Application for Tentative Refund

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Instructions for Form 1045

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2008

Department of the Treasury
Internal Revenue Service

Instructions for Form 1045
Application for Tentative Refund

What’s New
Tax relief for the Kansas disaster
area. Temporary tax relief was
enacted as a result of the May 4,
2007, storms and tornadoes affecting
the Kansas disaster area. The tax
benefits provided by this relief include
the following.
• The portion of a net operating loss
(NOL) that is a qualified Recovery
Assistance loss can be carried back
to the 5 tax years before the NOL
year.
• The 90% limit on the alternative tax
NOL deduction (ATNOLD) does not
apply to such portion of the ATNOLD.
For more details on these and
other tax benefits related to the
Kansas disaster area, see Publication
4492-A, Information for Taxpayers
Affected by the May 4, 2007, Kansas
Storms and Tornadoes.

General Instructions
Section references are to the Internal
Revenue Code unless otherwise
noted.

Purpose of Form
Form 1045 is used by an individual,
estate, or trust to apply for a quick tax
refund resulting from:
• The carryback of an NOL,
• The carryback of an unused
general business credit,
• The carryback of a net section
1256 contracts loss, or
• An overpayment of tax due to a
claim of right adjustment under
section 1341(b)(1).
When carrying back an NOL
to an earlier tax year, an
CAUTION alternative minimum tax
(AMT) liability may be created for that
earlier year. This may be true even if
there was no AMT liability when the
tax return for that earlier year was
filed.

!

Waiving the carryback period. You
can elect to carry an NOL forward
only, instead of first carrying it back.
To make this election for an NOL
incurred in your 2008 tax year, attach

to your 2008 tax return filed on or
before the due date (including
extensions) a statement that you are
electing under section 172(b)(3) to
relinquish the entire carryback period
for any 2008 NOL. If you filed your
return on time without making the
election, you can still make the
election on an amended return filed
within 6 months of the due date of the
return (excluding extensions). Attach
the election to the amended return,
and write “Filed pursuant to section
301.9100-2” on the election
statement. File the amended return at
the same address you used for your
original return. Once made, the
election is irrevocable.

Definitions
Eligible loss. For an individual, an
eligible loss is any loss of property
arising from fire, storm, shipwreck,
other casualty, or theft.
For a small business (as defined in
section 172(b)(1)(F)(iii)) or a farming
business (as defined in section
263A(e)(4)), an eligible loss is any
loss attributable to a Presidentially
declared disaster (as defined in
section 1033(h)(3)).
An eligible loss does not include a
farming loss or a qualified GO Zone
loss.
Farming loss. A farming loss is the
smaller of:
• The amount that would be the NOL
for the tax year if only income and
deductions attributable to farming
businesses (as defined in section
263A(e)(4)) were taken into account,
or
• The NOL for the tax year.
Qualified GO Zone loss. For 2008,
a qualified GO Zone loss is the
smaller of:
1. The excess of the NOL for the
year over the specified liability loss
for the year to which a 10-year
carryback applies, or
2. The total of any depreciation or
amortization allowable for any
qualified GO Zone nonresidential real
property and residential rental
property (even if you elected not to
Cat. No. 13666W

claim the special GO Zone
depreciation allowance for such
property) placed in service in 2008.
See Pub. 4492, Information for
Taxpayers Affected by Hurricanes
Katrina, Rita, and Wilma, for a list of
counties and parishes included in the
GO Zone.
Specified liability loss. Generally,
a specified liability loss is a loss
arising from:
• Product liability, or
• An act (or failure to act) that
occurred at least 3 years before the
beginning of the loss year and
resulted in a liability under a federal
or state law requiring:
1. Reclamation of land,
2. Dismantling of a drilling
platform,
3. Remediation of environmental
contamination, or
4. Payment under any workers
compensation act.
Any loss from a liability arising
from (1) through (4) above can be
taken into account as a specified
liability loss only if you used an
accrual method of accounting
throughout the period in which the act
(or failure to act) occurred. For
details, see section 172(f).

When To File
You must file Form 1045 within 1 year
after the end of the year in which an
NOL, unused credit, a net section
1256 contracts loss, or claim of right
adjustment arose.

!

CAUTION

Be sure to file your 2008
income tax return no later
than the date you file Form

1045.
If you carry back any portion of an
NOL or an unused general business
credit to tax years before the 3 years
preceding the 2008 tax year, you may
need to use additional Forms 1045.
Complete lines 1 through 9 and
Schedule A on only one Form 1045.
Use this Form 1045 for the earliest
preceding tax years. You must sign
this Form 1045, but do not need to
sign the other Forms 1045.

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Instructions for Form 1045

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Where To File
File Form 1045 with the Internal
Revenue Service Center for the place
where you live as shown in the
instructions for your 2008 income tax
return.

!

CAUTION

Do not include Form 1045 in
the same envelope as your
2008 income tax return.

