. It may be disallowed
Foreign address. Enter the
Schedule C or F (Form 1040); Form
if it has material omissions or math
information in the following order: city,
3800, General Business Credit; Form
errors that aren't corrected within the
province or state, and country. Follow
6478, Biofuel Producer Credit (for years
90-day period. If the application is
the country's practice for entering the
2008, 2009, 2010, 2011, 2012, Alcohol
disallowed in whole or in part, no suit
postal code. Don't abbreviate the
and Cellulosic Biofuel Fuels Credit; for
challenging the disallowance can be
country name.
-2-
Instructions for Form 1045 (2017)
Line 1b—Unused General
capital loss, or unused credit. The tax
years the loss is being carried back and
previously determined will be the tax
the date the carryback year ends in the
Business Credit
shown on the return as filed, increased
spaces provided in the headings above
If you claim a tentative refund based on
by any amounts assessed (or collected
line 10 for each pair of columns.
the carryback of an unused general
without assessment) as deficiencies
Example. Your tax year is the 2017
business credit, attach a detailed
before the date of the filing of the
calendar year and you are carrying an
computation showing how you figured
application for a tentative carryback
NOL back 2 years. You enter “2nd” and
the credit carryback and a
adjustment, and decreased by any
“12/31/15” in the left column heading in
recomputation of the credit after you
amounts abated, credited, refunded, or
the spaces provided. The column
apply the carryback. Generally, an
otherwise repaid prior to that date. Any
heading now reads “2nd preceding tax
unused general business credit must be
items over which you and the IRS are in
year ended 12/31/15.”
carried back 1 year.
disagreement at the time of the filing of
For each carryback year, enter in the
the application shall, for purposes of
If you filed a joint return (or separate
column labeled “Before carryback” the
computing the tentative carryback
return) for some but not all of the tax
amounts for the carryback year as
adjustment, be taken into account in
years involved in figuring the unused
shown on your original or amended
ascertaining the tax previously
credit carryback, special rules apply to
return. If the amounts were previously
determined only if, and to the extent
figuring the carryback. See the
adjusted by you or the IRS, enter the
that, they were reported on the return, or
Instructions for Form 3800.
amounts after adjustment.
were reflected in any amounts assessed
Line 1c—Net Section 1256
(or collected without assessment) as
Line 10—NOL Deduction
deficiencies, or in any amounts abated,
Contracts Loss
After Carryback
credited, refunded, or otherwise repaid,
An individual can elect to carry back a
before the date of filing the application.
Use the following rules to figure the tax
net section 1256 contracts loss to each
After figuring the tax previously
years to which you must carry an NOL
of the 3 tax years preceding the loss
determined, figure the decrease in tax
shown on Schedule A, line 25. If an
year. An estate or trust isn't eligible to
previously determined attributable to the
NOL isn't fully absorbed in a year to
make this election. To make the
carryback and any related adjustments
which it is carried, complete Schedule B
election, check box D at the top of Form
on the basis of the items of tax taken
to figure the amount to carry to the next
6781. The amount which can be used in
into account in computing the tax
carryback year.
any prior tax year can't exceed the net
previously determined. In determining
section 1256 contract gain in that year
Note. You may need to use additional
any decrease attributable to the
and can't increase or create an NOL for
Forms 1045 to carry back an NOL.
carryback or any related adjustment,
that year. Reflect the carryback as a
Complete lines 1 through 9 and
items shall be taken into account only to
reduction to your adjusted gross income
Schedule A on only one Form 1045.
the extent that they were reported on
in the “After carryback” column on line
Use this Form 1045 for the earliest
the return, or were reflected in amounts
11. Attach to Form 1045 a copy of Form
preceding tax years. You must sign this
assessed (or collected without
6781 and Schedule D (Form 1040) for
Form 1045 but don't need to sign the
assessment) as deficiencies, or in
the year of the net section 1256
other Forms 1045.
amounts abated, credited, refunded, or
contracts loss and an amended Form
otherwise repaid, before the date of
General rule. You generally must carry
6781 and an amended Schedule D
filing the application for a tentative
back the entire NOL to the 2nd tax year
(Form 1040) for each carryback year.
carryback adjustment. If you and the
before the loss year. Any loss not used
For more details, see section 1212(c).
