U.S. Income Tax Return for Estates and Trusts

2024

Instructions for Form 1045

Department of the Treasury
Internal Revenue Service

Application for Tentative Refund
Section references are to the Internal Revenue Code unless
otherwise noted.

Future Developments

For the latest information about developments related to
Form 1045 and its instructions, such as legislation enacted
after they were published, go to IRS.gov/Form1045.

What’s New
Net operating loss (NOL) figured on new Form 172.
Form 1045 has been revised and Schedules A and B are
removed. Figure an NOL using the new Form 172 and its
Instructions.
Form 1045 is going electronic. You can file your 2024
Form 1045 electronically in 2025.

Reminders
Limitation on excess business losses of noncorporate
taxpayers. Public Law 117-169, August 16, 2022, amended
section 461(l) to provide that the disallowance of excess
business losses is effective for tax years beginning after 2020
and before 2029. See Form 461 and its instructions for
details.
Child tax credit (CTC) and advanced payments. Public
Law 117-2, March 11, 2021, amended section 24 and added
section 7527A to provide:
1. a refundable CTC for 2021,
2. a program of advanced payments of the credit during
2021 to expected recipients,
3. a method of reducing the credit allowable for 2021 by
amount(s) of advanced payment(s) received during 2021,
and
4. an increase in recipient’s 2021 tax equal to any excess
advanced payments received in 2021.
For carryback year 2021, include any excess advance
payments of the CTC on Form 1045, Computation of
Decrease in Tax, line 17, and include the CTCs on Form
1045, Computation of Decrease in Tax, line 21. See the 2021
Instructions for Schedule 8812 (Form 1040) for information
regarding calculating/recalculating the credits and any
excess advanced payments for the “before carryback” and
“after carryback” columns and the effect of carrying back
other tax items to 2021.
Net operating loss (NOL) carrybacks and carryovers.
Generally, an NOL, occurring in 2024, can be carried back 2
years only by some farmers and some insurance companies.
See section 172 and the Instructions for Form 172 for details.
NOL deduction limitation.
NOL deduction for tax years beginning after 2020 equals
the sum of:
(A) the sum of NOLs arising in tax years beginning before
2018, carried to the tax year, plus
(B) the lesser of
Oct 8, 2024

(i) the sum of NOLs arising in tax years beginning after
2017, carried to the tax year, or
(ii) 80% of the excess (if any) of
(I) taxable income computed without the deductions
under sections 172 (NOL), 199A qualified business
income (QBI), nor 250 foreign-derived intangible income
(FDII)/global intangible low-taxed income (GILTI), over
(II) the aggregate amount of NOLs arising in tax years
beginning before 2018, carried to the tax year.

General Instructions
Purpose of Form

Individuals, estates, and trusts use Form 1045 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).

!

CAUTION

refund.

Tax-exempt trusts claiming a refund of taxes reported
on Form 990-T should refer to the Instructions for
Form 990-T for information on how to claim the

Carrying back an NOL to an earlier tax year may
create an alternative minimum tax (AMT) liability for
CAUTION that earlier year. This may be true even if there was
no AMT liability on the tax return filed for that earlier year. See
the Instructions for Form 6251.

!

Individuals, estates, and trusts that carry NOLs back
to years in which they have a section 965(a) inclusion
CAUTION ("965 year") may not use this form. You must use an
amended return to carry back to such years.

!

Election to waive carryback. A taxpayer may elect to
waive carrybacks. See section 172 and the Instructions for
Form 172 for details.

Definitions
Section 1256 contract. Section 1256 provides that each
section 1256 contract held by the taxpayer at the close of the
tax year is treated as sold for its fair market value on the last
business day of the tax year (and any gain or loss is taken
into account for the tax year) and proper adjustment is made
in the amount of any gain or loss later realized for gain or loss
previously taken into account.
The “section 1256 contract” includes:
• any regulated futures contract,
• any foreign currency contract,
• any nonequity option,
• any dealer equity option, and
• any dealer securities futures contract.
Farming business. A farming business includes the trade
or business of farming. This includes the care and

Cat. No. 13666W

maintenance of animals, including a cattle operation,
operating a nursery or sod farm, or the raising or harvesting
of trees bearing fruit, nuts, or other crops, or ornamental
trees, such as evergreen trees, if they are cut within the first 6
years. For more information, see the Instructions for
Schedule F (Form 1040).
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 from farming businesses (as defined
in section 263A(e)(4)) were taken into account, or
• The NOL for the tax year.

