Application for Tentative Refund

2012

Instructions for Form 1045

Department of the Treasury
Internal Revenue Service

Application for Tentative Refund

General Instructions
Future developments. The IRS has
created a page on IRS.gov for
information about Form 1045 and its
instructions, at www.irs.gov/form1045.
Information about any future
developments affecting Form 1045
(such as legislation enacted after we
release it) will be posted on that page.

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 2012 tax year, attach
to your 2012 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 2012 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. Once made, the election is
irrevocable.

Jan 16, 2013

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 federally
declared disaster (as defined in
section 165(h)(3)(C)(i)).
An eligible loss does not include a
farming loss, a qualified disaster 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.
A farming loss does not include a
qualified disaster loss.
Qualified disaster loss. A qualified
disaster loss is the smaller of:
1. The sum of:
a. Any losses occurring in a
disaster area (as defined in section
165(h)(3)(C)) and attributable to a
federally declared disaster occurring
before January 1, 2010, plus
b. Any qualified disaster expenses
allowable under section 198A (even if
you did not elect to treat such
expenses as qualified disaster
expenses), or
2. The NOL for the tax year.
Excluded losses. A qualified
disaster loss does not include any
losses from property used in
connection with any private or
commercial golf course, country club,
massage parlor, hot tub facility,
suntan facility, or any store for which
the principal business is the sale of
alcoholic beverages for consumption
off premises.
A qualified disaster loss also does
not include any losses from any
Cat. No. 13666W

gambling or animal racing property.
Gambling or animal racing property is
any equipment, furniture, software, or
other property used directly in
connection with gambling, the racing
of animals, or the on-site viewing of
such racing, and the portion of any
real property (determined by square
footage) that is dedicated to
gambling, the racing of animals, or the
on-site viewing of such racing, unless
this portion is less than 100 square
feet.
Qualified GO Zone loss. 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 special GO
Zone depreciation or amortization
allowable for specified GO Zone
extension property for the tax year
such property is placed in service
(even if you elected not to claim the
special GO Zone depreciation
allowance for such property).
For more information on the special
GO Zone depreciation allowance, and
the definition of specified GO Zone
extension property, see Publication
536, Net Operating Losses (NOLs) for
Individuals, Estates, and Trusts.
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, net section 1256
contracts loss, or claim of right
adjustment arose.

!

CAUTION

1045.

Be sure to file your 2012
income tax return no later
than the date you file Form

If you carry back any portion of an
NOL or an unused general business
credit to tax years before the 3 years
preceding the 2012 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.

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 2012 income tax
return.

!

CAUTION

Do not include Form 1045 in
the same envelope as your
2012 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 2012 Form 1040 and
Schedules A, D, and J (Form 1040), if
applicable.
Any Form 4952, Investment Interest
Expense Deduction, attached to your
2012 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 2012 income tax
return.
All Forms 8886, Reportable
Transaction Disclosure Statement,
attached to your 2012 income tax
return.

Forms 8302, Electronic Deposit of
Tax Refund of $1 Million or More.
Alternative Minimum Tax Net
Operating Loss (AMTNOL) or
Alternative Tax Net Operating Loss
Deduction (ATNOLD) calculation.
Form 6251, Alternative Minimum
Tax–Individuals for each loss year
Any detailed allocation schedules
for a filing status change or for
different spouses between the gain
and loss years, see Pub. 536.
Any applicable election statement.
All other forms and schedules from
which a carryback results, such as
Schedule C or F (Form 1040); Form
3800, General Business Credit; Form
6478, Alcohol and Cellulosic Biofuel
Fuels Credit (for years before 2008,
Credit for Alcohol Used as Fuel);
Form 6781, Gains and Losses From
Section 1256 Contracts and
Straddles; or Form 3468, Investment
Credit.
Also attach to Form 1045 copies of
all forms or schedules for items
refigured in the carryback years, such
as Form 3800; Form 6251 (original
and revised for each gain year); and
Form 6781.
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
delayed or 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 2012
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
-2-

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
Trusts. In most cases, 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.
Instructions for Form 1045 (2012)

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.

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. An unused
eligible small business credit (ESBC)
can be carried back 5 years. An
unused general business credit, that
is not an ESBC, must be carried back
1 year.

For details about ESBCs and the
carryback of ESBCs, see the
Instructions for Form 3800.
Note. If you are carrying back an
ESBC, write “SBJA 2012” at the top of
page 1 of Form 1045 for the earliest
preceding tax year.
If you filed a joint return (or
separate return) for some but not all of
the tax years involved in figuring the
unused credit carryback, special rules
apply to figuring the carryback. See
the Instructions for Form 3800.

