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<p>OMB No. 1545-0098 Application for Tentative Refund 1045 Form See separate instructions. Do not attach to your income tax returnmail in a separate envelope. Department of the Treasury Internal Revenue Service For use by individuals, estates, or trusts. Name(s) shown on return Social security or employer identification number Number, street, and apt. or suite no. If a P.O. box, see page 4 of the instructions. Spouse's social security number (SSN) City, town or post office, state, and ZIP code. If a foreign address, see page 4 of the instructions. Daytime phone number Type or print ( ) Unused general business credit Net operating loss (NOL) (Sch. A, line 25, page 2) 1 This application is filed to carry back: $ $ Date tax return was filed For the calendar year 2008, or other tax year beginning , 2008, and ending , 20 2a If this application is for an unused credit created by another carryback, enter year of first carryback 3 If you filed a joint return (or separate return) for some, but not all, of the tax years involved in figuring the carryback, list the years and specify whether joint (J) or separate (S) return for each 4 5 If SSN for carryback year is different from above, enter a SSN 6 If you changed your accounting period, give date permission to change was granted 7 Have you filed a petition in Tax Court for the year(s) to which the carryback is to be applied? No Yes 8 Is any part of the decrease in tax due to a loss or credit from a tax shelter required to be registered? Yes No preceding tax year ended preceding tax year ended preceding tax year ended Computation of Decrease in Tax After carryback Before carryback After carryback Before carryback After carryback Before carryback Note: If 1a and 1c are blank, skip lines 10 through 15. Adjusted gross income NOL deduction after carryback (see page 4 of the instructions) 11 12 Deductions (see page 6 of the instructions) 13 Subtract line 12 from line 11 14 Exemptions (see page 6 of the instructions) 15 Taxable income. Line 13 minus line 14 16 Income tax. See page 6 of the instructions and attach an explanation 17 General business credit (see page 7 of the instructions) 18 Other credits. Identify 19 Total credits. Add lines 19 and 20 20 Subtract line 21 from line 18 21 Alternative minimum tax 23 Self-employment tax 24 Other taxes 25 Total tax. Add lines 22 through 24 26 Enter the amount from the "After carryback" column on line 25 for each year 27 Decrease in tax. Line 25 minus line 26 28 Overpayment of tax due to a claim of right adjustment under section 1341(b)(1) (attach computation) Under penalties of perjury, I declare that I have examined this application and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Sign Here Your signature Date Spouse's signature. If Form 1045 is filed jointly, both must sign. Date Date Name Preparer Other Than Taxpayer Address For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page 11 of the instructions. Form 1045 (2008) b a b Cat. No. 10670A Keep a copy of this application for your records. 9 If you are carrying back an NOL or net section 1256 contracts loss, did this cause the release of foreign tax credits or the release of other credits due to the release of the foreign tax credit (see page 4 of the instructions)? Yes No 10 (see page 4 of the instructions) Add lines 16 and 17 22 Net section 1256 contracts loss $ c and b Year(s) 2008 Page 2 Form 1045 (2008) Schedule ANOL (see page 7 of the instructions) Enter the amount from your 2008 Form 1040, line 41, or Form 1040NR, line 38, minus any amount on Form 8914, line 2. Estates and trusts, enter taxable income increased by the total of the charitable deduction, income distribution deduction, and exemption amount 1 Nonbusiness capital losses before limitation. Enter as a positive number 2 2 3 Nonbusiness capital gains (without regard to any section 1202 exclusion) 3 If line 2 is more than line 3, enter the difference; otherwise, enter -0- 4 4 If line 3 is more than line 2, enter the difference; otherwise, enter -0- 5 5 6 Nonbusiness deductions (see page 7 of the instructions) 6 Nonbusiness income other than capital gains (see page 8 of the instructions) 7 7 8 Add lines 5 and 7 8 9 If line 6 is more than line 8, enter the difference; otherwise, enter -0- 9 If line 8 is more than line 6, enter the difference; otherwise, enter -0-. But do not enter more than line 5 10 10 11 11 Business capital losses before limitation. Enter as a positive number 12 12 Business capital gains (without regard to any section 1202 exclusion) 13 13 Add lines 10 and 12 14 Subtract line 13 from line 11. If zero or less, enter -0- 14 15 15 16 16 22 19 20 NOL. Combine lines 1, 9, 17, and 21 through 24. If the result is less than zero, enter it here and on page 1, line 1a. If the result is zero or more, you do not have an NOL 24 NOL deduction for losses from other years. Enter as a positive number Add lines 4 and 14 If line 18 is more than line 19, enter the difference; otherwise, enter -0- 22 24 25 Enter the loss, if any, from line 16 of Schedule D (Form 1040). (Estates and trusts, enter the loss, if any, from line 15, column (3), of Schedule D (Form 1041).) Enter as a positive number. If you do not have a loss on that line (and do not have a section 1202 exclusion), skip lines 16 through 21 and enter on line 22 the amount from line 15 Subtract line 17 from line 16. If zero or less, enter -0- 17 18 19 20 17 Enter the loss, if any, from line 21 of Schedule D (Form 1040). (Estates and trusts, enter the loss, if any, from line 16 of Schedule D (Form 1041).) Enter as a positive number Section 1202 exclusion. Enter as a positive number 18 Subtract line 20 from line 15. If zero or less, enter -0- 25 21 21 If line 19 is more than line 18, enter the difference; otherwise, enter -0- Form 1045 (2008) 1 23 23 Domestic production activities deduction from Form 1040, line 35, or Form 1040NR, line 33 (or included on Form 1041, line 15a) Page 3 Schedule BNOL Carryover (see page 8 of the instructions) preceding tax year ended preceding tax year ended preceding tax year ended 1 2 3 6 7 8 9 10 11 12 13 15 16 17 Form 1045 (2008) Complete one column before going to the next column. Start with the earliest carryback year. NOL deduction (see page 8 of the instructions). Enter as a positive number Taxable income before 2008 NOL carryback (see page 8 of the instructions). Estates and trusts, increase this amount by the sum of the charitable deduction and income distribution deduction Net capital loss deduction (see page 8 of the instructions) Adjustment to itemized deductions (see page 8 of the instructions) Individuals, enter deduction for exemptions (minus any amount on Form 8914, line 6, for 2006; line 2 for 2005). Estates and trusts, enter exemption amount Modified taxable income. Combine lines 2 through 8. If zero or less, enter -0- NOL carryover (see page 9 of the instructions). Subtract line 9 from line 1. If zero or less, enter -0- Adjustment to Itemized Deductions (Individuals Only) Adjusted gross income before 2008 NOL carryback Add lines 3 through 6 above Modified adjusted gross income. Add lines 11 and 12 Medical expenses from Sch. A (Form 1040), line 1 (or as previously adjusted) Multiply line 13 by 7.5% (.075) Subtract line 16 from line 15. If zero or less, enter -0- Medical expenses from Sch. A (Form 1040), line 4 (or as previously adjusted) Subtract line 17 from line 14 14 18 Adjustment to adjusted gross income (see page 8 of the instructions) Complete lines 11 through 38 for the carryback year(s) for which you itemized deductions only if line 3, 4, or 5 above is more than zero. Section 1202 exclusion. Enter as a positive number 4 Form 1045 (2008) Domestic production activities deduction 5 19 20 Qualified mortgage insurance premiums from Sch. A (Form 1040), line 13 (or as previously adjusted) Refigured qualified mortgage insurance premiums (see instructions) 21 Subtract line 20 from line 19 $139,500 for 2003. 