When To File

Generally, 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.
If you were affected by a federally declared disaster, you
may have additional time to file your Form 1045. For more
information, go to IRS.gov/DisasterTaxRelief.

!

Do not file your 2024 Form 1045 before you file your
2024 income tax return.

CAUTION

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
2024 income tax return.

!

Don't include Form 1045 in the same envelope as
your 2024 income tax return.

CAUTION

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, your 2024 Form 1040, or pages 1
through 3 of your 2024 Form 1040-SR, and Schedules 1
through 3, and A, D, F, and J (Form 1040), if applicable.
• Any Form 4952, Investment Interest Expense Deduction,
attached to your 2024 income tax return.
• Form 461, Limitation on Business Losses.
• All Schedules K-1, K-2, and K-3 you received from
partnerships, S corporations, estates, or trusts that contribute
to the carryback.
• Any application for extension of time to file your 2024
income tax return.
• All Forms 8886, Reportable Transaction Disclosure
Statement, attached to your 2024 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
the Instructions for Form 172.
• Any applicable election statement.
• All other forms and schedules from which a carryback
results, such as Schedule C (Form 1040); Form 3800,
General Business Credit; Form 6478, Biofuel Producer
Credit; Form 6781, Gains and Losses From Section 1256
Contracts and Straddles; or Form 3468, Investment Credit.
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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);
Schedule 8812 (Form 1040), and/or worksheets; Form 6781;
Form 8960; Form 8962; and Form 8995 and/or Form 8995-A.
Estates and trusts, attach copies of Form 1041 with
accompanying schedules, and any forms, computation
sheets, and elections outlined above, if applicable.
You must attach copies of all required forms listed
above and complete all lines on Form 1045 that apply
CAUTION 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 2024 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 doesn't 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 will also 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 isn't treated as a claim for credit or refund. It
may be disallowed if it has material omissions or math errors
that aren't 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.
However, you can file a regular claim for credit or refund
before the limitation period expires, as explained later under
Form 1040-X 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 1040-X or Other Amended
Return

Individuals can claim a refund by filing Form 1040-X,
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.
If you use Form 1040-X or other amended return, follow
the instructions for that return.
You must file Form 1040-X (or other amended return)
instead of Form 1045 to carry back:
Instructions for Form 1045 (2024)

• Any items to a section 965 year,
• A prior year foreign tax credit released due to an NOL or

net capital loss carryback, or
• A prior year general business credit released because of
the release of the foreign tax credit.
See Form 1040-X and its instructions for more information.

Additional Information

For more details on NOLs, see the Instructions for Form 172.

Specific Instructions
Address
P.O. box. Enter your box number only if your post office
doesn't deliver mail to your street address.
Foreign address. If you have a foreign address, enter the
city name on the appropriate line. Don't enter any other
information on that line, but also complete the spaces below
that line. Don't abbreviate the country name. Follow the
country's practice for entering the postal code and the name
of the province, county, or state.

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
must be carried back 1 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 figure 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 isn’t eligible to make this election. To
make the election, check box D at the top of Form 6781. The
amount that can be used in any prior tax year can’t exceed
the net section 1256 contract gain in that year and can’t
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, as well as an amended Form
6781 and an amended Schedule D (Form 1040) for each
carryback year. For more details, see section 1212(c).

Line 4

If you filed a joint return (or separate return) or your marital
status changed for some but not all of the tax years involved
in figuring the carryback, special rules apply to figure the
carryback. You must attach detailed allocation schedules for
a filing status change or for different spouses between the
gain and loss years. See the Instructions for Form 172.

