Pasirinkite kalbą

Forma Instrukcijos

Instrukcijos Formai 1139, Korporacija Prašymas dėl gentacinis grąžinimas

2021 m. lapkričio mėn

Susijusios formos

  • Forma - Corporation application for Tentative Refund
Detalės
Dokumento formatas PDF
Dydis 140.2 KB
parsisiųsti
Department of the Treasury  
Internal Revenue Service  
Instructions for Form 1139  
(Rev. November 2021)  
(For use with the October 2018 revision of Form 1139)  
Corporation Application for Tentative Refund  
Section references are to the Internal Revenue  
Code unless otherwise noted.  
period and instead carry the NOL  
forward to future tax years only if it has  
an NOL from a farming loss or a loss as  
an insurance company, other than a life  
insurance company. See Definitions  
Form 1138. If the corporation filed  
Form 1138, Extension of Time for  
Payment of Taxes by a Corporation  
Expecting a Net Operating Loss  
Future Developments  
For the latest information and  
developments related to Form 1139 and  
its instructions, such as legislation  
enacted after this form and its  
instructions were published, go to  
Carryback, it can get an additional  
extension of time to pay. To do so, file  
Form 1139 by the last day of the month  
Certain corporations can make the  
election for the loss year by (1) checking that includes the due date (including  
the box on Form 1120, Schedule K,  
line 11 (or the comparable line of the  
extensions) for filing the return for the  
tax year from which the applicable NOL  
corporation's income tax return), and (2) carryback arose.  
filing the corporation's return by its due  
What’s New  
Qualified new members of a consoli-  
date, including extensions. In this case,  
do not attach the statement described in  
Temporary Regulations section  
Repeal of the NOL carryback. For  
losses incurred in tax years beginning  
after December 31, 2020, the NOL  
carryback rules apply only for farming  
losses and losses from insurance  
companies, other than life insurance  
Rules, later.  
dated group. The general rule above  
applies to the time for filing of Form  
1139 by a consolidated group.  
301.9100-12T. Once made, the election  
is irrevocable. See the instructions for  
the corporation's income tax return.  
However, for this purpose, a separate  
return year of a qualified new member  
(see below) that ends on the date of  
joining the new group is treated as  
ending on the same date as the end of  
the tax year of the consolidated group  
that includes the date of the end of the  
separate return year. If this special  
treatment applies, see the instructions  
for line 5 below. A new member of a  
consolidated group is a qualified new  
member if immediately prior to  
If the corporation timely filed its return  
for the loss year without making the  
election, it can make the election on an  
amended return filed within 6 months of  
the due date of the loss year return  
(excluding extensions). Attach the  
election to the amended return and write  
“Filed pursuant to section 301.9100-2”  
on the election statement.  
Corporations filing a consolidated  
return that elect to waive the entire  
carryback period for the group must also  
attach the statement required by  
Regulations section 1.1502-21(b)(3) or  
the election will not be valid.  
NOL deduction limitation. For tax  
years beginning after December 31,  
2020, the deduction of NOLs arising in  
tax years beginning after December 31,  
2017, is limited. This limitation does not  
apply to an insurance company, other  
than a life insurance company. See the  
instructions for Line 14.  
becoming a new member either:  
It was the common parent of a  
consolidated group, or  
General Instructions  
Purpose of Form  
A corporation (other than an S  
corporation) files Form 1139 to apply for  
a quick refund of taxes from:  
It was not required to join in the filing  
of a consolidated return.  
Where To File  
File Form 1139 with the Internal  
Note. If the corporation had an NOL for  
a tax year beginning after December 31,  
2017, and before January 1, 2021, the  
corporation could make special  
Revenue Service Center where the  
corporation files its income tax return.  
The carryback of an NOL;  
The carryback of a net capital loss;  
The carryback of an unused general  
Do not file Form 1139 with the  
elections to waive the carryback period  
or to exclude all of the section 965 years  
from the NOL carryback period. See  
Rev. Proc. 2020-24, 2020-18 I.R.B. 750,  
available at IRS.gov/irb/  
business credit;  
corporation's income tax return.  