Instructions for Form 1045 (2012)

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 11. 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

Figure the amount of decrease,
attributable to the carryback, in tax
previously determined for each tax
year before the tax year of the net
operating loss, net capital loss, or
unused credit. The tax previously
determined will be the tax shown on
the return as filed, increased by any
amounts assessed (or collected
without assessment) as deficiencies
before the date of the filing of the
application for a tentative carryback
adjustment, and decreased by any
amounts abated, credited, refunded,
or otherwise repaid prior to that date.
Any items as to which you and the IRS
and are in disagreement at the time of
the filing of the application shall, for
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purposes of computing the tentative
carryback adjustment, be taken into
account in ascertaining the tax
previously determined only if, and to
the extent that, they were reported on
the return, or were reflected in any
amounts assessed (or collected
without assessment) as deficiencies,
or in any amounts abated, credited,
refunded, or otherwise repaid, before
the date of filing the application.
After figuring the tax previously
determined, figure the decrease in tax
previously determined attributable to
the carryback and any related
adjustments on the basis of the items
of tax taken into account in computing
the tax previously determined. In
determining any decrease attributable
to the carryback or any related
adjustment, items shall be taken into
account only to the extent that they
were reported on the return, or were
reflected in amounts assessed (or
collected without assessment) as
deficiencies, or in amounts abated,
credited, refunded, or otherwise
repaid, before the date of filing the
application for a tentative carryback
adjustment. If you and the IRS are in
disagreement as to the proper
treatment of any item, it shall be
assumed, for purposes of determining
the decrease in the tax previously
determined, that you reported the item
correctly unless, and to the extent
that, the disagreement has resulted in
the assessment of a deficiency (or the
collection of an amount without an
assessment), or the allowing or
making of an abatement, credit,
refund, or other repayment, before the
date of filing the application.
Use one pair of columns to enter
amounts before and after carryback
for each year to which the loss or
credit 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 that begin 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
2012 calendar year and you are
carrying an NOL back 2 years. You
enter “2nd” and “12/31/10” in the left
column heading in the spaces
provided. The column heading now
reads “2nd preceding tax year ended
12/31/10.”
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 disaster; a GO Zone; or a
specified liability loss.
Eligible losses. To the extent the
NOL is an eligible loss (defined
earlier), it is carried back to the 3rd tax
year before the loss. Any such 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
back only 2 years, even if 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
earlier), 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 2012. $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 election to figure
the carryback period for a farming loss
without regard to the special 5-year
carryback rule. To make this election
for 2012, attach to your 2012 income
tax return filed by the due date
(including extensions) a statement
that you are electing to treat any 2012
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. Once made,
the election is irrevocable.
Qualified disaster and GO Zone
losses. To the extent the NOL is a
qualified disaster or GO Zone loss
(defined earlier), 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
-4-

applied in the 5 preceding years can
be carried forward up to 20 years.
Only the qualified disaster or GO
Zone loss portions of the NOL can be
carried back 5 years.
Specified liability losses. To the
extent an NOL is a specified liability
loss (defined earlier), 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 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 2012, attach to
your 2012 income tax return filed by
the due date (including extensions) a
statement that you are electing to treat
any 2012 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. 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 AGI refigured after
you apply the NOL or net section
1256 contracts loss carryback and
after you refigure any items of income
and deductions that are based on or
Instructions for Form 1045 (2012)

limited to a percentage of your AGI.
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 2010 – 2011,
Line 40a for 2009,
Line 40 for 2005 – 2008,
Line 39 for 2004,
Line 37 for 2003, or
Line 38 for 2002.
If you filed Form 1040NR, enter the
amount shown (or as previously
adjusted) on:
Line 38 for 2010 – 2011,
Line 37 for 2005 – 2009,
Line 36 for 2004,
Line 35 for 2003, or
Line 36 for 2002.
If you filed Form 1040A, enter the
amount shown (or as previously
adjusted) on:
Line 24 for 2010 – 2011,
Line 24a for 2009, or
Line 24 for 2002 – 2008.
If you filed Form 1040EZ and
checked any box on Form 1040EZ,
line 5 (the “Yes” box on line 5 for 2002
– 2004), enter the amount shown (or
as previously adjusted) on line E (line
D for 2005) of the worksheet on the
back of Form 1040EZ (for 2010 –
2011, Worksheet for Line 5–
Dependents Who Checked One or
Both Boxes). If you did not check any
box (or you checked the “No” box for
2002 – 2004), enter:
$5,800 for 2011 ($11,600 if
married),
$5,700 for 2010 ($11,400 if
married),
$5,700 for 2009 ($11,400 if
married),
Instructions for Form 1045 (2012)