38 Page 4 Schedule BNOL Carryover (Continued) 23 24 26 25 27 Form 1045 (2008) Add lines 22 and 23 Refigured charitable contributions (see page 9 of the instructions) Charitable contributions from Sch. A (Form 1040), line 18 (line 19 for 2007), or Sch. A (Form 1040NR), line 7 (or as previously adjusted) Subtract line 26 from line 25 Casualty and theft losses from Form 4684, line 16 (line 18 for 2005 and 2006) (or as previously adjusted) Multiply line 22 by 10% (.10) Subtract line 30 from line 29. If zero or less, enter -0- Casualty and theft losses from Form 4684, line 18 (line 20 for 2005 and 2006) (or as previously adjusted) Subtract line 31 from line 28 Miscellaneous itemized deductions from Sch. A (Form 1040), line 23 (line 24 for 2007), or Sch. A (Form 1040NR), line 12 (or as previously adjusted) Multiply line 22 by 2% (.02) Subtract line 35 from line 34. If zero or less, enter -0- Miscellaneous itemized deductions from Sch. A (Form 1040), line 26 (line 27 for 2007), or Sch. A (Form 1040NR), line 15 (or as previously adjusted) Subtract line 36 from line 33 29 30 31 28 32 34 35 36 33 37 preceding tax year ended preceding tax year ended preceding tax year ended Complete one column before going to the next column. Start with the earliest carryback year. Enter as a positive number any NOL carryback from a year before 2008 that was deducted to figure line 11 on page 3 Modified adjusted gross income from line 13 on page 3 22 $142,700 for 2004. $145,950 for 2005. $150,500 for 2006. $156,400 for 2007. Otherwise, combine lines 18, 21, 27, 32, and 37; enter the result here and on line 7 (page 3) Complete the worksheet on page 10 of the instructions if line 22 is more than the applicable amount shown below (more than one-half that amount if married filing separately for that year). $124,500 for 1998. Form 1045 (2008) $126,600 for 1999. $128,950 for 2000. $132,950 for 2001. $137,300 for 2002. Department of the Treasury Internal Revenue Service 2008 Instructions for Form 1045 Application for Tentative Refund losses. See the instructions for line only, instead of first carrying it back. What's New 17 on page 7. To make this election for an NOL The additional exemption amount incurred in your 2008 tax year, attach 5-year carryback of 2008 net on Form 8914 (for providing housing to your 2008 tax return filed on or operating losses (NOLs) for to a Midwestern displaced individual) before the due date (including eligible small businesses. For is also allowable as a nonbusiness extensions) a statement that you are 2008, you can elect a 3, 4, or 5-year deduction in figuring the amount of electing under section 172(b)(3) to carryback period for the part of your the NOL that is available for relinquish the entire carryback period 2008 NOL that is an eligible small carryback or carryforward. for any 2008 NOL. If you filed your business loss. See Eligible small return on time without making the Qualified GO Zone loss. The business (ESB) losses on page 5. election, you can still make the definition of qualified GO Zone loss Tax relief for federally declared election on an amended return filed no longer includes certain deductions disaster areas. The following within 6 months of the due date of the that expired before 2008. See benefits apply to federally declared return (excluding extensions). Attach Qualified GO Zone loss on page 2. disaster areas. the election to the amended return, For a list of the deductions that have A 5-year carryback period applies and write "Filed pursuant to section expired, see page 6 of Pub. 4492. to the portion of an NOL that is a 301.9100-2" on the election (See Pub. 4492, pages 12 and 13, for qualified disaster loss. See the statement. Once made, the election is the special depreciation allowance.) instructions for line 10 that begin on irrevocable, except as explained in Deduction for mortgage insurance page 4. the next paragraph. premiums refigured. If you The 90% limit on the alternative tax Revoking an election to waive deducted mortgage insurance net operating loss deduction the carryback period. If you premiums in 2007 and you are (ATNOLD) does not apply to the previously made an election under carrying back an NOL to that year, portion of an ATNOLD attributable to section 172(b)(3) to waive the you may have to refigure your qualified disaster losses. See the carryback period for your 2008 NOL deduction using modified adjusted instructions for line 17 on page 7. arising in a tax year ending before gross income (Form 1045, Schedule Tax relief for the Kansas disaster February 17, 2009, and you now want B, line 13) instead of adjusted gross area. The following benefits apply in to elect to use a 3, 4, or 5-year income. See the instructions for the Kansas disaster area. (For a carryback period for an eligible small Schedule B, line 20, on page 9. complete discussion of the temporary business loss, you can revoke your tax relief available, see Pub. 4492-A.) election by filing Form 1045 or an General Instructions A 5-year carryback period applies amended return (using Form 1040X to the portion of an NOL that is a Section references are to the Internal or Form 1041) for the earliest tax year qualified recovery assistance loss. Revenue Code unless otherwise to which you are carrying back your See the instructions for line 10 that noted. 2008 NOL . The Form 1045 or begin on page 4. amended return must be filed by April The 90% limit on the alternative tax Purpose of Form 17, 2009. Enter "2008 NOL net operating loss deduction Carryback Election and Revocation of Form 1045 is used by an individual, (ATNOLD) does not apply to the NOL Carryback Waiver Pursuant to estate, or trust to apply for a quick tax portion of an ATNOLD attributable to Rev. Proc. 2009-19" across the top of refund resulting from: qualified recovery assistance losses. the Form 1045 or amended return. If The carryback of an NOL, See the instructions for line 17 on you choose to file an amended return The carryback of an unused page 7. using Form 1040X or Form 1041, see general business credit, Form 1040X or Other Amended Tax relief for the Midwestern The carryback of a net section Return on page 3. disaster areas. The following 1256 contracts loss, or benefits apply in the Midwestern An overpayment of tax due to a disaster areas. (For a complete claim of right adjustment under Definitions discussion of the temporary tax relief section 1341(b)(1). Eligible loss. For an individual, an available, see Pub. 4492-B.) eligible loss is any loss of property When carrying back an NOL A 5-year carryback period applies arising from fire, storm, shipwreck, to an earlier tax year, an to the portion of an NOL that is a other casualty, or theft. alternative minimum tax CAUTION ! qualified disaster recovery assistance (AMT) liability may be created for that loss. See the instructions for line 10 For a small business (as defined in earlier year. This may be true even if that begin on page 4. section 172(b)(1)(F)(iii)) or a farming there was no AMT liability when the The 90% limit on the alternative tax business (as defined in section tax return for that earlier year was net operating loss deduction 263A(e)(4)), an eligible loss is any filed. (ATNOLD) does not apply to the loss attributable to a federally portion of an ATNOLD attributable to Waiving the carryback period. You declared disaster (as defined in qualified disaster recovery assistance can elect to carry an NOL forward section 165(h)(3)(C)(i)). Cat. No. 13666W An eligible loss does not include a residential rental property placed in you are electing (3, 4, or 5-years). farming loss, a qualified disaster loss, service in 2008 and specified GO See Eligible small business (ESB) a qualified GO Zone loss, a qualified Zone extension property placed in losses on page 5. recovery assistance loss, or a service in 2009 during the tax year Fiscal year taxpayers only. If qualified disaster recovery assistance (even if you elected not to claim the you previously elected a 3, 4, or loss. special GO Zone depreciation 5-year carryback period for an NOL allowance for such property). for a tax year ending in 2008, you An eligible loss also does not cannot make this election (to treat an include an eligible small business See Pub. 4492, Information for NOL for a tax year beginning in 2008 loss for which you elect a 3, 4, or Taxpayers Affected by Hurricanes as a 2008 NOL). Also, if you elect to 5-year carryback period under Katrina, Rita, and Wilma, for a list of treat an NOL for a tax year beginning Section 172(b)(1)(H). counties and