!
CAUTION  
An overpayment of tax due to a claim  
of right adjustment under section  
1341(b)(1); or  
What To Attach  
Attach to Form 1139 copies of the  
following, if applicable, for the year of  
the loss or credit.  
An election under section 53(e)(5) to  
claim 100% of prior year minimum tax  
for its tax year beginning in 2018.  
When To File  
The first two pages of the  
Tax-exempt organizations  
Generally, the corporation must file  
Form 1139 within 12 months of the end  
of the tax year in which an NOL, net  
capital loss, unused credit, or claim of  
right adjustment arose.  
corporation's income tax return.  
claiming a refund of taxes  
!
All other forms and schedules from  
CAUTION  
reported on Form 990-T, see  
which a carryback results (for example,  
Schedule D (Form 1120), Capital Gains  
and Losses; Form 3800, General  
Business Credit, etc.).  
the Instructions for Form 990-T for  
information on how to claim the refund.  
The corporation must file its  
Waiving the NOL carryback period.  
For NOLs arising in tax years beginning  
after December 31, 2020, a corporation  
can elect to waive the entire carryback  
All Forms 8886, Reportable  
income tax return for the tax  
!
CAUTION  
Transaction Disclosure Statement,  
year no later than the date it  
attached to the corporation's tax return.  
files Form 1139.  
Dec 13, 2021  
Cat. No. 20631X  
     
Any applicable election statement.  
dividends received on certain preferred  
stock of a public utility are computed  
without regard to the limitation on the  
aggregate amount of deductions under  
section 246(b).  
Filing Form 1120X or Other  
Amended Return  
below.  
A corporation can get a refund by filing  
Form 1120X (or other amended return,  
such as an amended Form 1120-PC)  
instead of Form 1139. Generally, the  
corporation must file an amended return  
within 3 years after the date the return  
was due for the tax year in which an  
NOL, net capital loss, or unused credit  
arose (or, if later, the date the return for  
that year was filed).  
All carryback year forms and  
schedules for which items were  
refigured.  
The dividends-paid deduction for  
Form 8302, Electronic Deposit of Tax  
dividends paid on certain preferred  
stock of a public utility is computed  
without regard to the limitation under  
section 247(a)(1)(B).  
Refund of $1 Million or More. Electronic  
deposits can be made only for a  
carryback year for which the refund is at  
least $1 million. Attach a separate form  
for each such carryback year.  
No deduction under section 199A is  
allowed.  
The section 250 deduction for foreign  
Processing the Application  
based intangible income is not allowed.  
Corporations must file Form 1120X  
(or other amended return) instead of  
Form 1139 to carry back:  
The IRS will process this application  
within 90 days of the later of:  
For losses incurred in tax years  
beginning after December 31, 2020,  
only farming losses (discussed below)  
and losses of an insurance company,  
other than a life insurance company  
(discussed below), can be carried back.  
The carryback for these losses is 2  
period, earlier.  
The date the corporation files the  
Any item, other than an NOL, to a  
complete application, or  
section 965 year;  
The last day of the month that  
A prior year foreign tax credit  
includes the due date (including  
released due to an NOL or net capital  
loss carryback; or  
extensions) for filing the corporation's  
income tax return for the year in which  
the loss or credit arose (or, for a claim of  
right adjustment, the date of the  
A prior year general business credit  
released because of the release of the  
foreign tax credit.  
overpayment under section 1341(b)(1)).  
Losses not used can be carried  
forward indefinitely, except for the  
losses of insurance companies, other  
than life insurance companies. These  
losses can be carried forward 20 years.  
Because of the changes in the NOL  
rules under the CARES Act, a  
corporation may file Form 1139 for an  
NOL it carries back to a section 965  
year.  
The payment of the requested refund  
does not mean the IRS has accepted  
the application as correct. If the IRS  
later determines 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, the  
corporation may be assessed penalties.  