Line 9

If an NOL or net section 1256 contracts loss carryback
eliminates or reduces a prior year foreign tax credit, you can’t
Instructions for Form 1045 (2024)

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 can’t use Form
1045 to carry the released general business credits to earlier
years. Instead, you must file Form 1040-X or other amended
return to claim a refund for those years. For details, see Rev.
Rul. 82-154, 1982-2 C.B. 394.

Lines 10 Through 32—Computation of
Decrease in Tax

Figure the amount of decrease, from the carryback, in tax
previously figured for each tax year before the tax year of the
NOL, net capital loss, or unused credit. The tax previously
figured 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.

For purposes of the tentative carryback adjustment, any
items over which you and the IRS are in disagreement at the
time of the filing of the application shall be taken into account
in figuring the tax previously figured only if, and to the extent
that, they were reported on the return or were reflected,
before the date of filing the application, in any amounts
assessed (or collected without assessment) as deficiencies
or abated, credited, refunded, or otherwise repaid.
After figuring the tax previously determined, figure the
decrease in tax previously determined caused by the
carryback and any related adjustments on the basis of the
items of tax taken into account in figuring the tax previously
determined. In figuring any decrease caused by the
carryback or any related adjustment, items must be taken
into account only to the extent that they were reported on the
return, or were reflected, before the date of filing the
application for a tentative carryback adjustment, in amounts
assessed (or collected without assessment) as deficiencies
or abated, credited, refunded, or otherwise repaid.
If you and the IRS are in disagreement as to the proper
treatment of any item, it must be assumed, for purposes of
figuring the decrease in the tax previously figured, 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, later, 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 2024 calendar year and
you are carrying a farming NOL back 2 years. You enter “2nd”
and “12/31/2022” in the left column heading in the spaces
provided. The column heading now reads “2nd preceding tax
year ended 12/31/2022.” In the middle pair of columns, you
enter “1st” and “12/31/2023.” The column heading now reads
“1st preceding tax year ended 12/31/2023.”
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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 when calculating the NOL and NOL
Carryover on Form 172.

General rule. Generally, only an NOL from some farming
losses and an NOL of some insurance companies can be
carried back 2 years. See section 172 and the Instructions for
Form 172 for details.
Farming losses. To the extent the NOL is a farming loss
(defined earlier), the carryback period is 2 years. Any such
loss not absorbed in the 2 preceding tax years can be carried
forward to each tax year following the tax year of loss. The
loss deduction entered on line 10 is the amount allowed for
each year.
The portion of any NOL not applied in the 2 preceding tax
years can be carried forward to tax years succeeding the loss
year until it is fully absorbed.

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 AGI. To refigure your
deductions, use your refigured AGI (Form 1045, line 11, using
the “After carryback” column).

!

Don't refigure your charitable contributions
deduction.

CAUTION

If you have an NOL, see the Instructions for Form 172 for
more information and examples.
If you didn't itemize deductions in the carryback year,
enter your standard deduction for that year.

Line 14—Exemptions
Individuals. For 2018 through 2025, individuals’ personal
exemption amounts are zero.
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 21, for 2021, 2022, and 2023.

Line 16—Income Tax

Example. You operate a farming business and incur an
NOL of $50,000 for 2024. Of this total, $35,000 of the NOL is
from income and deductions of your farming business;
$15,000 is from another business. The $35,000 farming loss
is carried back 2 years to 2022; the remainder of the loss
(nonfarm loss) isn't eligible for carryback and must be carried
forward.

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.

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 the
Instructions for Form 172. Attach a computation showing how
you figured the carryback.

For example, write “Tax Computation Worksheet—2022” if
this is the method used for that year. You don't need to attach
a detailed computation of the tax in this case.

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, credits, and deductions that are based on, or limited
to, a percentage of your AGI. Amounts to refigure may
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 child tax credit,
• Excludable savings bond interest, and
• The exclusion of amounts received under an employer's
adoption assistance program.