What To Attach
Attach copies of the following, if
applicable, to Form 1045 for the year
of the loss or credit:
• If you are an individual, pages 1
and 2 of your 2008 Form 1040 and
Schedules A, D, and J (Form 1040), if
applicable,
• Any Form 4952, Investment
Interest Expense Deduction, attached
to your 2008 income tax return,
• All Schedules K-1 you received
from partnerships, S corporations,
estates, or trusts that contribute to the
carryback,
• Any application for extension of
time to file your 2008 income tax
return,
• All Forms 8886, Reportable
Transaction Disclosure Statement,
attached to your 2008 income tax
return,
• Forms 8302, Electronic Deposit of
Tax Refund of $1 Million or More,
• All other forms and schedules from
which a carryback results, such as
Schedule C or F (Form 1040; Form
3800, General Business Credit; Form
6781, Gains and Losses From
Section 1256 Contracts and
Straddles; or Form 8586, Low-Income
Housing Credit, and
• All forms or schedules for items
refigured in the carryback years, such
as Form 3800; Form 6251,
Alternative Minimum Tax —
Individuals; Form 6781; Form 8586;
or Form 8844, Empowerment Zone
and Renewal Community
Employment Credit; or Form 8884,
New York Liberty Zone Business
Employee Credit.
You must attach copies of all
required forms listed above,
CAUTION and complete all lines on
Form 1045 that apply to you.
Otherwise, your application may be
disallowed.

!

Processing the
Application
The IRS will process your application
within 90 days from the later of:

• The date you file the complete

application, or
• The last day of the month that
includes the due date (including
extensions) for filing your 2008
income tax return (or, for a claim of
right adjustment, the date of the
overpayment under section
1341(b)(1)).
The processing of Form 1045 and
the payment of the requested refund
does not mean the IRS has accepted
your application as correct. If the IRS
later determines that the claimed
deductions or credits are due to an
overstatement of the value of
property, negligence, disregard of
rules, or substantial understatement
of income tax, you may have to pay
penalties. Any additional tax also will
generate interest compounded daily.
The IRS may need to contact you
or your authorized representative (for
example, your accountant or tax
return preparer) for more information
so we can process your application. If
you want to designate a
representative for us to contact,
attach a copy of your authorization to
Form 1045. For this purpose, you can
use Form 2848, Power of Attorney
and Declaration of Representative.

Disallowance of the
Application
Your application is not treated as a
claim for credit or refund. It may be
disallowed if it has material omissions
or math errors that are not corrected
within the 90-day period. If the
application is disallowed in whole or
in part, no suit challenging the
disallowance can be brought in any
court. But you can file a regular claim
for credit or refund before the
limitation period expires, as explained
later under Form 1040X or Other
Amended Return.

Excessive Allowances
Any amount applied, credited, or
refunded based on this application
that the IRS later determines to be
excessive may be billed as if it were
due to a math or clerical error on the
return.

Form 1040X or Other
Amended Return
Individuals can get a refund by filing
Form 1040X, Amended U.S.
Individual Income Tax Return, instead
of Form 1045. An estate or trust can
file an amended Form 1041, U.S.
Income Tax Return for Estates and
-2-

Trusts. Generally, you must file an
amended return no later than 3 years
after the due date of the return for the
applicable tax year.
If you use Form 1040X or other
amended return, follow the
instructions for that return. Attach to
the amended return a copy of
Schedule A of Form 1045 showing
the computation of the NOL and, if
applicable, a copy of Schedule B of
Form 1045 showing the computation
of the NOL carryover. Complete a
separate Form 1040X or other
amended return for each year for
which you request an adjustment.
The procedures for Form 1040X
and Form 1045 are different. The IRS
is not required to process your Form
1040X within 90 days. However, if we
do not process it within 6 months
from the date you file it, you can file
suit in court. If the IRS disallows your
claim on Form 1040X and you
disagree with that determination, you
must file suit no later than 2 years
after the date we disallow it.

Additional Information
For more details on NOLs, see Pub.
536, Net Operating Losses (NOLs)
for Individuals, Estates, and Trusts.

Specific Instructions
Address
P.O. box. Enter your box number
only if your post office does not
deliver mail to your street address.
Foreign address. Enter the
information in the following order:
City, province or state, and country.
Follow the country’s practice for
entering the postal code. Do not
abbreviate the country name.

Line 1b—Unused
General Business Credit
If you claim a tentative refund based
on the carryback of an unused
general business credit, attach a
detailed computation showing how
you figured the credit carryback and a
recomputation of the credit after you
apply the carryback. Generally, an
unused general business credit can
be carried back 1 year. Make the
recomputation on Form 3800 (or
Form 8844, Form 6478, or Form
8835, Section B, if applicable) for the
tax year of the tentative allowance.
If you filed a joint return (or
separate return) for some but not all

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Instructions for Form 1045

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of the tax years involved in figuring
the unused credit carryback, special
rules apply to figuring the carryback.
See the instructions for Form 3800.

Line 1c—Net Section
1256 Contracts Loss
An individual can elect to carry back a
net section 1256 contracts loss to
each of the 3 tax years preceding the
loss year. An estate or trust is not
eligible to make this election. To
make the election, check box D at the
top of Form 6781. The amount which
can be used in any prior tax year
cannot exceed the net section 1256
contract gain in that year and cannot
increase or create an NOL for that
year. Reflect the carryback as a
reduction to your adjusted gross
income in the “After carryback”
column on line 10. Attach to Form
1045 a copy of Form 6781 and
Schedule D (Form 1040) for the year
of the net section 1256 contracts loss
and an amended Form 6781 and an
amended Schedule D (Form 1040)
for each carryback year. For more
details, see section 1212(c).

Line 9
If an NOL or net section 1256
contracts loss carryback eliminates or
reduces a prior year foreign tax
credit, you cannot use Form 1045 to
carry the released foreign tax credits
to earlier years. Also, if the released
foreign tax credits result in the
release of general business credits,
you cannot use Form 1045 to carry
the released general business credits
to earlier years. Instead, you must file
Form 1040X or other amended return
to claim refunds for those years. For
details, see Rev. Rul. 82-154, 1982-2
C.B. 394.