IRS are in disagreement as to the
in the 2nd preceding year is then carried
Line 9
proper treatment of any item, it shall be
to the 1st preceding year. Any loss not
assumed, for purposes of determining
applied in the 2 preceding years can be
If an NOL or net section 1256 contracts
the decrease in the tax previously
carried forward up to 20 years. The
loss carryback eliminates or reduces a
determined, that you reported the item
2-year carryback period doesn't apply to
prior year foreign tax credit, you can't
correctly unless, and to the extent that,
the portion of an NOL attributable to an
use Form 1045 to carry the released
the disagreement has resulted in the
eligible loss, a farming loss, a qualified
foreign tax credits to earlier years. Also,
assessment of a deficiency (or the
disaster loss, or a specified liability loss.
if the released foreign tax credits result
collection of an amount without an
Eligible losses. To the extent the NOL
in the release of general business
assessment), or the allowing or making
is an eligible loss (defined earlier), it is
credits, you can't use Form 1045 to
of an abatement, credit, refund, or other
carried back to the 3rd tax year before
carry the released general business
repayment, before the date of filing the
the loss. Any such loss not used in that
credits to earlier years. Instead, you
application.
year is carried to the 2nd and then the
must file Form 1040X or other amended
Use one pair of columns to enter
1st preceding year. Any such loss that
return to claim refunds for those years.
amounts before and after carryback for
isn't applied in the 3 preceding years
For details, see Rev. Rul. 82-154,
each year to which the loss or credit is
can be carried forward up to 20 years.
1982-2 C.B. 394.
being carried. Start with the earliest
Only the eligible loss portion of the
Lines 10 Through
carryback year. A net section 1256
NOL can be carried back 3 years.
contracts loss can be carried back 3
32—Computation of
Example. You have a $20,000 NOL
years. See the instructions for line 10,
Decrease in Tax
of which only $5,000 is an eligible loss.
later, to figure the tax years to which you
The $5,000 eligible loss is carried back
Figure the amount of decrease,
can carry an NOL. Use the remaining
3 years, but the remaining $15,000 loss
attributable to the carryback, in tax
pairs of columns for each consecutive
is carried back only 2 years, even if you
previously determined for each tax year
preceding tax year until the loss is fully
before the tax year of the NOL, net
absorbed. Enter the ordinal number of
Instructions for Form 1045 (2017)
-3-
had modified taxable income of more
special 5-year carryback rule. To make
(AGI) for the carryback year as shown
than $5,000 in the 3rd preceding year.
this election for 2017, attach to your
on your original or amended return.
2017 income tax return filed by the due
Farming losses. To the extent the
Enter in the column labeled “After
date (including extensions) a statement
NOL is a farming loss (defined earlier),
carryback” your AGI refigured after you
that you are electing to treat any 2017
that part of the loss is carried back to
apply the NOL or net section 1256
qualified disaster losses without regard
the 5th tax year before the loss. Any
contracts loss carryback and after you
to the special 5-year carryback rule. If
such loss not used in that year is carried
refigure any items of income and
you filed your original return on time,
to the 4th preceding year and then
deductions that are based on or limited
you can make the election on an
applied consecutively forward through
to a percentage of your AGI. Amounts to
amended return filed within 6 months
the 1st preceding year. Any such loss
refigure may include:
after the due date of the return
not applied in the 5 preceding years can
The special allowance for passive
(excluding extensions). Attach the
be carried forward up to 20 years.
activity losses from rental real estate
election to the amended return and write
activities,
Only the farming loss portion of the
“Filed pursuant to section 301.9100-2”
Taxable social security benefits,
NOL can be carried back 5 years.
on the election statement. Once made,
IRA deductions,
the election is irrevocable for the tax
Example. You operate a farming
The student loan interest deduction,
year.
business and incur an NOL of $50,000
The tuition and fees deduction,
for 2017. $25,000 of the NOL is
Specified liability losses. To the
Excludable savings bond interest,
attributable to income and deductions of
extent an NOL is a specified liability loss
and
your farming business; $10,000 is
(defined earlier), that part of the loss is
The exclusion of amounts received
attributable to a fire in your personal
carried back to the 10th tax year before
under an employer's adoption
residence (an eligible loss); and the
the loss. Any such loss not used in that
assistance program.
remaining $15,000 is attributable to your
year is carried to the 9th preceding year
spouse's work as an employee. The
Line 12—Deductions
and then applied consecutively forward
$25,000 farming loss is carried back 5
through the 1st preceding year. Any
years; the $10,000 eligible loss is
Individuals. Enter in the column
such loss that isn't applied in the 10
carried back 3 years; and the remaining
labeled “Before carryback” for each
preceding years can be carried forward
$15,000 loss is carried back 2 years.
applicable carryback year the amount
up to 20 years.