$5,450 for 2008 ($10,900 if
married),
$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),
or
$4,700 for 2002 ($7,850 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 (for 2010 –
2011, Worksheet for Line 5–
Dependents who checked one or both
boxes). Next, enter the amount from
line E of that worksheet (line D for
2005) on Form 1045, line 12, 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. To refigure
your deductions, use your refigured
adjusted gross income (Form 1045,
line 11, using the “After carryback”
column). Amounts you may have to
refigure include:
Medical expenses,
Mortgage insurance premiums,
Personal casualty and theft losses,
and
Miscellaneous deductions subject
to the 2% limit.

!

CAUTION

Do not refigure your
charitable contributions
deduction.

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:
-5-

Line 42 for 2005 – 2011,
Line 41 for 2004,
Line 39 for 2003, or
Line 40 for 2002.
If you filed Form 1040NR, enter the
amount shown (or as previously
adjusted) on:
Line 40 for 2010 – 2011,
Line 39 for 2005 – 2009,
Line 38 for 2004,
Line 37 for 2003, or
Line 38 for 2002.
If you filed Form 1040A, enter the
amount shown (or as previously
adjusted) on:
Line 26 for 2002 – 2011.
If you filed Form 1040EZ and
checked the “You” or “Spouse” box on
Form 1040EZ, line 5 (the “Yes” box on
line 5 for 2002 – 2004), enter zero (or
the amount from line F (line E for
2005) of the 1040EZ worksheet if
married). If you did not check any box
(or you checked the “No” box for 2002
– 2004), enter:
$3,700 for 2011 ($7,400 if married),
$3,650 for 2010 ($7,300 if married),
$3,650 for 2009 ($7,300 if married),
$3,500 for 2008 ($7,000 if married),
$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),
or
$3,000 for 2002 ($6,000 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 14,
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 your
refigured adjusted gross income
(Form 1045, line 11, using the “After
carryback” column).

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

Use your refigured taxable income
(Form 1045, line 15, using the “After
carryback” column) to refigure your
tax for each carryback year. 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–2009” 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 disaster losses or 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 disaster losses or
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
2. The smaller of:
a. The sum of the ATNOL
carrybacks to the tax year attributable
to qualified disaster losses or 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 (or using Forms
3800, 5884, 6478, 8586, 8835 (Part
II), 8844, or 8846, if applicable, to
recompute the general business
credits for years before 2008).

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.
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 adjusted
gross income (AGI), modified
adjusted gross income (MAGI), or tax
liability. Use your refigured AGI,
MAGI, or tax liability to refigure your
credits for each carryback year.

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.

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
carryforward.

Line 2—Nonbusiness Capital
Losses

Do not include on this line any section
1202 exclusion amounts (even if
entered as a loss on 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 casualty and theft losses, any
employee business expenses, and
state income tax on trade or business
income), and
Standard deduction.
Do not include on line 6 the
deduction for personal exemptions for
you, your spouse, or your
dependents.
Do not include on line 6 any
business deductions. These are

-6-

Instructions for Form 1045 (2012)

deductions that are connected with a
trade or business. They include:
State income tax on income
attributable to trade or business
(including wages, salary, and
unemployment compensation),
Educator expenses,
Moving expenses,
The deduction for the deductible
part 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,
Self-employment income,
Unemployment compensation,
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.

Instructions for Form 1045 (2012)

Line 17—Section 1202
Exclusion

Schedule D (Form 1040), line 21
( line 18 for 2001 – 2003).

Schedule B—NOL
Carryover

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.

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

In most cases, 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
carryback is in most cases 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
CAUTION
your 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.

!

Line 2

Do not take into account on this line
any NOL carryback from 2012 or later.
However, do take into account NOLs
that occurred in tax years before 2012
and are otherwise allowable as
carrybacks or carryforwards.

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
-7-

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 2001 – 2003).
Enter as a positive number any gain
excluded under section 1202 on the
sale or exchange of qualified small
business stock.

Line 5—Domestic Production
Activities Deduction

Enter as a positive number 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
The 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
2012 or later.
In most cases, 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).
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; line 23 for 2008; line 21 for
2009) 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.

-8-

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

Generally, subtract line 9 from line 1. If
zero or less, enter -0-. After
completing all applicable columns,
carry forward to 2013 the amount, if
any, on line 10 of the column for the
1st preceding tax year.