Lines 10 Through 27—
Computation of
Decrease in Tax
Use one pair of columns to enter
amounts before and after carryback
for each year to which the loss is
being carried. Start with the earliest
carryback year. A net section 1256
contracts loss can be carried back 3
years. See the instructions for line 10
on this page to figure the tax years to
which you can carry an NOL. Use the
remaining pairs of columns for each
consecutive preceding tax year until
the loss is fully absorbed. Enter the
ordinal number of years the loss is
being carried back and the date the
carryback year ends in the spaces

provided in the headings above line
10 for each pair of columns.
Example. Your tax year is the
2008 calendar year and you are
carrying an NOL back 2 years. You
enter “2nd” and “12/31/06” in the left
column heading in the spaces
provided. The column heading now
reads “2nd preceding tax year ended
12/31/06.”
For each carryback year, enter in
the column labeled “Before
carryback” the amounts for the
carryback year as shown on your
original or amended return. If the
amounts were previously adjusted by
you or the IRS, enter the amounts
after adjustment.

Line 10—NOL Deduction
After Carryback
Use the following rules to figure the
tax years to which you must carry an
NOL shown on Schedule A, line 25. If
an NOL is not fully absorbed in a year
to which it is carried, complete
Schedule B to figure the amount to
carry to the next carryback year.
Note. You may need to use
additional Forms 1045 to carry back
an NOL. Complete lines 1 through 9
and Schedule A on only one Form
1045. Use this Form 1045 for the
earliest preceding tax years. You
must sign this Form 1045, but do not
need to sign the other Forms 1045.
General rule. You generally must
carry back the entire NOL to the 2nd
tax year before the loss year. Any
loss not used in the 2nd preceding
year is then carried to the 1st
preceding year. Any loss not applied
in the 2 preceding years can be
carried forward up to 20 years. The
2-year carryback period does not
apply to the portion of an NOL
attributable to an eligible loss, a
farming loss, a qualified GO Zone
loss, or a specified liability loss.
Eligible losses. To the extent the
NOL is an eligible loss (defined on
page 1), it is carried back to the 3rd
tax year before the loss. Any loss not
used in that year is carried to the 2nd
and then the 1st preceding year. Any
such loss that is not applied in the 3
preceding years can be carried
forward up to 20 years.
Only the eligible loss portion of the
NOL can be carried back 3 years.
Example. You have a $20,000
NOL of which only $5,000 is an
eligible loss. The $5,000 eligible loss
is carried back 3 years, but the
remaining $15,000 loss is carried
-3-

back only 2 years, although you had
modified taxable income of more than
$5,000 in the 3rd preceding year.
Farming losses. To the extent the
NOL is a farming loss (defined on
page 1), that part of the loss is
carried back to the 5th tax year
before the loss. Any such loss not
used in that year is carried to the 4th
preceding year and then applied
consecutively forward through the 1st
preceding year. Any such loss not
applied in the 5 preceding years can
be carried forward up to 20 years.
Only the farming loss portion of the
NOL can be carried back 5 years.
Example. You operate a farming
business and incur an NOL of
$50,000 for 2008. $25,000 of the
NOL is attributable to income and
deductions of your farming business;
$10,000 is attributable to a fire in your
personal residence (an eligible loss);
and the remaining $15,000 is
attributable to your spouse’s work as
an employee. The $25,000 farming
loss is carried back 5 years; the
$10,000 eligible loss is carried back 3
years; and the remaining $15,000
loss is carried back 2 years. Any
unused portion of this NOL can be
carried forward up to 20 years.
You can make an irrevocable
election to figure the carryback period
for a farming loss without regard to
the special 5-year carryback rule. To
make this election for 2008, attach to
your 2008 income tax return filed by
the due date (including extensions) a
statement that you are electing to
treat any 2008 farming losses without
regard to the special 5-year carryback
rule. If you filed your original return on
time, you can make the election on
an amended return filed within 6
months after the due date of the
return (excluding extensions). Attach
the election to the amended return,
and write “Filed pursuant to section
301.9100-2” on the election
statement. File the amended return at
the same address you used for your
original return. Once made, the
election is irrevocable.
Qualified GO Zone losses. To the
extent the NOL is a qualified GO
Zone loss (defined on page 1), that
part of the loss is carried back to the
5th tax year before the loss. Any such
loss not used in that year is carried to
the 4th preceding year and then
applied consecutively forward through
the 1st preceding year. Any such loss
not applied in the 5 preceding years
can be carried forward up to 20
years.

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Instructions for Form 1045

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Only the qualified GO Zone loss
portion of the NOL can be carried
back 5 years.
Example. You have a $40,000
NOL of which only $15,000 is a
qualified GO Zone loss. The $15,000
qualified Go Zone loss is carried back
5 years, but the remaining $25,000
loss is carried back only 2 years. Any
unused portion of this NOL can be
carried forward up to 20 years.
You can make an irrevocable
election to figure the carryback period
for a qualified GO Zone loss without
regard to the special 5-year carryback
rule. To make this election for 2008,
attach to your 2008 income tax return
filed by the due date (including
extensions) a statement that you are
electing to treat any 2008 qualified
GO Zone losses without regard to the
special 5-year carryback rule. If you
filed your original return on time, you
can make the election on an
amended return filed within 6 months
after the due date of the return
(including extensions). Attach the
election to the amended return, and
write “Filed pursuant to section
301.9100-2” on the election
statement. File the amended return at
the same address you used for your
original return. Once made, the
election is irrevocable.
Specified liability losses. To the
extent an NOL is a specified liability
loss (defined on page 1), that part of
the loss is carried back to the 10th
tax year before the loss. Any such
loss not used in that year is carried to
the 9th preceding year and then
applied consecutively forward through
the 1st preceding year. Any such loss
that is not applied in the 10 preceding
years can be carried forward up to 20
years.
Only the specified liability loss
portion of the NOL can be carried
back 10 years.
You can make an irrevocable
election to figure the carryback period
for a specified liability loss without
regard to the special 10-year
carryback rule. To make this election
for 2008, attach to your 2008 income
tax return filed by the due date
(including extensions) a statement
that your are electing to treat any
2008 specified liability losses without
regard to the special 10-year
carryback rule. If you filed your
original return on time, you can make
the election on an amended return
filed within 6 months after the due
date of the return (excluding
extensions). Attach the election to the

