Corporation Application for Tentative Refund

Forms and Documents

Document Name	Status
Form 1139 Corporation Application for Tentative Refund Form	Modified
Major Changes to the Instructions for 1139 (Rev March 2009).pdf Justification for No Material/Nonsubstantive Change	2009-03-16

IC Document Collections

IC ID	Document Title	Status
17281	Corporation Application for Tentative Refund Form	Modified

ICR Details

OMB Control No: 1545-0582	ICR Reference No: 200903-1545-019
Status: Historical Active	Previous ICR Reference No: 200703-1545-008
Agency/Subagency: TREAS/IRS	Agency Tracking No: ARRA (PL 111-5)
Title: Corporation Application for Tentative Refund
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/17/2009
	Date Received in OIRA: 03/17/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2010	07/31/2010	07/31/2010
Responses	3,750	0	3,000
Time Burden (Hours)	165,938	0	132,750
Cost Burden (Dollars)	0	0	0

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Abstract: Form 1139 is filed by corporations that expect to have a net operating loss, net capital loss, or unused general business credits carried back to a prior tax year. IRS uses Form 1139 to determine if the amount of the loss or unused credits is proper.

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Authorizing Statute(s): US Code: 26 USC 172 Name of Law: Net operating loss deduction
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 5 1211 Name of Law: The American Recovery & Reinvestment Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	71 FR 78272	12/28/2006
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 17987	04/10/2007
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Corporation Application for Tentative Refund	1139	Corporation Application for Tentative Refund

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	3,750	3,000	750	0	0	0
Annual Time Burden (Hours)	165,938	132,750	33,188	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Form 1139 is filed by corporations that expect to have a net operating loss, net capital loss, or unused general business credits carried back to a prior tax year. PL 111-5, The American Recovery and Reinvestment Act, permits for a 5-year carryback of 2008 net operating losses for eligible small businesses. As a result of this this new allowance and the economic conditions of the past year(2008) results in estimated increase of 750 responses of Form 1139.

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Annual Cost to Federal Government: $1,276,928

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Yes

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/17/2009

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