Interest is also charged on any amounts  
erroneously refunded, credited, or  
applied.  
If a corporation carries back its  
Note. The carryback period for NOLs  
incurred in tax years beginning after  
December 31, 2017, and before  
NOL to a section 965 year in the  
!
CAUTION  
5-year carryback period, it is  
deemed to have made an election  
under section 965(n). See section  
172(b)(1)(D)(iv). Also, go to IRS.gov/  
Form1139 to find links to updates on  
carrying back losses to a section 965  
year.  
January 1, 2021, is 5 years. See section  
172(b)(1)(D)(i). Any loss not used can  
be carried forward indefinitely except for  
the loss of an insurance company, other  
than a life insurance company, which  
can be carried forward 20 years.  
The IRS may need to contact the  
corporation or its authorized  
representative for more information. To  
designate an attorney or representative,  
attach Form 2848, Power of Attorney  
and Declaration of Representative, to  
Form 1139.  
The procedures for processing an  
amended return and Form 1139 are  
different. The IRS is not required to  
process an amended return within 90  
days. However, if the IRS does not  
process it within 6 months from the date  
a corporation files it, the corporation can  
file suit in court. If the IRS disallows a  
claim on an amended return and the  
corporation disagrees with that  
Farming Loss  
A farming loss is the smaller of:  
1. The amount that would be the  
NOL for the tax year if only income and  
deductions attributable to farming  
businesses (as defined in section  
263A(e)(4)) were taken into account, or  
Disallowance of the Application  
An application for a tentative refund is  
not treated as a claim for credit or  
refund. It may be disallowed if there are  
any material omissions or math errors  
that are not corrected within the 90-day  
period. If the application is disallowed in  
whole or in part, no suit challenging the  
disallowance may be brought in any  
court. But the corporation can file a  
regular claim for credit or refund. See  
Return, below.  
2. The NOL for the tax year.  
To the extent the NOL is a farming loss,  
the carryback period is 2 years. Any  
such loss not applied in the 2 preceding  
years can be carried forward indefinitely  
(subject to limitations). See the  
determination, the corporation must file  
suit no later than 2 years after the date  
the IRS disallows it.  
Definitions and Special Rules  
Net Operating Loss (NOL)  
For corporations, an NOL is the excess  
of the deductions allowed over gross  
income, computed with the following  
adjustments.  
instructions for line 14.  
The corporation can make an  
irrevocable election to forgo the 2-year  
carryback period. See section 172(b)(1)  
(B)(iv).  
Excessive Allowances  
Any amount applied, credited, or  
The NOL deduction for an NOL  
refunded based on this application that  
the IRS later determines to be  
carryback or carryover from another  
year is not allowed.  
Insurance Loss  
excessive may be billed as if it were due  
to a math or clerical error on the return.  
The dividends-received deductions  
An insurance company (as defined in  
for dividends received from domestic  
and foreign corporations and for  
section 816(a)), other than a life  
insurance company, can carry back an  
-2-  
   
NOL to each of the 2 preceding tax  
overpayment of tax due to a claim of  
“12/31/19” in the spaces provided  
above columns (a) and (b). After making  
the entries, it reads “2nd preceding tax  
year ended 12/31/19 .”  
years. Any such loss not applied in the 2 right adjustment under section 1341(b)  
preceding years can be carried forward  
up to 20 years.  
(1). See the instructions for line 29,  
later.  
Allocation of NOLs when a loss cor-  
poration has an ownership change.  
If the corporation has a loss for a year  
and has an ownership change, special  
rules apply for allocating NOLs. For  
details, see Regulations section  
1.382-6.  
Line 4  
When completing lines 16 through  
26, take into account any write-in  
amounts that may have appeared on  
the original return. For example, for a  
tax year beginning in 2021, if Form  
1120, Schedule J, line 2, was increased  
by deferred tax under section 1291,  
include that amount on line 16.  