amended return, and write “Filed
pursuant to section 301.9100-2” on
the election statement. File the
amended return at the same address
you used for your original return.
Once made, the election is
irrevocable.
Special rules. Special rules apply if
you filed a joint return (or a separate
return) for some but not all of the tax
years involved in figuring an NOL
carryback. For details, see Pub. 536.
Attach a computation showing how
you figured the carryback.

Line 11—Adjusted
Gross Income
Enter in the column labeled “Before
carryback” your adjusted gross
income (AGI) for the carryback year
as shown on your original or
amended return.
Enter in the column labeled “After
carryback” your adjusted gross
income refigured after you apply the
NOL or net 1256 contracts loss
carryback.
To refigure your adjusted gross
income for the year in which an NOL
is fully absorbed or a net section
1256 contracts loss is carried back,
refigure any items of income and any
deductions that are based on or
limited to a percentage of your
adjusted gross income. Amounts to
refigure include:
• The special allowance for passive
activity losses from rental real estate
activities,
• Taxable social security benefits,
• IRA deductions,
• The student loan interest
deduction,
• The tuition and fees deduction,
• Excludable savings bond interest,
and
• The exclusion of amounts received
under an employer’s adoption
assistance program.

Line 12—Deductions
Individuals. Enter in the column
labeled “Before carryback” for each
applicable carryback year the amount
shown (or as previously adjusted) on
Form 1040:
• Line 40 for 2005 –2007,
• Line 39 for 2004,
• Line 37 for 2003,
• Line 38 for 2002, or
• Line 36 for 1998 –2001.
If you filed Form 1040NR, enter
the amount shown (or as previously
adjusted) on:
• Line 37 for 2005 –2007,
-4-

•
•
•
•

Line 36 for 2004,
Line 35 for 2003,
Line 36 for 2002, or
Line 35 for 1998 –2001.
If you filed Form 1040A, enter the
amount shown (or as previously
adjusted) on:
• Line 24 for 2002 –2007,
• Line 22 for 2000 –2001, or
• Line 21 for 1998 –1999.
If you filed Form 1040EZ and
checked the “Yes” box on Form
1040EZ, line 5, (for 2005 - 2007, any
box on line 5), enter the amount
shown (or as previously adjusted) on
line E (line D for 2005) of the
worksheet on the back of Form
1040EZ. If you checked the “No” box
(for 2005 - 2007, you did not check
any box), enter:
• $5,350 for 2007 ($10,700 if
married),
• $5,150 for 2006 ($10,300 if
married),
• $5,000 for 2005 ($10,000 if
married),
• $4,850 for 2004 ($9,700 if married),
• $4,750 for 2003 ($9,500 if married),
• $4,700 for 2002 ($7,850 if married),
• $4,550 for 2001 ($7,600 if married),
• $4,400 for 2000 ($7,350 if married),
• $4,300 for 1999 ($7,200 if married),
or
• $4,250 for 1998 ($7,100 if married).
If you used TeleFile for your
original return and someone else
could claim you as a dependent on
their return, see Form 1040EZ for the
year in question and complete the
worksheet on the back of that form.
Next, enter the amount from line E of
that worksheet on Form 1045, line 13,
in the column labeled “Before
carryback” for the applicable year. If
no one could claim you as a
dependent, enter the amount listed
above for that year.
After carryback. If you itemized
deductions in the carryback year,
enter in the column labeled “After
carryback” the total of your
deductions after refiguring any that
are based on, or limited to a
percentage of, your adjusted gross
income. Use your adjusted gross
income determined after you apply
the NOL or net section 1256
contracts loss carryback. Amounts
you may have to refigure include:
• Medical expenses,
• Qualified mortgage insurance
premiums,
• Personal casualty and theft losses,
• Miscellaneous deductions subject
to the 2% limit, and
• Itemized deductions subject to the
overall limit of section 68.

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Instructions for Form 1045

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!

Do not refigure your charitable
contributions deduction.

CAUTION

If you have an NOL, see Pub. 536
for more information and examples.
If you did not itemize deductions in
the carryback year, enter your
standard deduction for that year.