parishes included in the in 2008 as a 2008 NOL, any NOL for Farming loss. A farming loss is the GO Zone. a tax year ending in 2008 is not a smaller of: Qualified recovery assistance loss. 2008 NOL. The amount that would be the NOL For the definition of qualified recovery Specified liability loss. Generally, for the tax year if only income and assistance loss, see page 2 of Pub. a specified liability loss is a loss deductions attributable to farming 4492-A. arising from: businesses (as defined in section Product liability, or 263A(e)(4)) were taken into account, Qualified disaster recovery An act (or failure to act) that or assistance loss. For the definition occurred at least 3 years before the The NOL for the tax year. of qualified disaster recovery beginning of the loss year and assistance loss, see page 5 of Pub. Qualified disaster loss. A qualified resulted in a liability under a federal 4492-B. disaster loss is the smaller of: or state law requiring: Eligible small business (ESB) loss. 1. The sum of: 1. Reclamation of land, An ESB loss is the smaller of: a. Any losses occurring in a 2. Dismantling of a drilling 1. The amount that would be the disaster area and attributable to a platform, 2008 NOL if only income, gains, federally declared disaster (as 3. Remediation of environmental losses, and deductions attributable to defined in section 165(h)(3)(C)), plus contamination, or ESBs were taken into account, or b. Any qualified disaster expenses 4. Payment under any workers 2. The 2008 NOL. allowable under section 198A (even if compensation act. you did not elect to treat such An ESB is a small business as expenses as qualified disaster Any loss from a liability arising defined in section 172(b)(1)(F)(iii), expenses), or from (1) through (4) above can be except that the business' 3-year 2. The NOL for the tax year. taken into account as a specified average annual gross receipts can be liability loss only if you used an Excluded losses. A qualified up to $15 million (instead of $5 accrual method of accounting disaster loss does not include any million). The gross receipts test is throughout the period in which the act losses from property used in applied at the partnership, corporate, (or failure to act) occurred. For connection with any private or or sole proprietorship level, and the details, see section 172(f). commercial golf course, country club, aggregation rules of section 448(c)(2) massage parlor, hot tub facility, apply. When To File suntan facility, or any store for which A 2008 NOL is any NOL for a tax You must file Form 1045 within 1 year the principal business is the sale of year ending in 2008. For a fiscal year after the end of the year in which an alcoholic beverages for consumption taxpayer with a tax year beginning in NOL, unused credit, a net section off premises. 2007 and ending in 2008, follow 1256 contracts loss, or claim of right A qualified disaster loss also does these instructions, except use a 2007 adjustment arose. not include any losses from any Form 1045 to claim an NOL Exception. If you have an eligible gambling or animal racing property. attributable to an ESB loss. However, small business loss arising in a tax Gambling or animal racing property is a fiscal year taxpayer can elect to year ending before February 17, any equipment, furniture, software, or treat an NOL for a tax year beginning 2009, and you are filing Form 1045 to other property used directly in in 2008 as a 2008 NOL. To make this elect a 3, 4, or 5-year carryback connection with gambling, the racing election, attach to the tax return for period, you must file Form 1045 by of animals, or the on-site viewing of the tax year beginning in 2008, a the later of the regular due date such racing, and the portion of any statement that you are electing under (discussed above) or April 17, 2009. real property (determined by square section 172(b)(1)(H) to treat the NOL footage) that is dedicated to as a 2008 NOL. The return must be Be sure to file your 2008 gambling, the racing of animals, or filed by the later of its due date income tax return no later the on-site viewing of such racing, (including extensions) or April 17, than the date you file Form CAUTION ! unless this portion is less than 100 2009. If you filed your return on time 1045. square feet. without making the election, you can If you carry back any portion of an still make the election on an amended Qualified GO Zone loss. For tax NOL or an unused general business return filed within 6 months of the due years beginning in 2008, a qualified credit to tax years before the 3 years date of the return (excluding GO Zone loss is the smaller of: preceding the 2008 tax year, you may extensions). Attach the election to the 1. The excess of the NOL for the need to use additional Forms 1045. amended return, and write "Filed year over the specified liability loss Complete lines 1 through 9 and pursuant to section 301.9100-2" on for the year to which a 10-year Schedule A on only one Form 1045. the election statement. Once made, carryback applies, or Use this Form 1045 for the earliest the election is irrevocable. 2. The total of any depreciation preceding tax years. You must sign allowable for qualified GO Zone If you make this election, be sure this Form 1045, but do not need to nonresidential real property and to also indicate the carryback period sign the other Forms 1045. -2- You must attach copies of all later under Form 1040X or Other Where To File required forms listed above, Amended Return. File Form 1045 with the Internal and complete all lines on CAUTION ! Revenue Service Center for the place Form 1045 that apply to you. Excessive Allowances where you live as shown in the Otherwise, your application may be instructions for your 2008 income tax Any amount applied, credited, or disallowed. return. refunded based on this application that the IRS later determines to be Do not include Form 1045 in Processing the excessive may be billed as if it were the same envelope as your due to a math or clerical error on the Application 2008 income tax return. CAUTION ! return. The IRS will process your application within 90 days from the later of: What To Attach Form 1040X or Other The date you file the complete Attach copies of the following, if application, or applicable, to Form 1045 for the year Amended Return The last day of the month that of the loss or credit: Individuals can get a refund by filing includes the due date (including If you are an individual, pages 1 Form 1040X, Amended U.S. extensions) for filing your 2008 and 2 of your 2008 Form 1040 and Individual Income Tax Return, instead income tax return (or, for a claim of Schedules A, D, and J (Form 1040), if of Form 1045. An estate or trust can right adjustment, the date of the applicable, file an amended Form 1041, U.S. overpayment under section Any Form 4952, Investment Income Tax Return for Estates and 1341(b)(1)). Interest Expense Deduction, attached Trusts. Generally, you must file an to your 2008 income tax return, amended return no later than 3 years The processing of Form 1045 and All Schedules K-1 you received after the due date of the return for the the payment of the requested refund from partnerships, S corporations, applicable tax year. However, a does not mean the IRS has accepted estates, or trusts that contribute to the shorter period may apply. See your application as correct. If the IRS carryback, Changing your carryback period on later determines that the claimed Any application for extension of page 5 and Revoking an election to deductions or credits are due to an time to file your 2008 income tax waive the carryback period on overstatement of the value of return, page 1. property, negligence, disregard of All Forms 8886, Reportable rules, or substantial understatement Transaction Disclosure Statement, If you use Form 1040X or other of income tax, you may have to pay attached to your 2008 income tax amended return, follow the penalties. Any additional tax also will return, instructions for that return. Attach to generate interest compounded daily. Forms 8302, Electronic Deposit of the amended return a copy of Tax Refund of $1 Million or More, Schedule A of Form 1045 showing The IRS may need to contact you All other forms and schedules