Any unused portion of this NOL can be
shown (or as previously adjusted) on
Only the specified liability loss
carried forward up to 20 years.
Form 1040:
portion of the NOL can be carried back
Line 40 for 2010 – 2016,
You can make an election to figure
10 years.
Line 40a for 2009, or
the carryback period for a farming loss
You can make an election to figure
Line 40 for 2007 – 2008.
without regard to the special 5-year
the carryback period for a specified
carryback rule. To make this election for
If you filed Form 1040NR, enter the
liability loss without regard to the special
2017, attach to your 2017 income tax
amount shown (or as previously
10-year carryback rule. To make this
return filed by the due date (including
adjusted) on:
election for 2017, attach to your 2017
extensions) a statement that you are
Line 38 for 2010 – 2016, or
income tax return filed by the due date
electing to treat any 2017 farming
Line 37 for 2007 – 2009.
(including extensions) a statement that
losses without regard to the special
If you filed Form 1040A, enter the
you are electing to treat any 2017
5-year carryback rule. If you filed your
amount shown (or as previously
specified liability losses without regard
original return on time, you can make
adjusted) on:
to the special 10-year carryback rule. If
the election on an amended return filed
Line 24 for 2010 – 2016,
you filed your original return on time,
within 6 months after the due date of the
Line 24a for 2009, or
you can make the election on an
return (excluding extensions). Attach
Line 24 for 2007 – 2008.
amended return filed within 6 months
the election to the amended return and
after the due date of the return
If you filed Form 1040EZ and
write “Filed pursuant to section
checked any box on Form 1040EZ,
(excluding extensions). Attach the
301.9100-2” on the election statement.
line 5, enter the amount shown (or as
election to the amended return and write
Once made, the election is irrevocable
previously adjusted) on line E of the
“Filed pursuant to section 301.9100-2”
for the tax year.
on the election statement. Once made,
worksheet on the back of Form 1040EZ
Qualified disaster losses. To the
the election is irrevocable for the tax
(for 2009 – 2016, Worksheet for
extent the NOL is a qualified disaster
year.
Line 5 — Dependents Who Checked
loss, that part of the loss is carried back
One or Both Boxes). If you didn't check
Special rules. Special rules apply if
to the 5th tax year before the loss. Any
any box, enter:
you filed a joint return (or a separate
such loss not used in that year is carried
$6,300 for 2016 ($12,600 if married),
return) for some but not all of the tax
to the 4th preceding year and then
$6,300 for 2015 ($12,600 if married),
years involved in figuring an NOL
applied consecutively forward through
$6,200 for 2014 ($12,400 if married),
carryback. For details, see Pub. 536.
the 1st preceding year. Any such loss
$6,100 for 2013 ($12,200 if married),
Attach a computation showing how you
not applied in the 5 preceding years can
$5,950 for 2012 ($11,900 if married),
figured the carryback.
be carried forward up to 20 years.
$5,800 for 2011 ($11,600 if married),
$5,700 for 2010 ($11,400 if married),
Only the qualified disaster loss
Line 11—Adjusted Gross
$5,700 for 2009 ($11,400 if married),
portion of the NOL can be carried back
Income
$5,450 for 2008 ($10,900 if married),
5 years.
or
Enter in the column labeled “Before
You can make an election to figure
$5,350 for 2007 ($10,700 if married).
carryback” your adjusted gross income
the carryback period for a qualified
disaster loss without regard to the
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Instructions for Form 1045 (2017)
After carryback. If you itemized
refigured using your refigured adjusted
See the AMT instructions for the
deductions in the carryback year, enter
gross income (Form 1045, line 11, using
carry-back year.
in the column labeled “After carryback”
the “After carryback” column).
Line 20—General
the total of your deductions after
Estates and trusts. Enter in the
refiguring any that are based on, or
Business Credit
columns labeled “Before carryback” and
limited to a percentage of, your adjusted
“After carryback” for each applicable
Enter in the column labeled “After
gross income. To refigure your
carryback year the amount shown (or as
carryback” for each affected carryback
deductions, use your refigured adjusted
previously adjusted) on Form 1041,
year the total of the recomputed general
gross income (Form 1045, line 11, using
line 20.
business credits, using Form 3800 (or
the “After carryback” column). Amounts
using Forms 3800, 5884, 6478, 8586,
you may have to refigure include:
Line 16—Income Tax
8835 (Part II), 8844, or 8846, if
Medical expenses,
applicable, to recompute the general
Use your refigured taxable income
Mortgage insurance premiums,
business credits for years before 2008).