Line 14—Exemptions
Individuals. Enter in the column
labeled “Before carryback” for each
applicable carryback year, the
amount shown (or as previously
adjusted) on Form 1040:
• Line 42 for 2005 –2007,
• Line 41 for 2004,
• Line 39 for 2003,
• Line 40 for 2002, or
• Line 38 for 1998 –2001.
If you filed Form 1040NR, enter
the amount shown (or as previously
adjusted) on:
• Line 39 for 2005 –2007,
• Line 38 for 2004,
• Line 37 for 2003,
• Line 38 for 2002, or
• Line 37 for 1998 –2001.
If you filed Form 1040A, enter the
amount shown (or as previously
adjusted) on:
• Line 26 for 2002 –2007,
• Line 24 for 2000 –2001, or
• Line 23 for 1998 –1999.
If you filed Form 1040EZ and
checked the “Yes” box on Form
1040EZ, line 5 (for 2005 - 2007, the
“You” box on line 5), enter zero (or
the amount from line F (line E for
2005) of the 1040EZ worksheet if
married). If you checked the “No” box
(for 2005 - 2007, you did not check
any box), enter:
• $3,400 for 2007 ($6,800 if married),
• $3,300 for 2006 ($6,600 if married),
• $3,200 for 2005 ($6,400 if married),
• $3,100 for 2004 ($6,200 if married),
• $3,050 for 2003 ($6,100 if married),
• $3,000 for 2002 ($6,000 if married),
• $2,900 for 2001 ($5,800 if married),
• $2,800 for 2000 ($5,600 if married),
• $2,750 for 1999 ($5,500 if married),
or
• $2,700 for 1998 ($5,400 if married).
If you used TeleFile for your
original return and someone else
could claim you as a dependent on
their return, enter zero if you were
single. If you were married, see Form
1040EZ for the year in question and
complete the worksheet on the back
of that form. Next, enter the amount
from line F of that worksheet on Form
1045, line 15, in the column labeled
“Before carryback” for the applicable

year. If no one could claim you as a
dependent, enter the amount listed
above for that year.
After carryback. If your
deduction for personal exemptions in
the carryback year was limited based
on your adjusted gross income, enter
in the column labeled “After
carryback” the deduction for personal
exemptions refigured using the
adjusted gross income determined
after you apply the NOL or net
section 1256 contracts loss
carryback.
Estates and trusts. Enter in the
columns labeled “Before carryback”
and “After carryback” for each
applicable carryback year the amount
shown (or as previously adjusted) on
Form 1041, line 20.

Line 16—Income Tax
Refigure your tax for each carryback
year after taking into account the
NOL or net section 1256 contracts
loss carryback. Include any tax from
Form 4970, Tax on Accumulation
Distribution of Trusts, and Form 4972,
Tax on Lump-Sum Distributions.
Attach any schedule used to figure
your tax or an explanation of the
method used to figure the tax and, if
necessary, a detailed computation.
For example, write “Tax
Computation Worksheet –2006” if this
is the method used for that year. You
do not need to attach a detailed
computation of the tax in this case.

Line 17—Alternative
Minimum Tax
The carryback of an NOL or net
section 1256 contracts loss may
affect or cause you to owe alternative
minimum tax. Individuals use Form
6251 to figure this tax. Estates and
trusts use Schedule I (Form 1041).
The 90% limit on the alternative
tax net operating loss deduction
(ATNOLD) does not apply to the
portion of an ATNOLD attributable to
qualified GO Zone losses. Instead,
the ATNOLD for the tax year is
limited to the sum of:
1. The smaller of:
a. The sum of the ATNOL
carrybacks and carryforwards to the
tax year attributable to NOLs other
than qualified GO Zone losses, or
b. 90% of AMTI for the tax year
(figured without regard to the
ATNOLD and any domestic
production activities deduction), plus
-5-

2. The smaller of:
a. The sum of the ATNOL
carrybacks to the tax year attributable
to qualified GO Zone losses, or
b. AMTI for the tax year (figured
without regard to the ATNOLD and
any domestic production activities
deduction) reduced by the amount
determined under (1), above.

Line 19—General
Business Credit
Enter in the column labeled “After
carryback” for each affected
carryback year the total of the
recomputed general business credits,
using Form 3800, 8844, or 6478, or
Form 8835, Section B.
If an NOL or net section 1256
contracts loss carryback eliminates or
reduces a general business credit in
an earlier year, you may be able to
carry back the released credit 1 year
(3 years if the credit arose in a tax
year beginning before 1998). See
section 39 and the instructions for
Form 3800 for more details on
general business credit carrybacks.

Line 20—Other Credits
See your tax return for the carryback
year for any additional credits such as
the earned income credit, credit for
child and dependent care expenses,
child tax credit, education credits,
foreign tax credit, retirement savings
contributions credit, etc., that will
apply in that year. If you make an
entry on this line, identify the credit(s)
claimed.
After carryback. Refigure any
credits included on this line that are
based on or limited by your tax
liability. Use your tax liability
determined after you apply the NOL
or net section 1256 contracts loss
carryback.

Line 23—
Self-Employment Tax
Do not adjust self-employment tax
because of any carryback.

Line 24—Other Taxes
See your tax return for the carryback
year for any other taxes not
mentioned above, such as recapture
taxes, tax on an IRA, etc., that will
apply in that year. If you make an
entry on this line, identify the taxes
that apply.

Page 6 of 10

Instructions for Form 1045

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The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Line 28—Overpayment
of Tax Under Section
1341(b)(1)
If you apply for a tentative refund
based on an overpayment of tax
under section 1341(b)(1), enter it on
this line. Also, attach a computation
showing the information required by
Regulations section 5.6411-1(d).

Signature
Individuals. Sign and date Form
1045. If Form 1045 is filed jointly,
both spouses must sign.
Estates. All executors or
administrators must sign and date
Form 1045.
Trusts. The fiduciary or an
authorized representative must sign
and date Form 1045.

Schedule A—NOL
Complete and file this schedule to
determine the amount of the NOL that
is available for carryback or
carryover.

Line 2—Nonbusiness Capital
Losses
Do not include on this line any section
1202 exclusion amounts (even if
entered as losses on Schedule D
(Form 1040) or Schedule D (Form
1041).