Foreign taxes taken as a credit in a prior  
year can be reduced to zero by the  
carryback of an NOL or a net capital  
loss on Form 1139. A corporation must  
file Form 1120X (or other amended  
return) instead of Form 1139 to carry  
back a prior year foreign tax credit  
released due to an NOL or net capital  
loss carryback. See Filing Form 1120X  
Line 11—Taxable Income From  
Tax Return  
Enter in columns (b), (d), and (f), the  
amounts from columns (a), (c), and (e),  
respectively.  
Specific Instructions  
Address  
Include the room, suite, or other unit  
number after the street address. If the  
Post Office does not deliver mail to the  
street address and the corporation has  
a P.O. box, enter the box number  
instead of the street address.  
Line 5  
If the common parent of a consolidated  
group files Form 1139 to carry back a  
loss or credit arising in a corporation's  
separate return year to a year in which  
the corporation joined in the filing of a  
consolidated return, the IRS is required  
to send the refund for that year directly  
to, and in the name of, the common  
parent (or agent designated under  
Regulations section 1.1502-77(d) for  
the carryback year). See Regulations  
sections 1.1502-78(a) and (b).  
Line 12—Capital Loss  
Carryback  
Enter the capital loss carryback, but not  
more than capital gain net income.  
Capital gain net income is figured  
without regard to the capital loss  
carryback of the loss year or any later  
year. Attach a copy of Schedule D  
(Form 1120) for the carryback year.  
Enter the amount of the capital loss  
carryback as a positive number on  
line 12.  
If the corporation receives its mail in  
care of a third party (such as an  
accountant or an attorney), enter on the  
street address line “C/O” followed by the  
third party's name and street address or  
P.O. box.  
Line 1a—Net Operating Loss  
If the corporation is filing Form 1139  
for a short tax year created when the  
corporation became a qualified new  
member of a consolidated group (see  
If the corporation is claiming a tentative  
refund based on the carryback of any of  
the NOLs discussed under Definitions  
and Special Rules, include the amount  
of the carryback on line 1a. Attach any  
statements required. See What To  
Attach, earlier.  
When carrying over a net capital loss  
to a later tax year, reduce the amount of  
the net capital loss that can be used in  
the later years by the amount of the net  
capital loss deductions used in the  
earlier years. For details, see section  
1212(a)(1).  
consolidated group, earlier) the  
corporation must answer “Yes” on  
line 5a and enter the tax year ending  
date, name, and EIN of the new  
common parent on line 5b.  
Line 1b—Net Capital Loss  
Generally, a net capital loss can be  
carried back 3 years and treated as a  
short-term capital loss in the carryback  
year. The net capital loss can be carried  
back only to the extent it does not  
increase or produce an NOL in the tax  
year to which it is carried. For special  
rules for capital loss carrybacks, see  
sections 1212(a)(3) and (4).  
Line 14—NOL Deduction  
Lines 11 through 28 —  
Computation of Decrease in  
Tax  
In columns (a), (c), and (e), enter the  
amount for the applicable carryback  
year as shown on your original or  
amended return or as adjusted by the  
IRS.  
For tax years beginning before January  
1, 2021, the NOL deduction is the total  
of the NOL carryforwards to such year  
plus the NOL carrybacks to that year.  
For tax years beginning after  
December 31, 2020, the NOL deduction  
for the year cannot exceed the  
aggregate amount of NOLs arising in  
tax years beginning before January 1,  
2018, carried to such year plus the  
lesser of:  
1. The aggregate amount of NOLs  
rising in tax years beginning after  
December 31, 2017, carried to such tax  
year; or  
2. 80 percent of the excess, if any,  
of taxable income determined without  
any NOL deduction, section 199A  
deduction, or section 250 deduction,  
over any NOL carryover to the tax year  
from tax years beginning before January  
1, 2018.  
Line 1c—Unused General  
Business Credit  
Use columns (a) and (b), (c) and (d),  
or (e) and (f) to enter amounts before  
and after carryback for each year to  
which the loss is carried. Start with the  
earliest carryback year. Use the  
remaining pairs of columns for each  
consecutive preceding 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 above  
columns (a) and (b), (c) and (d), or (e)  
and (f).  