from the computation of the NOL and, if or your authorized representative (for which a carryback results, such as applicable, a copy of Schedule B of example, your accountant or tax Schedule C or F (Form 1040); Form Form 1045 showing the computation return preparer) for more information 3800, General Business Credit; or of the NOL carryover. Complete a so we can process your application. If Form 6781, Gains and Losses From separate Form 1040X or other you want to designate a Section 1256 Contracts and amended return for each year for representative for us to contact, Straddles, and which you request an adjustment. attach a copy of your authorization to All forms or schedules for items Form 1045. For this purpose, you can refigured in the carryback years, such The procedures for Form 1040X use Form 2848, Power of Attorney as Form 3800; Form 5884, Work and Form 1045 are different. The IRS and Declaration of Representative. Opportunity Credit; Form 6251, is not required to process your Form Alternative Minimum 1040X within 90 days. However, if we TaxIndividuals; Form 6478, do not process it within 6 months Disallowance of the Alcohol and Cellulosic Biofuel Fuels from the date you file it, you can file Application Credit; Form 6781; Form 8586, suit in court. If the IRS disallows your Low-Income Housing Credit; Form Your application is not treated as a claim on Form 1040X and you 8844, Empowerment Zone and claim for credit or refund. It may be disagree with that determination, you Renewal Community Employment disallowed if it has material omissions must file suit no later than 2 years Credit; Form 8835, Renewable or math errors that are not corrected after the date we disallow it. Electricity, Refined Coal, and Indian within the 90-day period. If the Coal Production Credit; Form 8846, application is disallowed in whole or Additional Information Credit for Employer Social Security in part, no suit challenging the For more details on NOLs, see Pub. and Medicare Taxes Paid on Certain disallowance can be brought in any 536, Net Operating Losses (NOLs) Employee Tips; or Form 8884, New court. But you can file a regular claim for Individuals, Estates, and Trusts. York Liberty Zone Business for credit or refund before the Employee Credit. limitation period expires, as explained -3- reduces a prior year foreign tax an NOL. Complete lines 1 through 9 credit, you cannot use Form 1045 to and Schedule A on only one Form Specific Instructions carry the released foreign tax credits 1045. Use this Form 1045 for the to earlier years. Also, if the released earliest preceding tax years. You Address foreign tax credits result in the must sign this Form 1045, but do not P.O. box. Enter your box number release of general business credits, need to sign the other Forms 1045. only if your post office does not you cannot use Form 1045 to carry General rule. You generally must deliver mail to your street address. the released general business credits carry back the entire NOL to the 2nd to earlier years. Instead, you must file Foreign address. Enter the tax year before the loss year. Any Form 1040X or other amended return information in the following order: loss not used in the 2nd preceding to claim refunds for those years. For City, province or state, and country. year is then carried to the 1st details, see Rev. Rul. 82-154, 1982-2 Follow the country's practice for preceding year. Any loss not applied C.B. 394. entering the postal code. Do not in the 2 preceding years can be abbreviate the country name. carried forward up to 20 years. The Lines 10 Through 2-year carryback period does not apply to the portion of an NOL Line 1bUnused 27Computation of attributable to an eligible loss; a General Business Credit Decrease in Tax farming loss; a qualified disaster, GO If you claim a tentative refund based Zone, recovery assistance, or Use one pair of columns to enter on the carryback of an unused disaster recovery assistance loss; an amounts before and after carryback general business credit, attach a eligible small business loss; or a for each year to which the loss is detailed computation showing how specified liability loss. being carried. Start with the earliest you figured the credit carryback and a carryback year. A net section 1256 Eligible losses. To the extent the recomputation of the credit after you contracts loss can be carried back 3 apply the carryback. Generally, an NOL is an eligible loss (defined years. See the instructions for line 10 unused general business credit can beginning on page 1), it is carried that begin on this page to figure the be carried back 1 year. Make the back to the 3rd tax year before the tax years to which you can carry an recomputation on the 2007 Form loss. Any such loss not used in that NOL. Use the remaining pairs of 3800 (or Form 8844, Form 5884, year is carried to the 2nd and then columns for each consecutive Form 6478, Form 8835 (Section B), the 1st preceding year. Any such loss preceding tax year until the loss is or Form 8846, if applicable). that is not applied in the 3 preceding fully absorbed. Enter the ordinal years can be carried forward up to 20 number of years the loss is being If you filed a joint return (or years. carried back and the date the separate return) for some but not all carryback year ends in the spaces of the tax years involved in figuring Only the eligible loss portion of the provided in the headings above line the unused credit carryback, special NOL can be carried back 3 years. 10 for each pair of columns. rules apply to figuring the carryback. See the instructions for Form 3800. Example. You have a $20,000 Example. Your tax year is the NOL of which only $5,000 is an 2008 calendar year and you are eligible loss. The $5,000 eligible loss carrying an NOL back 2 years. You Line 1cNet Section is carried back 3 years, but the enter "2nd" and "12/31/06" in the left 1256 Contracts Loss remaining $15,000 loss is carried column heading in the spaces back only 2 years, although you had An individual can elect to carry back a provided. The column heading now modified taxable income of more than net section 1256 contracts loss to reads "2nd preceding tax year ended $5,000 in the 3rd preceding year. each of the 3 tax years preceding the 12/31/06." loss year. An estate or trust is not Farming losses. To the extent the eligible to make this election. To For each carryback year, enter in NOL is a farming loss (defined on make the election, check box D at the the column labeled "Before page 2), that part of the loss is top of Form 6781. The amount which carryback" the amounts for the carried back to the 5th tax year can be used in any prior tax year carryback year as shown on your before the loss. Any such loss not cannot exceed the net section 1256 original or amended return. If the used in that year is carried to the 4th contract gain in that year and cannot amounts were previously adjusted by preceding year and then applied increase or create an NOL for that you or the IRS, enter the amounts consecutively forward through the 1st year. Reflect the carryback as a after adjustment. preceding year. Any such loss not reduction to your adjusted gross applied in the 5 preceding years can income in the "After carryback" be carried forward up to 20 years. column on line 11. Attach to Form Line 10NOL Deduction 1045 a copy of Form 6781 and After Carryback Only the farming loss portion of the Schedule D (Form 1040) for the year NOL can be carried back 5 years. Use the following rules to figure the of the net section 1256 contracts loss tax years to which you must carry an and an amended Form 6781 and an Example. You operate a farming NOL shown on Schedule A, line 25. If amended Schedule D (Form 1040) business and incur an NOL of an NOL is not fully absorbed in a year for each carryback year. For more $50,000 for 2008. $25,000 of the to which it is carried, complete details, see section 1212(c). NOL is attributable to income and Schedule B to figure the amount to deductions of your farming business; carry to the next carryback year. Line 9 $10,000 is attributable to a fire in your personal residence (an eligible loss); Note. You may need to use If an NOL or net section 1256 and the remaining $15,000 is additional Forms 1045 to carry back contracts loss carryback eliminates or -4- attributable to your spouse's work as disaster recovery assistance losses Form 1045 or amended return must an employee. The $25,000 farming without regard to the special 5-year be filed by the later of: loss is carried back 5 years; the carryback rule. If you filed your 1. 