Line 6—Nonbusiness
Deductions
Enter as a positive number
deductions that are not connected
with a trade or business. They
include:
• IRA deductions,
• Health savings account deduction,
• Archer MSA deduction,
• Deductions for payments on behalf
of a self-employed individual to a
SEP, SIMPLE, or qualified plan,
• Alimony paid,
• Most itemized deductions (except
for state income tax on business
profits, casualty and theft losses, and
any employee business expenses),
and
• The standard deduction.
Do not enter business deductions
on line 6. These are deductions that
are connected with a trade or
business. They include:
• State income tax on business
profits,
• Educator expenses,
• Moving expenses,
• The deduction for one-half of
self-employment tax,

• Domestic production activities

deduction,
• Rental losses,
• Loss on the sale or exchange of
business real estate or depreciable
property,
• Your share of a business loss from
a partnership or an S corporation,
• Ordinary loss on the sale or
exchange of section 1244 (small
business) stock,
• Ordinary loss on the sale or
exchange of stock in a small business
investment company operating under
the Small Business Investment Act of
1958,
• Loss from the sale of accounts
receivable if such accounts arose
under the accrual method of
accounting, and
• If you itemized your deductions,
casualty and theft losses (even if they
involve nonbusiness property) and
employee business expenses (such
as union dues, uniforms, tools, and
educational expenses).

Line 7—Nonbusiness
Income Other Than Capital
Gains
Enter income that is not from a trade
or business. Examples are ordinary
dividends, annuities, and interest on
investments.
Do not enter business income on
line 7. This is income from a trade or
business and includes:
• Salaries and wages,
• Rental income,
• Gain on the sale or exchange of
business real estate or depreciable
property, and
• Your share of business income
from a partnership or an S
corporation.
For more details on business and
nonbusiness income and deductions,
see Pub. 536.

Line 17—Section 1202
Exclusion
Enter as a positive number any gain
excluded under section 1202 on the
sale or exchange of qualified small
business stock.

Schedule B—NOL
Carryover
Complete and file this schedule to
determine the NOL deduction for
each carryback year and the amount
to be carried forward, if not fully
absorbed.
-6-

If an NOL is more than the
modified taxable income for the
earliest year to which it is carried, you
must file Schedule B to figure the
amount of the NOL to be carried to
the next tax year. The amount of the
carryover is the excess, if any, of the
NOL carryback over the modified
taxable income for that earlier year.
Modified taxable income is the
amount figured on line 9 of
Schedule B.
If you carry two or more NOLs
to a tax year, figure your
CAUTION modified taxable income by
deducting the NOLs in the order in
which they were incurred. First,
deduct the NOL from the earliest
year, then the NOL from the next
earliest year, etc. After you deduct
each NOL, there will be a new,
smaller, modified taxable income to
compare to any remaining NOL.

!

Make the same entries in each
column heading as on page 1 of
Form 1045 (see the instructions for
Lines 10 Through 27 on page 3).

Line 2
Do not take into account on this line
any NOL carryback from 2008 or
later. However, do take into account
NOLs that occurred in tax years
before 2008 and are otherwise
allowable as carrybacks or
carryovers.
Note. If your taxable income is
shown as zero on your tax return (or
as previously adjusted) for any
carryback year, refigure it without
limiting the result to zero, and enter it
on line 2 as a negative number.

Line 3—Net Capital Loss
Deduction
Individuals. Enter as a positive
number the amount, if any, shown (or
as previously adjusted) on Schedule
D (Form 1040), line 21 (line 18 for
1998–2003).
Estates and trusts. Enter as a
positive number the amount, if any,
shown (or as previously adjusted) on
Schedule D (Form 1041), line 16 (line
17 for 1998 –2003).

Line 4—Section 1202
Exclusion
Enter as a positive number any gain
excluded under section 1202 on the
sale or exchange of qualified small
business stock.

Page 7 of 10

Instructions for Form 1045

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The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Line 5—Domestic
Production Activities
Deduction
Enter the amount of any domestic
production activities deduction
claimed on your return.

Line 6—Adjustments to
Adjusted Gross Income
If you entered an amount on line 3 or
line 4, you must refigure certain
income and deductions based on
adjusted gross income. These
include:
• The special allowance for passive
activity losses from rental real estate
activities,
• Taxable social security benefits,
• IRA deductions,
• Excludable savings bond interest,
• The exclusion of amounts received
under an employer’s adoption
assistance program,
• The student loan interest
deduction, and
• Tuition and fees deduction.
For purposes of figuring the
adjustment to each of these items,
your adjusted gross income is
increased by the total of the amounts
on line 3 and line 4. Do not take into
account any NOL carryback from
2008 or later.
Generally, figure the adjustment to
each item of income or deduction in
the order listed above and, when
figuring the adjustment to each
subsequent item, increase or
decrease adjusted gross income by
the total adjustments you figured for
the previous items. However, a
special rule applies if you received
social security benefits and deducted

IRA contributions. Use the
worksheets in Pub. 590, Individual
Retirement Arrangements (IRAs), to
refigure your taxable social security
benefits and IRA deductions under
the special rule.
Enter on line 6 the total
adjustments made to the listed items.
Attach a computation showing how
you figured the adjustments.