Line 12—Deductions
Individuals. Include in the “Before carryback” column for
each carryback year your deductions from AGI as shown on
your income tax return (or as previously amended and/or
adjusted). See the form and instructions for your income tax
return for the carryback year.
4

Line 17—Excess Advance Premium
Tax Credit Repayment/Excess
Advance Child Tax Credit Repayment

Use the Form 8962 and Instructions for Form 8962, Premium
Tax Credit (PTC), for your carryback year(s) to figure/refigure
the amount of your premium tax credit (PTC), advance
payment of the premium tax credit (APTC), and excess
APTC, for the “Before carryback” and “After carryback”
columns. Include any excess APTC on line 17 for both the
“Before carryback” and “After carryback” columns.
For carryback year 2021, include any excess advance
payments of the child tax credit on line 17 for both the “Before
carryback” and “After carryback” columns. See the 2021
Instructions for Schedule 8812 (Form 1040) for information
regarding calculating/recalculating the credit, advance
payments, any excess advance payments, and the effect of
carrying back other tax items to 2021.

Line 18—Alternative Minimum Tax

The carryback of an NOL or net section 1256 contracts loss
may affect or cause you to owe AMT. Individuals use Form
6251 to figure this tax. Estates and trusts use Schedule I
(Form 1041).
See the Instructions for Form 6251 or the Instructions for
Schedule I (Form 1041) for the carryback year.

Instructions for Form 1045 (2024)

Line 20—General Business Credit

attach a computation showing the information required by
Regulations section 5.6411-1(d).

Enter in the column labeled “After carryback” for each
affected carryback year the total of the refigured general
business credits, using Form 3800.

Signature

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.

Estates. All executors or administrators must sign and date
Form 1045.

Line 21—Net Premium Tax Credit and
Child Tax Credit

If you claimed a premium tax credit in the carryback year,
complete a new Form 8962 using your refigured household
income. Enter your refigured premium tax credit in the
column labeled “After carryback” for the carryback year.

Include the child tax credits on line 21. See the return and
instructions for your carryback year(s) to figure/refigure the
before-carryback and after-carryback child tax credits for the
carryback year(s).
Note. Editions of Form 1045 before the 2022 Form 1045
instructed taxpayers to include the child tax credit on line 22.
For the 2024 Form 1045, do not include the child tax credits
on line 22.

Line 22—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, 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 AGI, modified AGI
(MAGI), or tax liability. Use your refigured AGI, MAGI, or tax
liability to refigure your credits for each carryback year.

Line 25—Self-Employment Tax

Don't adjust self-employment tax because of any carryback.

Line 26—Additional Medicare Tax

Don't adjust Additional Medicare Tax because of any
carryback.

Line 27—Net Investment Income Tax
(NIIT)

Enter in the column labeled “After carryback” for each
affected carryback year any refigured NIIT using Form 8960
for the applicable carryback year. See section 1411 and the
related regulations for information on the use of an NOL for
NIIT purposes.

Line 29—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 33—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,
Instructions for Form 1045 (2024)

Individuals. Sign and date Form 1045. If Form 1045 is filed
jointly, both spouses must sign.

Trusts. The fiduciary or an authorized representative must
sign and date Form 1045.
Net Operating Losses figured on new Form 172.
Schedule A and Schedule B of Form 1045 were removed and
added to new Form 172. See Form 172 and its Instructions
for figuring your Net Operating Loss (NOL), if any.
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 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 territories 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 figure 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.
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
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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.
6 hr., 55 min.
7 hr., 12 min.

.

1 hr., 03 min.

.
.

we would be happy to hear from you. You can send us
comments from IRS.gov/FormComments. Or you can write to
the
Internal Revenue Service, Tax Forms and Publications
Division, 1111 Constitution Ave. NW, IR-6526,
Washington, DC 20224.
Don't send the form to this office.

If you have comments concerning the accuracy of these
time estimates or suggestions for making this form simpler,

6

Instructions for Form 1045 (2024)