6 months after the due date $10,000 eligible loss is carried back 3 original return on time, you can make (excluding extensions) for filing the years; and the remaining $15,000 the election on an amended return tax return for your 2008 NOL tax loss is carried back 2 years. Any filed within 6 months after the due year, or unused portion of this NOL can be date of the return (including 2. April 17, 2009. carried forward up to 20 years. extensions). Attach the election to the Enter "2008 NOL Carryback Election amended return, and write "Filed You can make an election to figure Pursuant to Rev. Proc. 2009-19" pursuant to section 301.9100-2" on the carryback period for a farming across the top of the Form 1045 or the election statement. Once made, loss without regard to the special amended return. If you already filed the election is irrevocable. 5-year carryback rule. To make this Form 1045 or an amended return to election for 2008, attach to your 2008 Eligible small business (ESB) claim your 2008 NOL carryback, also income tax return filed by the due losses. To the extent the 2008 NOL enter "Amended NOL Carryback date (including extensions) a is an ESB loss (defined on page 2), Election Pursuant to Rev. Proc. statement that you are electing to you can elect to carry back that part 2009-19" across the top of the treat any 2008 farming losses without of the loss to either the 3rd, 4th, or amended Form 1045 or amended regard to the special 5-year carryback 5th tax year before the loss instead of return. If you choose to file an rule. If you filed your original return on the 2nd tax year before the loss amended return using Form 1040X or time, you can make the election on under the general rule (or the 3rd tax Form 1041, see Form 1040X or Other an amended return filed within 6 year before the loss under the rule for Amended Return on page 3. months after the due date of the eligible losses in the case of small Specified liability losses. To the return (excluding extensions). Attach business losses attributable to extent an NOL is a specified liability the election to the amended return, federally declared disasters). Any loss (defined on page 2), that part of and write "Filed pursuant to section such loss not used in the 3rd, 4th, or the loss is carried back to the 10th 301.9100-2" on the election 5th year before the loss (depending tax year before the loss. Any such statement. Once made, the election is on which carryback period you elect) loss not used in that year is carried to irrevocable. is carried back to the next more the 9th preceding year and then recent preceding year (either the 2nd, Qualified disaster, GO Zone, applied consecutively forward through 3rd, or 4th preceding year, whichever recovery assistance, and disaster the 1st preceding year. Any such loss applies) and then applied recovery assistance losses. To that is not applied in the 10 preceding consecutively forward through the 1st the extent the NOL is a qualified years can be carried forward up to 20 preceding year. Any such loss not disaster, GO Zone, recovery years. used in the carryback years can be assistance, or disaster recovery Only the specified liability loss carried forward up to 20 years. assistance loss (defined on page 2), portion of the NOL can be carried that part of the loss is carried back to You can elect a 3, 4, or 5-year back 10 years. the 5th tax year before the loss. Any carryback period for only the ESB such loss not used in that year is You can make an election to figure loss portion of the 2008 NOL. To carried to the 4th preceding year and the carryback period for a specified make this election, attach to your tax then applied consecutively forward liability loss without regard to the return a statement that you are through the 1st preceding year. Any special 10-year carryback rule. To electing under section 172(b)(1)(H) a such loss not applied in the 5 make this election for 2008, attach to 3, 4, or 5-year carryback period for preceding years can be carried your 2008 income tax return filed by your 2008 NOL. (When you make the forward up to 20 years. the due date (including extensions) a election, you can choose only one (3, statement that your are electing to Only the qualified disaster, GO 4, or 5) carryback period.) The return treat any 2008 specified liability Zone, recovery assistance, or must be filed by the later of its due losses without regard to the special disaster recovery assistance loss date (including extensions) or April 10-year carryback rule. If you filed portions of the NOL can be carried 17, 2009. If you filed your return on your original return on time, you can back 5 years. time without making the election, you make the election on an amended can still make the election on an Example. You have a $40,000 return filed within 6 months after the amended return filed within 6 months NOL of which $15,000 is a qualified due date of the return (excluding of the due date of the return disaster loss. The $15,000 qualified extensions). Attach the election to the (excluding extensions or, if later, by disaster loss is carried back 5 years, amended return, and write "Filed April 17, 2009). Attach the election to but the remaining $25,000 loss is pursuant to section 301.9100-2" on the amended return, and, if filed after carried back only 2 years. Any the election statement. Once made, April 17, 2009, write "Filed pursuant unused portion of this NOL can be the election is irrevocable. to section 301.9100-2" on the election carried forward up to 20 years. Special rules. Special rules apply if statement. Once made, the election is You can make an election to figure you filed a joint return (or a separate irrevocable. the carryback period for a qualified return) for some but not all of the tax disaster, GO Zone, recovery Changing your carryback years involved in figuring an NOL assistance, or disaster recovery period. If you already filed a tax carryback. For details, see Pub. 536. assistance loss without regard to the return for your 2008 NOL tax year, Attach a computation showing how special 5-year carryback rule. To and you now want to elect to use a 3, you figured the carryback. make this election for 2008, attach to 4, or 5-year carryback period for an your 2008 income tax return filed by eligible small business loss, you must Line 11Adjusted the due date (including extensions) a file Form 1045 or an amended return Gross Income statement that you are electing to (using Form 1040X or Form 1041) for treat any 2008 qualified disaster, GO the earliest tax year to which you are Enter in the column labeled "Before Zone, recovery assistance, or carrying back your 2008 NOL. The carryback" your adjusted gross -5- income (AGI) for the carryback year $4,700 for 2002 ($7,850 if married), If you filed Form 1040A, enter the as shown on your original or $4,550 for 2001 ($7,600 if married), amount shown (or as previously amended return. $4,400 for 2000 ($7,350 if married), adjusted) on: $4,300 for 1999 ($7,200 if married), Line 26 for 20022007, Enter in the column labeled "After or Line 24 for 20002001, or carryback" your adjusted gross $4,250 for 1998 ($7,100 if married). Line 23 for 19981999. income refigured after you apply the NOL or net 1256 contracts loss If you used TeleFile for your If you filed Form 1040EZ and carryback and after you refigure any original return and someone else checked the "Yes" box on Form items of income and deductions that could claim you as a dependent on 1040EZ, line 5 (for 2005 - 2007, the are based on or limited to a their return, see Form 1040EZ for the "You" box on line 5), enter zero (or percentage of your adjusted gross year in question and complete the the amount from line F (line E for income. Amounts to refigure include: worksheet on the back of that form. 2005) of the 1040EZ worksheet if The special allowance for passive Next, enter the amount from line E of married). If you checked the "No" box activity