Line 7—Adjustment to
Itemized Deductions
Individuals. Skip this line if, for the
applicable carryback year:
• You did not itemize deductions, or
• The amounts on Schedule B, lines
3 through 5, are zero.
Otherwise, complete lines 11 through
38 and enter on line 7 the amount
from line 38 (or, if applicable, line 14
of the worksheet on page 8).
Estates and trusts. Recompute the
miscellaneous itemized deductions
shown (or as previously adjusted) on
Form 1041, line 15b, and any
casualty or theft losses shown (or as
previously adjusted) on Form 4684,
Casualties and Thefts, line 18 (line 20
for 2005 and 2006) by substituting
modified adjusted gross income (see
below) for the adjusted gross income
of the estate or trust. Subtract the
recomputed deductions and losses
from the deductions and losses
previously shown, and enter the
difference on line 7.
Modified adjusted gross income
for estates and trusts. For
purposes of figuring miscellaneous
itemized deductions subject to the 2%
limit, figure modified adjusted gross
income by adding the following

amounts to the adjusted gross
income previously used to figure
these deductions.
• The total of the amounts from lines
3 through 6 of Form 1045,
Schedule B.
• The exemption amount shown (or
as previously adjusted) on Form
1041, line 20.
• The income distribution deduction
shown (or as previously adjusted) on
Form 1041, line 18.
For purposes of figuring casualty
or theft losses, figure modified
adjusted gross income by adding the
total of the amounts from lines 3
through 6 of Form 1045, Schedule B,
to the adjusted gross income
previously used to figure these
losses.

Line 10—NOL Carryover
After completing all applicable
columns, carry forward to 2009 the
amount, if any, on line 10 of the
column for the 1st preceding tax year.

Line 20—Refigured Qualified
Mortgage Insurance
Premiums
Is your modified adjusted gross
income from Form 1045, Schedule B,
line 13, more than $100,000 ($50,000
if married filing separately)?
䡺 Yes. Your deduction is limited.
Refigure your deduction using the
Qualified Mortgage Insurance
Premiums Deduction Worksheet
below.
䡺 No. Your deduction is not
limited. Skip line 20 and enter -0- on
line 21.

Qualified Mortgage Insurance Premiums Deduction Worksheet—Line 20
Before you begin:
1.
2.
3.
4.

5.
6.
7.

⻫

Keep for Your Records

See the instructions for line 20 above to see if you must use this worksheet to refigure your deduction.

Enter the total premiums you paid in 2007 for qualified mortgage insurance for a contract issued in 2007
Enter the amount from Form 1045, Schedule B, line 13 . . . . . . . . . . . . . . . . . . . . . 2.
Enter $100,000 ($50,000 if married filing separately) . . . . . . . . . . . . . . . . . . . . . . 3.
Is the amount on line 2 more than the amount on line 3?
䡺 No. Your deduction is not limited. Skip line 20 of Form 1045, Schedule B, and
enter -0- on line 21. Do not complete the rest of this worksheet.
䡺 Yes. Subtract line 3 from line 2. If the result is not a multiple of $1,000 ($500 if
married filing separately), increase it to the next multiple of $1,000 ($500
if married filing separately). For example, increase $425 to $1,000,
increase $2,025 to $3,000; or if married filing separately, increase $425 to
$500, increase $2,025 to $2,500, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 4.
Divide line 4 by $10,000 ($5,000 if married filing separately). Enter the result as a decimal. If the result is
1.0 or more, enter 1.0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Multiply line 1 by line 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Refigured qualified mortgage insurance premiums deduction. Subtract line 6 from line 1. Enter the
result here and on Form 1045, Schedule B, line 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

-7-

1.

5.
6.
7.

Page 8 of 10

Instructions for Form 1045

11:42 - 5-AUG-2008

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Line 26—Refigured
Charitable Contributions
Refigure your charitable contributions
using line 24 as your adjusted gross
income unless, for any preceding tax
year:
• You entered an amount other than
zero on line 23, and
• You had any items of income or
deductions based on adjusted gross
income which are listed in the
instructions for line 6 of
Schedule B on this page.
If you cannot use the amount from
line 24 as your adjusted gross
income, figure your adjusted gross
income as follows.
1. Figure the adjustment to each
item of income or deduction in the
same manner as explained in the
instructions for line 6 of Schedule B
on this page, except do not take into

account any NOL carrybacks when
figuring adjusted gross income.
Attach a computation showing how
you figured the adjustments.
2. Add lines 3, 4, 5, 11, and 23 of
Schedule B to the total adjustments
you figured in (1) above. Use the
result as your adjusted gross income
to refigure charitable contributions.
For NOL carryover purposes, you
must reduce any charitable
contributions carryover to the extent
that the NOL carryover on line 10 is
increased by any adjustment to
charitable contributions.

Line 35
Complete the worksheet on page 8 if
line 19, Schedule B, is more than:
• $124,500 for 1998 ($62,250 if
married filing separately),

-8-

• $126,600 for 1999 ($63,300 if
married filing separately),

• $128,950 for 2000 ($64,475 if
married filing separately),

• $132,950 for 2001 ($66,475 if
married filing separately),

• $137,300 for 2002 ($68,650 if
married filing separately),

• $139,500 for 2003 ($69,750 if

married filing separately),
• $142,700 for 2004 ($71,350 if
married filing separately),
• $145,950 for 2005 ($72,975 if
married filing separately),
• $150,500 for 2006 ($75,250 if
married filing separately), or
• $156,400 for 2007 ($78,200 if
married filing separately).
Only complete a column for each
year that meets the above
requirements.