Instructions for Form 1045 (2012)

Line 20—Refigured 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)?
Yes. Your deduction is limited.
Refigure your deduction using the
Mortgage Insurance Premiums
Deduction Worksheet.

No. Your deduction is not limited.
Enter the amount from line 19 on
line 20 and enter -0- on line 21.

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.
If you cannot use the amount from
line 24 as your adjusted gross
income, figure your adjusted gross
income as follows.

Mortgage Insurance Premiums Deduction Worksheet—Line 20
Before you begin:

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,
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.

Keep for Your Records

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

1.

Enter the total premiums you paid in the carryback year for mortgage insurance for a contract issued after December
31, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.

2.

Enter the amount from Form 1045, Schedule B, line 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.

3.

Enter $100,000 ($50,000 if married filing separately) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.

4.

Is the amount on line 2 more than the amount on line 3?
No.

Your deduction is not limited. Enter the amount from line 19 on line 20 of Form
1045, Schedule B, and enter -0- on line 21. Do not complete the rest of this
worksheet.

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.

5.

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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.

6.

Multiply line 1 by line 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.

7.

Refigured mortgage insurance premiums deduction. Subtract line 6 from line 1. Enter the result here and on
Form 1045, Schedule B, line 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.

Instructions for Form 1045 (2012)

-9-

Itemized Deductions Limitation Worksheet—See the instructions for line 38 (keep for your records)
Enter applicable carryback year
1. Add the amounts from Form 1045, Schedule
B, lines 17, 20, 26, 31, and 36; plus the
amounts from Schedule A (Form 1040), lines
9, 14, and 27 (lines 9, 10, 11, 12, 14, and 28
for 2007, 2008, and 2009), 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; plus the amounts from
Schedule A (Form 1040), line 13 (line 14 for
2007, 2008, and 2009), line 15b for 2005, and
any gambling and casualty or theft losses
included on line 27 (line 28 for 2007, 2008, and
2009), or the amounts from Schedule A (Form
1040NR), line 4b for 2005 and any casualty or
theft losses included on line 16 (or as
previously adjusted). Also include in the total
any amount included on Form 1045, Schedule
B, line 26, that you elected to treat as qualified
contributions for relief efforts in a Midwestern
disaster area
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 from Form 1045, Schedule
B, line 22
6. Enter:
• $137,300 for 2002
filing separately);
• $139,500 for 2003
filing separately);
• $142,700 for 2004
filing separately);
• $145,950 for 2005
filing separately);
• $150,500 for 2006
filing separately);

($68,650 if married
($69,750 if married
($71,350 if married
($72,975 if married
($75,250 if married

• $156,400 for 2007 ($78,200 if married
filing separately);
• $159,950 for 2008 ($79,975 if married
filing separately);
• $166,800 for 2009 ($83,400 if married
filing separately).
7. Subtract line 6 from line 5
8. Multiply line 7 by 3% (.03)
9. Enter the smaller of line 4 or line 8
10. Enter the amount for your carryback year as
follows:
• For 2008 and 2009, divide line 9 by 1.5;
• For 2006 and 2007, divide line 9 by 3.0; or
• For all other carryback years, enter -0-.
11. Subtract line 10 from line 9
12. Total itemized deductions from Schedule A
(Form 1040), line 28 (line 29 for 2007, 2008,
and 2009), or Schedule A (Form 1040NR), line
17 (or as previously adjusted)
13. Subtract line 11 from line 1
14. Subtract line 13 from line 12. Enter the
difference here and on line 7 of Form 1045,
Schedule B

-10-

Instructions for Form 1045 (2012)

Line 38

Complete the worksheet on previous
page if line 22, Schedule B for any
carryback year before 2010, is more
than:
$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),
$156,400 for 2007 ($78,200 if
married filing separately),
$159,950 for 2008 ($79,975 if
married filing separately), or
$166,800 for 2009 ($83,400 if
married filing separately).
Only complete a column for each
year that meets the above
requirements.
Note. The itemized deduction
limitation applies only to years before
2010.
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. You
are not required to apply for this quick
refund; however, if you do, 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
identification number. If you do not

Instructions for Form 1045 (2012)

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, and U.S.
commonwealths or possessions 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

-11-

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.
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 . . . . .
Learning about the law or
the form . . . . . . . . . .
Preparing the form . . .
Copying, assembling,
and sending the form to
the IRS . . . . . . . . . . .

9 hr., 18 min.
9 hr., 7 min.
9 hr., 57 min.
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.