losses from rental real estate that worksheet on Form 1045, line 12, (for 2005 - 2007, you did not check activities, in the column labeled "Before any box), enter: Taxable social security benefits, carryback" for the applicable year. If $3,400 for 2007 ($6,800 if married), IRA deductions, no one could claim you as a $3,300 for 2006 ($6,600 if married), The student loan interest dependent, enter the amount listed $3,200 for 2005 ($6,400 if married), deduction, above for that year. $3,100 for 2004 ($6,200 if married), The tuition and fees deduction, $3,050 for 2003 ($6,100 if married), After carryback. If you itemized Excludable savings bond interest, $3,000 for 2002 ($6,000 if married), deductions in the carryback year, and $2,900 for 2001 ($5,800 if married), enter in the column labeled "After The exclusion of amounts received $2,800 for 2000 ($5,600 if married), carryback" the total of your under an employer's adoption $2,750 for 1999 ($5,500 if married), deductions after refiguring any that assistance program. or are based on, or limited to a $2,700 for 1998 ($5,400 if married). percentage of, your adjusted gross Line 12Deductions income. To refigure your deductions, If you used TeleFile for your use your refigured adjusted gross Individuals. Enter in the column original return and someone else income (Form 1045, line 11, using the labeled "Before carryback" for each could claim you as a dependent on "After carryback" column). Amounts applicable carryback year the amount their return, enter zero if you were you may have to refigure include: shown (or as previously adjusted) on single. If you were married, see Form Medical expenses, Form 1040: 1040EZ for the year in question and Qualified mortgage insurance Line 40 for 20052007, complete the worksheet on the back premiums, Line 39 for 2004, of that form. Next, enter the amount Personal casualty and theft losses, Line 37 for 2003, from line F of that worksheet on Form Miscellaneous deductions subject Line 38 for 2002, or 1045, line 14, in the column labeled to the 2% limit, and Line 36 for 19982001. "Before carryback" for the applicable Itemized deductions subject to the If you filed Form 1040NR, enter year. If no one could claim you as a overall limit of section 68. the amount shown (or as previously dependent, enter the amount listed adjusted) on: above for that year. Do not refigure your charitable Line 37 for 20052007, contributions deduction. After carryback. If your Line 36 for 2004, deduction for personal exemptions in CAUTION ! Line 35 for 2003, the carryback year was limited based Line 36 for 2002, or If you have an NOL, see Pub. 536 on your adjusted gross income, enter Line 35 for 19982001. for more information and examples. in the column labeled "After If you filed Form 1040A, enter the If you did not itemize deductions in carryback" the deduction for personal amount shown (or as previously the carryback year, enter your exemptions refigured using your adjusted) on: standard deduction for that year. refigured adjusted gross income Line 24 for 20022007, (Form 1045, line 11, using the "After Line 22 for 20002001, or carryback" column). Line 14Exemptions Line 21 for 19981999. Estates and trusts. Enter in the Individuals. Enter in the column If you filed Form 1040EZ and columns labeled "Before carryback" labeled "Before carryback" for each checked the "Yes" box on Form and "After carryback" for each applicable carryback year, the 1040EZ, line 5, (for 2005 - 2007, any applicable carryback year the amount amount shown (or as previously box on line 5), enter the amount shown (or as previously adjusted) on adjusted) on Form 1040: shown (or as previously adjusted) on Form 1041, line 20. Line 42 for 20052007, line E (line D for 2005) of the Line 41 for 2004, worksheet on the back of Form Line 39 for 2003, Line 16Income Tax 1040EZ. If you checked the "No" box Line 40 for 2002, or (for 2005 - 2007, you did not check Use your refigured taxable income Line 38 for 19982001. any box), enter: (Form 1045, line 15, using the "After $5,350 for 2007 ($10,700 if If you filed Form 1040NR, enter carryback" column) to refigure your married), the amount shown (or as previously tax for each carryback year. Include $5,150 for 2006 ($10,300 if adjusted) on: any tax from Form 4970, Tax on married), Line 39 for 20052007, Accumulation Distribution of Trusts, $5,000 for 2005 ($10,000 if Line 38 for 2004, and Form 4972, Tax on Lump-Sum married), Line 37 for 2003, Distributions. Attach any schedule $4,850 for 2004 ($9,700 if married), Line 38 for 2002, or used to figure your tax or an $4,750 for 2003 ($9,500 if married), Line 37 for 19982001. explanation of the method used to -6- figure the tax and, if necessary, a for Form 3800 for more details on entered as losses on Schedule D detailed computation. general business credit carrybacks. (Form 1040) or Schedule D (Form 1041). For example, write "Tax Line 20Other Credits Computation Worksheet2006" if this Line 6Nonbusiness is the method used for that year. You See your tax return for the carryback do not need to attach a detailed Deductions year for any additional credits such as computation of the tax in this case. the earned income credit, credit for Enter as a positive number child and dependent care expenses, deductions that are not connected Line 17Alternative child tax credit, education credits, with a trade or business. They foreign tax credit, retirement savings include: Minimum Tax contributions credit, etc., that will IRA deductions, The carryback of an NOL or net apply in that year. If you make an Health savings account deduction, section 1256 contracts loss may entry on this line, identify the credit(s) Archer MSA deduction, affect or cause you to owe alternative claimed. Deductions for payments on behalf minimum tax. Individuals use Form After carryback. Refigure any of a self-employed individual to a 6251 to figure this tax. Estates and credits included on this line that are SEP, SIMPLE, or qualified plan, trusts use Schedule I (Form 1041). based on or limited by your tax Alimony paid, The 90% limit on the alternative liability. Use your refigured tax liability The additional exemption amount tax net operating loss deduction to refigure your credits for each for providing housing to a Midwestern (ATNOLD) does not apply to the carryback year. displaced individual from Form 8914, portion of an ATNOLD attributable to line 2, qualified disaster losses, qualified GO Line 23 Most itemized deductions (except Zone losses, qualified recovery Self-Employment Tax for state income tax on business assistance losses, or qualified profits, casualty and theft losses, and disaster recovery assistance losses. Do not adjust self-employment tax any employee business expenses), Instead, the ATNOLD for the tax year because of any carryback. and is limited to the sum of: The standard deduction (except the Line 24Other Taxes 1. The smaller of: amount of any net disaster loss from See your tax return for the carryback a. The sum of the ATNOL Form 4684, line 18a). year for any other taxes not carrybacks and carryforwards to the mentioned above, such as recapture tax year attributable to NOLs other Do not include on line 6 the taxes, tax on an IRA, etc., that will than qualified disaster losses, deduction for personal exemptions for apply in that year. If you make an qualified GO Zone losses, qualified you, your spouse, or your entry on this line, identify the taxes recovery assistance losses, or dependents. that apply. qualified disaster recovery assistance Do not include on line 6 any losses, or business deductions. These are Line 28Overpayment b. 90% of AMTI for the tax year deductions that are connected with a (figured without regard to the of Tax Under Section trade or business. They include: ATNOLD and any domestic State income tax on business production activities deduction), plus 1341(b)(1) profits, 2. The smaller of: If you apply for a tentative refund Educator expenses, a. The sum of the ATNOL based on an overpayment of tax Moving expenses, carrybacks to the tax year attributable under section 1341(b)(1), enter it on The deduction for one-half of to qualified disaster losses, qualified this line. Also, attach a computation self-employment tax, GO Zone losses, qualified