Page 9 of 10

Instructions for Form 1045

11:42 - 5-AUG-2008

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Itemized Deductions Limitation Worksheet—See the instructions for line 35 on page 8 (keep for your records)
䊳

Enter applicable carryback year

1. Add the amounts from Form 1045,
Schedule B, lines 17, 20, 26, 31, and 36,
and the amounts from Schedule A (Form
1040), lines 9, 14, and 27 (lines 10, 11, 12,
14, and 28 for 2007), or the amounts from
Schedule A (Form 1040NR), lines 3 and 16;
(or as previously adjusted)
2. Add the amounts from Form 1045,
Schedule B, lines 17 and 31; Schedule A
(Form 1040), line 13 (line 14 for 2007), line
15b for 2005, and any gambling losses
included on line 27 (line 28 for 2007); or
Schedule A (Form 1040NR), line 4b for
2005; (or as previously adjusted)
3. Subtract line 2 from line 1. If the result is
zero or less, stop here; combine the
amounts from Form 1045, Schedule B,
lines 18, 21, 27, 32, and 37, and enter the
result on line 38 and line 7 of Form 1045,
Schedule B
4. Multiply line 3 by 80% (.80)
5. Enter the amount
Schedule B, line 19

from

Form

1045,

6. Enter:
● $124,500 for 1998 ($62,250 if married
filing separately);
● $126,600 for 1999 ($63,300 if married
filing separately);
● $128,950 for 2000 ($64,475 if married
filing separately);
● $132,950 for 2001 ($66,475
filing separately);
● $137,300 for 2002 ($68,650
filing separately);
● $139,500 for 2003 ($69,750
filing separately);
● $142,700 for 2004 ($71,350
filing separately);
● $145,950 for 2005 ($72,975
filing separately);
● $150,500 for 2006 ($75,250
filing separately);
● $156,400 for 2007 ($78,200
filing separately).
7. Subtract line 6 from line 5

if married
if married
if married
if married
if married
if married
if married

8. Multiply line 7 by 3% (.03)
9. Enter the smaller of line 4 or line 8
10. Is the applicable carryback year 2006 or
2007?

其

No. Skip lines 10 and 11, go to line 12
Yes. Divide line 9 by 3.0
11. Subtract line 10 from line 9
12. Is the applicable carryback year 2006 or
2007?
No. Subtract line 9 from line 1
Yes. Subtract line 11 from line 1

其

13. Total itemized deductions from Schedule A
(Form 1040), line 28 (line 29 for 2007), or
Schedule A (Form 1040NR), line 17, (or as
previously adjusted)
14. Subtract line 12 from line 13. Enter the
difference here and on line 7 of Form 1045,
Schedule B

-9-

Page 10 of 10

Instructions for Form 1045

11:42 - 5-AUG-2008

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Disclosure, Privacy Act, and
Paperwork Reduction Act Notice.
We ask for the information on this
form to carry out the Internal
Revenue laws of the United States.
You may use Form 1045 to apply
under section 6411 for a quick refund
of tax for a prior year affected by
certain carrybacks. If you file Form
1045, you are required to give us the
requested information. We need it to
ensure that you are complying with
these laws and to allow us to figure
and collect the right amount of tax.
Section 6109 requires that you
disclose your taxpayer identification
number (SSN, ITIN, or EIN). If you do
not provide the information
requested, we may be unable to
process this application. Providing
false or fraudulent information may
subject you to penalties.
You are not required to provide the
information requested on a form that
is subject to the Paperwork Reduction
Act unless the form displays a valid
OMB control number. Books or
records relating to a form or its
instructions must be retained as long
as their contents may become
material in the administration of any
Internal Revenue law.
Generally, tax returns and return
information are confidential, as stated
in section 6103. However, section
6103 allows or requires the Internal
Revenue Service to disclose or give

the information shown on your tax
return to others as described in the
Internal Revenue Code. For example,
we may disclose your tax information
to the Department of Justice, to
enforce the tax laws, both civil and
criminal, and to cities, states, the
District of Columbia, U.S.
commonwealths or possessions, and
certain foreign governments to carry
out their tax laws. We may disclose
your tax information to the
Department of Treasury and
contractors for tax administration
purposes; and to other persons as
necessary to obtain information which
we cannot get in any other way in
order to determine the amount of or
to collect the tax you owe. We may
disclose your tax information to the
Comptroller General of the United
States to permit the Comptroller
General to review the Internal
Revenue Service. We may disclose
your tax information to Committees of
Congress; federal, state, and local
child support agencies; and to other
federal agencies for the purposes of
determining entitlement for benefits or
the eligibility for and the repayment of
loans. We may also disclose this
information to other countries under a
tax treaty, to federal and state
agencies to enforce federal nontax
criminal laws, or to federal law
enforcement and intelligence
agencies to combat terrorism.

-10-

The time needed to complete and
file this form will vary depending on
individual circumstances. The
estimated burden for individual
taxpayers filing this form is approved
under OMB control number
1545–0074 and is included in the
estimates shown in the instructions
for their individual income tax return.
The estimated burden for all other
taxpayers who file this form is shown
below.
Recordkeeping . . . . . . . 21 hr., 12 min.
Learning about the law
or the form . . . . . . . . . .
9 hr., 6 min.
Preparing the form . . . . 12 hr., 1 min.
Copying, assembling,
and sending the form to
the IRS . . . . . . . . . . . . .
1 hr., 3 min.

If you have comments concerning
the accuracy of these time estimates
or suggestions for making this form
simpler, we would be happy to hear
from you. You can write to the
Internal Revenue Service, Tax
Products Coordinating Committee,
SE:W:CAR:MP:T:T:SP, 1111
Constitution Ave., NW, IR-6526,
Washington, DC 20224.
Do not send the form to this
address. Instead, see Where To File
on page 2.