Instructions For Form 1045 - Application For Tentative Refund

Complete lines 1 through 9 and

Form 1040X or Other

Processing the

Schedule A on only one Form 1045.

Amended Return

Use this Form 1045 for the earliest

Application

preceding tax years. You must sign

Individuals can get a refund by filing

The IRS will process your application

this Form 1045, but do not need to

Form 1040X, Amended U.S.

within 90 days from the later of:

sign the other Forms 1045.

•

Individual Income Tax Return, instead

The date you file the complete

of Form 1045. An estate or trust can

application, or

Where To File

file an amended Form 1041, U.S.

•

The last day of the month that

Income Tax Return for Estates and

File Form 1045 with the Internal

includes the due date (including

Trusts. Generally, you must file an

Revenue Service Center for the place

extensions) for filing your 2007

amended return no later than 3 years

where you live as shown in the

income tax return (or, for a claim of

after the due date of the return for the

instructions for your 2007 income tax

right adjustment, the date of the

applicable tax year.

return.

overpayment under section

If you use Form 1040X or other

1341(b)(1)).

Do not include Form 1045 in

amended return, follow the

the same envelope as your

instructions for that return. Attach to

The processing of Form 1045 and

2007 income tax return.

CAUTION

the amended return a copy of

the payment of the requested refund

Schedule A of Form 1045 showing

does not mean the IRS has accepted

What To Attach

the computation of the NOL and, if

your application as correct. If the IRS

applicable, a copy of Schedule B of

Attach copies of the following, if

later determines that the claimed

Form 1045 showing the computation

applicable, to Form 1045 for the year

deductions or credits are due to an

of the NOL carryover. Complete a

of the loss or credit:

overstatement of the value of

separate Form 1040X or other

•

If you are an individual, pages 1

property, negligence, disregard of

amended return for each year for

and 2 of your 2007 Form 1040 and

rules, or substantial understatement

which you request an adjustment.

Schedules A, D, and J (Form 1040), if

of income tax, you may have to pay

The procedures for Form 1040X

applicable,

penalties. Any additional tax also will

•

and Form 1045 are different. The IRS

Any Form 4952, Investment

generate interest compounded daily.

is not required to process your Form

Interest Expense Deduction, attached

1040X within 90 days. However, if we

to your 2007 income tax return,

The IRS may need to contact you

•

do not process it within 6 months

All Schedules K-1 you received

or your authorized representative (for

from the date you file it, you can file

from partnerships, S corporations,

example, your accountant or tax

suit in court. If the IRS disallows your

estates, or trusts that contribute to the

return preparer) for more information

claim on Form 1040X and you

carryback,

so we can process your application. If

•

disagree with that determination, you

Any application for extension of

you want to designate a

must file suit no later than 2 years

time to file your 2007 income tax

representative for us to contact,

after the date we disallow it.

return,

attach a copy of your authorization to

•

All Forms 8886, Reportable

Form 1045. For this purpose, you can

Additional Information

Transaction Disclosure Statement,

use Form 2848, Power of Attorney

attached to your 2007 income tax

For more details on NOLs, see Pub.

and Declaration of Representative.

return,

536, Net Operating Losses (NOLs)

•

Forms 8302, Electronic Deposit of

for Individuals, Estates, and Trusts.

Tax Refund of $1 Million or More,

Disallowance of the

•

All other forms and schedules from

Application

which a carryback results, such as

Specific Instructions

Schedule C or F (Form 1040; Form

Your application is not treated as a

3800, General Business Credit; Form

claim for credit or refund. It may be

Address

6781, Gains and Losses From

disallowed if it has material omissions

Section 1256 Contracts and

or math errors that are not corrected

P.O. box. Enter your box number

Straddles; or Form 8586, Low-Income

within the 90-day period. If the

only if your post office does not

Housing Credit, and

application is disallowed in whole or

•

deliver mail to your street address.

All forms or schedules for items

in part, no suit challenging the

Foreign address. Enter the

refigured in the carryback years, such

disallowance can be brought in any

information in the following order:

as Form 3800; Form 6251,

court. But you can file a regular claim

City, province or state, and country.

Alternative Minimum Tax —

for credit or refund before the

Follow the country’s practice for

Individuals; Form 6781; Form 8586;

limitation period expires, as explained

entering the postal code. Do not

or Form 8844, Empowerment Zone

later under Form 1040X or Other

abbreviate the country name.

and Renewal Community

Amended Return.

Employment Credit; or Form 8884,

Line 1b—Unused

New York Liberty Zone Business

Employee Credit.

Excessive Allowances

General Business Credit

Any amount applied, credited, or

You must attach copies of all

If you claim a tentative refund based

refunded based on this application

required forms listed above,

on the carryback of an unused

that the IRS later determines to be

and complete all lines on

general business credit, attach a

CAUTION

excessive may be billed as if it were

Form 1045 that apply to you.

detailed computation showing how

due to a math or clerical error on the

Otherwise, your application may be

you figured the credit carryback and a

return.

disallowed.

recomputation of the credit after you

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Instructions For Form 1045 - Application For Tentative Refund - 2007 Page 2

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