recovery showing the information required by Domestic production activities assistance losses, or qualified Regulations section 5.6411-1(d). deduction, disaster recovery assistance losses, or Rental losses, Signature b. AMTI for the tax year (figured Loss on the sale or exchange of Individuals. Sign and date Form without regard to the ATNOLD and business real estate or depreciable 1045. If Form 1045 is filed jointly, any domestic production activities property, both spouses must sign. deduction) reduced by the amount Your share of a business loss from Estates. All executors or determined under (1), above. a partnership or an S corporation, administrators must sign and date Ordinary loss on the sale or Form 1045. exchange of section 1244 (small Line 19General Trusts. The fiduciary or an business) stock, Business Credit authorized representative must sign Ordinary loss on the sale or and date Form 1045. Enter in the column labeled "After exchange of stock in a small business carryback" for each affected investment company operating under Schedule ANOL carryback year the total of the the Small Business Investment Act of recomputed general business credits, Complete and file this schedule to 1958, using Form 3800, 8844, 5884, 6478, determine the amount of the NOL that Loss from the sale of accounts 8835 (Section B), or 8846. is available for carryback or receivable if such accounts arose carryover. under the accrual method of If an NOL or net section 1256 accounting, contracts loss carryback eliminates or Line 2Nonbusiness Capital If you itemized your deductions, reduces a general business credit in Losses casualty and theft losses (even if they an earlier year, you may be able to involve nonbusiness property) and carry back the released credit 1 year. Do not include on this line any section employee business expenses (such See section 39 and the instructions 1202 exclusion amounts (even if -7- as union dues, uniforms, tools, and Make the same entries in each The tuition and fees deduction. educational expenses), and column heading as on page 1 of For purposes of figuring the The amount of any net disaster Form 1045 (see the instructions for adjustment to each of these items, loss from Form 4684, line 18a, you Lines 10 Through 27 on page 4). your adjusted gross income is included in your standard deduction. increased by the total of the amounts Line 2 on line 3 and line 4. Do not take into Line 7Nonbusiness Do not take into account on this line account any NOL carryback from Income Other Than Capital any NOL carryback from 2008 or 2008 or later. later. However, do take into account Gains NOLs that occurred in tax years Generally, figure the adjustment to Enter income that is not from a trade before 2008 and are otherwise or business. Examples are ordinary each item of income or deduction in allowable as carrybacks or dividends, annuities, and interest on the order listed above and, when carryovers. investments. figuring the adjustment to each subsequent item, increase or Note. If your taxable income is Do not enter business income on decrease adjusted gross income by shown as zero on your tax return (or line 7. This is income from a trade or the total adjustments you figured for as previously adjusted) for any business and includes: the previous items. However, a carryback year, refigure it without Salaries and wages, special rule applies if you received limiting the result to zero, and enter it Rental income, on line 2 as a negative number. social security benefits and deducted Gain on the sale or exchange of IRA contributions. Use the business real estate or depreciable worksheets in Pub. 590, Individual Line 3Net Capital Loss property, and Retirement Arrangements (IRAs), to Deduction Your share of business income refigure your taxable social security from a partnership or an S Individuals. Enter as a positive benefits and IRA deductions under corporation. number the amount, if any, shown (or the special rule. as previously adjusted) on Schedule For more details on business and Enter on line 6 the total D (Form 1040), line 21 (line 18 for nonbusiness income and deductions, 19982003). adjustments made to the listed items. see Pub. 536. Attach a computation showing how Estates and trusts. Enter as a you figured the adjustments. Line 17Section 1202 positive number the amount, if any, Exclusion shown (or as previously adjusted) on Line 7Adjustment to Schedule D (Form 1041), line 16 (line Enter as a positive number any gain Itemized Deductions 17 for 19982003). excluded under section 1202 on the sale or exchange of qualified small Individuals. Skip this line if, for the Line 4Section 1202 business stock. applicable carryback year: Exclusion You did not itemize deductions, or Enter as a positive number any gain Schedule BNOL The amounts on Schedule B, lines excluded under section 1202 on the 3 through 5, are zero. Carryover sale or exchange of qualified small Otherwise, complete lines 11 through Complete and file this schedule to business stock. 38 and enter on line 7 the amount determine the NOL deduction for from line 38 (or, if applicable, line 14 each carryback year and the amount Line 5Domestic of the worksheet on page 10). to be carried forward, if not fully Production Activities absorbed. Estates and trusts. Recompute the Deduction miscellaneous itemized deductions If an NOL is more than the Enter as a positive number the shown (or as previously adjusted) on modified taxable income for the amount of any domestic production Form 1041, line 15b, and any earliest year to which it is carried, you activities deduction claimed on your casualty or theft losses shown (or as must file Schedule B to figure the return. previously adjusted) on Form 4684, amount of the NOL to be carried to Casualties and Thefts, line 18 (line 20 the next tax year. The amount of the Line 6Adjustments to for 2005 and 2006) by substituting carryover is the excess, if any, of the Adjusted Gross Income modified adjusted gross income (see NOL carryback over the modified below) for the adjusted gross income If you entered an amount on line 3 or taxable income for that earlier year. of the estate or trust. Subtract the line 4, you must refigure certain Modified taxable income is the recomputed deductions and losses income and deductions based on amount figured on line 9 of from the deductions and losses adjusted gross income. These Schedule B. previously shown, and enter the include: difference on line 7. If you carry two or more NOLs The special allowance for passive to a tax year, figure your activity losses from rental real estate Modified adjusted gross income modified taxable income by activities, CAUTION ! for estates and trusts. For deducting the NOLs in the order in Taxable social security benefits, purposes of figuring miscellaneous which they were incurred. First, IRA deductions, itemized deductions subject to the 2% deduct the NOL from the earliest Excludable savings bond interest, limit, figure modified adjusted gross year, then the NOL from the next The exclusion of amounts received income by adding the following earliest year, etc. After you deduct under an employer's adoption amounts to the adjusted gross each NOL, there will be a new, assistance program, income previously used to figure smaller, modified taxable income to The student loan interest these deductions. compare to any remaining NOL. deduction, and -8- The total of the amounts from lines No. Your deduction is not For NOL carryover purposes, you 3 through 6 of Form 1045, limited. Enter the amount from line 19 must reduce any charitable Schedule B. on line 20 and enter -0- on line 21. contributions carryover to the extent The exemption amount shown (or that the NOL carryover on line 10 is Line 26Refigured as previously adjusted) on Form increased by any adjustment to Charitable Contributions 1041, line 20. charitable contributions. The income distribution deduction Refigure your charitable contributions Line 38 shown (or as previously adjusted) on using line 24 as your adjusted gross Complete the worksheet on page 10 Form 1041, line 18. income unless, for any preceding tax if line 22, Schedule B, is more than: year: For purposes of figuring casualty $124,500 for 1998 ($62,250 if You entered an amount other than