(Form 1045, line 15, using the “After
Personal casualty and theft losses,
carryback” column) to refigure your tax
and
If an NOL or net section 1256
for each carryback year. Include any tax
Miscellaneous deductions subject to
contracts loss carryback eliminates or
from Form 4970, Tax on Accumulation
the 2% limit.
reduces a general business credit in an
Distribution of Trusts, and Form 4972,
earlier year, you may be able to carry
Don't refigure your charitable
Tax on Lump-Sum Distributions. Attach
back the released credit 1 year. See
contributions deduction.
!
any schedule used to figure your tax or
section 39 and the Instructions for Form
an explanation of the method used to
CAUTION
3800 for more details on general
figure the tax and, if necessary, a
If you have an NOL, see Pub. 536 for
business credit carrybacks.
detailed computation.
more information and examples.
Line 21—Net Premium Tax
If you didn't itemize deductions in the
For example, write “Tax Computation
carryback year, enter your standard
Credit
Worksheet—2014” if this is the method
deduction for that year.
used for that year. You don't need to
If you claimed a premium tax credit in
attach a detailed computation of the tax
2014, 2015, or 2016, complete a new
Line 14—Exemptions
in this case.
Form 8962 using your refigured
household income. Enter your refigured
Individuals. Enter in the column
Line 17—Excess Advance
premium tax credit in the column
labeled “Before carryback” for each
Premium Tax Credit
labeled “After carryback” for 2014,
applicable carryback year, the amount
2015, or 2016.
shown (or as previously adjusted) on
Repayment
Form 1040, Line 42.
Advance payments of the premium tax
Line 22—Other Credits
If you filed Form 1040NR, enter the
credit (APTC) may have been made in
See your tax return for the carryback
amount shown (or as previously
2014, 2015, or 2016 to help pay for your
year for any additional credits such as
adjusted) on:
insurance coverage or that of your
the earned income credit, credit for child
Line 40 for 2010 – 2016, or
spouse or dependent. If so, complete
and dependent care expenses, child tax
Line 39 for 2007 – 2009.
Form 8962 using your refigured
credit, education credits, foreign tax
If you filed Form 1040A, enter the
household income to see if you have
credit, retirement savings contributions
amount shown (or as previously
excess APTC and must repay the
credit, etc., that will apply in that year. If
adjusted) on, Line 26.
excess. If the advance payments were
you make an entry on this line, identify
more than the refigured premium tax
If you filed Form 1040EZ and
the credit(s) claimed.
credits, enter the refigured amount from
checked the “You” or “Spouse” box on
line 29 of your 2014, 2015, or 2016
After carryback. Refigure any credits
Form 1040EZ, line 5, enter zero (or the
Form 8962, in the column labeled “After
included on this line that are based on
amount from line F of the 1040EZ
carryback” for the applicable year.
or limited by your adjusted gross
worksheet if married). If you didn't check
income (AGI), modified adjusted gross
any box, enter:
If your refigured household
income (MAGI), or tax liability. Use your
$4,050 for 2016 ($8,100 if married),
income is less than 100% of the
TIP
refigured AGI, MAGI, or tax liability to
$4,000 for 2015 ($8,000 if married),
federal poverty line for 2014,
refigure your credits for each carryback
$3,950 for 2014 ($7,900 if married),
2015, or 2016, you can still claim the
year.
$3,900 for 2013 ($7,800 if married),
premium tax credit if you satisfy the
$3,800 for 2012 ($7,600 if married),
requirements under Estimated
Line 25—
$3,700 for 2011 ($7,400 if married),
household income at least 100% of the
Self-Employment Tax
$3,650 for 2010 ($7,300 if married),
federal poverty line in the 2014, 2015, or
$3,650 for 2009 ($7,300 if married),
2016 Instructions for Form 8962.
Don't adjust self-employment tax
$3,500 for 2008 ($7,000 if married),
because of any carryback.
or
Line 18—Alternative
$3,400 for 2007 ($6,800 if married).
Line 26—Additional
Minimum Tax
Medicare Tax
After carryback. If your deduction
The carryback of an NOL or net section
for personal exemptions in the
Don't adjust Additional Medicare Tax
1256 contracts loss may affect or cause
carryback year was limited based on
because of any carryback.
you to owe alternative minimum tax.
your adjusted gross income, enter in the
Individuals use Form 6251 to figure this
column labeled “After carryback” the
tax. Estates and trusts use Schedule I
deduction for personal exemptions
(Form 1041).
Instructions for Form 1045 (2017)
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Download Instructions for IRS Form 1045 - Application for Tentative Refund 2017

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