or theft losses, figure modified married filing separately), zero on line 23, and adjusted gross income by adding the $126,600 for 1999 ($63,300 if You had any items of income or total of the amounts from lines 3 married filing separately), deductions based on adjusted gross through 6 of Form 1045, Schedule B, $128,950 for 2000 ($64,475 if income which are listed in the to the adjusted gross income married filing separately), instructions for line 6 of previously used to figure these $132,950 for 2001 ($66,475 if Schedule B on page 8. losses. married filing separately), If you cannot use the amount from Line 10NOL Carryover $137,300 for 2002 ($68,650 if line 24 as your adjusted gross married filing separately), After completing all applicable income, figure your adjusted gross $139,500 for 2003 ($69,750 if columns, carry forward to 2009 the income as follows. married filing separately), amount, if any, on line 10 of the 1. Figure the adjustment to each $142,700 for 2004 ($71,350 if column for the 1st preceding tax year. item of income or deduction in the married filing separately), same manner as explained in the Line 20Refigured Qualified $145,950 for 2005 ($72,975 if instructions for line 6 of Schedule B married filing separately), Mortgage Insurance on page 8, except do not take into $150,500 for 2006 ($75,250 if Premiums account any NOL carrybacks when married filing separately), or Is your modified adjusted gross figuring adjusted gross income. $156,400 for 2007 ($78,200 if income from Form 1045, Schedule B, Attach a computation showing how married filing separately). line 13, more than $100,000 ($50,000 you figured the adjustments. Only complete a column for each if married filing separately)? 2. Add lines 3, 4, 5, 11, and 23 of year that meets the above Schedule B to the total adjustments Yes. Your deduction is limited. requirements. you figured in (1) above. Use the Refigure your deduction using the result as your adjusted gross income Qualified Mortgage Insurance to refigure charitable contributions. Premiums Deduction Worksheet below. Qualified Mortgage Insurance Premiums Deduction WorksheetLine 20 Keep for Your Records Before you begin: See the instructions for line 20 above to see if you must use this worksheet to refigure your deduction. 1. Enter the total premiums you paid in 2007 for qualified mortgage insurance for a contract issued in 2007 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 qualified mortgage insurance premiums deduction. Subtract line 6 from line 1. Enter the result here and on Form 1045, Schedule B, line 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. -9- Add the amounts from Form 1045, Schedule B, lines 17, 20, 26, 31, and 36, and the amounts from Schedule A (Form 1040), lines 9, 14, and 27 (lines 9, 10, 11, 12, 14, and 28 for 2007), or the amounts from Schedule A (Form 1040NR), lines 3 and 16; (or as previously adjusted) Add the amounts from Form 1045, Schedule B, lines 17 and 31; Schedule A (Form 1040), line 13 (line 14 for 2007), line 15b for 2005, and any gambling losses included on line 27 (line 28 for 2007); or Schedule A (Form 1040NR), line 4b for 2005; (or as previously adjusted) 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 Multiply line 3 by 80% (.80) Enter the amount from Form 1045, Schedule B, line 22 Enter: Subtract line 6 from line 5 Multiply line 7 by 3% (.03) Enter the smaller of line 4 or line 8 Is the applicable carryback year 2006 or 2007? Total itemized deductions from Schedule A (Form 1040), line 28 (line 29 for 2007), or Schedule A (Form 1040NR), line 17, (or as previously adjusted) Subtract line 12 from line 13. Enter the difference here and on line 7 of Form 1045, Schedule B 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 13. 14. Itemized Deductions Limitation WorksheetSee the instructions for line 38 on page 9 (keep for your records) $150,500 for 2006 ($75,250 if married filing separately); Enter applicable carryback year $124,500 for 1998 ($62,250 if married filing separately); $126,600 for 1999 ($63,300 if married filing separately); $128,950 for 2000 ($64,475 if married filing separately); $132,950 for 2001 ($66,475 if married filing separately); $137,300 for 2002 ($68,650 if married filing separately); $139,500 for 2003 ($69,750 if married filing separately); $142,700 for 2004 ($71,350 if married filing separately); $145,950 for 2005 ($72,975 if married filing separately); No. Skip lines 10 and 11, go to line 12 Yes. Divide line 9 by 3.0 Subtract line 10 from line 9 11. Is the applicable carryback year 2006 or 2007? 12. No. Subtract line 9 from line 1 Yes. Subtract line 11 from line 1 $156,400 for 2007 ($78,200 if married filing separately). -10- the information shown on your tax The time needed to complete and Disclosure, Privacy Act, and return to others as described in the file this form will vary depending on Paperwork Reduction Act Notice. Internal Revenue Code. For example, individual circumstances. The We ask for the information on this we may disclose your tax information estimated burden for individual form to carry out the Internal to the Department of Justice, to taxpayers filing this form is approved Revenue laws of the United States. enforce the tax laws, both civil and under OMB control number You may use Form 1045 to apply criminal, and to cities, states, the 15450074 and is included in the under section 6411 for a quick refund District of Columbia, U.S. estimates shown in the instructions of tax for a prior year affected by commonwealths or possessions, and for their individual income tax return. certain carrybacks. If you file Form certain foreign governments to carry The estimated burden for all other 1045, you are required to give us the out their tax laws. We may disclose taxpayers who file this form is shown requested information. We need it to your tax information to the below. ensure that you are complying with Department of Treasury and these laws and to allow us to figure Recordkeeping . . . . . . . 21 hr., 12 min. contractors for tax administration and collect the right amount of tax. Learning about the law purposes; and to other persons as Section 6109 requires that you or the form . . . . . . . . . . 9 hr., 6 min. necessary to obtain information which disclose your taxpayer identification Preparing the form . . . . 12 hr., 1 min. we cannot get in any other way in number (SSN, ITIN, or EIN). If you do Copying, assembling, order to determine the amount of or not provide the information and sending the form to to collect the tax you owe. We may requested, we may be unable to the IRS . . . . . . . . . . . . . 1 hr., 3 min. disclose your tax information to the process this application. Providing Comptroller General of the United false or fraudulent information may If you have comments concerning States to permit the Comptroller subject you to penalties. the accuracy of these time estimates General to review the Internal or suggestions for making this form You are not required to provide the Revenue Service. We may disclose simpler, we would be happy to hear information requested on a form that your tax information to Committees of from you. You can write to the is subject to the Paperwork Reduction Congress; federal, state, and local Internal Revenue Service, Tax Act unless the form displays a valid child support agencies; and to other Products Coordinating Committee, OMB control number. Books or federal agencies for the purposes of SE:W:CAR:MP:T:T:SP, 1111 records relating to a form or its determining entitlement for benefits or Constitution Ave., NW, IR-6526, instructions must be retained as long the eligibility for and the repayment of Washington, DC 20224. as their contents may become loans. We may also disclose this material in the administration of any Do not send the form to this information to other countries under a Internal Revenue law. address. Instead, see Where To File tax treaty, to federal and state on page 3. Generally, tax returns and return agencies to enforce federal nontax information are confidential, as stated criminal laws, or to federal law in section 6103. However, section enforcement and intelligence 6103 allows or requires the Internal agencies to combat terrorism. Revenue Service to disclose or give -11- </p>