If the corporation is claiming a tentative  
refund based on a carryback of an  
unused general business credit (GBC),  
attach a copy of the appropriate credit  
form for the tax year in which the credit  
arose. Except as provided in section  
39(d), an unused GBC can be carried  
back 1 year. Refigure the credit for the  
carryback year on Form 3800, or the  
applicable credit form. See the  
Instructions for Form 3800.  
Line 1d—Other  
Complete line 1d if Form 1139 is filed to  
claim a tentative refund based on an  
For example, if the loss year is the  
2021 calendar year and the loss is  
carried back 2 years, enter “2nd” and  
An exception applies for NOLs from  
insurance companies other than life  
-3-  
 
insurance companies. The 80% taxable  
income limit does not apply for these  
entities. See sections 172(b) and (f).  
the case of certain banks or registered  
securities dealers). See section 59A,  
the regulations under section 59A, and  
the Instructions for Form 8991 for further  
guidance on determining the base  
erosion minimum tax amount.  
showing the information required by  
Regulations section 5.6411-1(d).  
Paperwork Reduction Act Notice.  
We ask for the information on this form  
to carry out the Internal Revenue laws of  
the United States. You are required to  
give us the 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.  
Unless the corporation has elected to  
waive the carryback or elected to  
exclude section 965 years from the  
carryback period, NOLs are first applied  
to the earliest year in the carryback  
period. Any unused amount is carried to  
the next tax year in the carryback  
Line 20—General Business  
Credit  
In columns (b), (d), and (f), enter the  
total of the corrected GBCs. Attach all  
applicable forms used to redetermine  
the GBC. Also, see the instructions for  
line 1c.  
Released general business credits.  
If an NOL carryback or a net capital loss  
carryback eliminates or reduces a GBC  
in an earlier tax year, the released GBC  
can be carried back 1 year.  
See section 39 and the Instructions  
for Form 3800 for more details on GBC  
carrybacks.  
period. Any amount not used during the  
carryback period is carried forward. See  
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  
Line 16—Income Tax  
In columns (b), (d), and (f), enter the  
refigured income tax after taking into  
account the carryback(s). See the  
instructions for the corporate income tax  
return for the applicable year for details  
on how to figure the income tax. Attach  
a computation of the refigured tax. Take  
into account section 1561 when  
administration of any Internal Revenue  
law. Generally, tax returns and return  
information are confidential, as required  
by section 6103.  
refiguring the income tax.  
Line 21—Other Credits  
The time needed to complete and file  
this form will vary depending on  
individual circumstances. The estimated  
average time is:  
See the corporation's tax return for the  
carryback year for any additional credits  
that will apply in that year. If any entry is  
made on line 21, attach a statement  
identifying the credits claimed.  
Line 17—Alternative Minimum  
Tax  
For columns (b), (d), and (f), refigure the  
alternative minimum tax. Complete and  
attach Form 4626 for the appropriate tax  
years before 2018. For tax years after  
2017, the corporate alternative  
Recordkeeping. . . . . . 27 hr., 44 min.  
Line 25—Other Taxes  
Learning about the  
law or the form. . . . . .  
For columns (b), (d), and (f), refigure  
any other taxes not mentioned above,  
such as recapture taxes, that will apply  
in that year. If an entry is made on  
line 25, identify the taxes on an attached  
statement.  
4 hr., 55 min.  
minimum tax has been repealed.  
Preparing the form . . 10 hr., 14 min.  
Line 18—Base Erosion  
Minimum Tax  
Copying, assembling,  
and sending the form  
to the IRS . . . . . . . . . .  
The base erosion minimum tax applies  
to corporations, other than regulated  
investment companies (RICs), real  
estate investment trusts (REITs), and S  
corporations, that have average annual  
gross receipts for the 3 preceding tax  
years of $500 million or more and that  
have deductions paid or accrued to  
foreign related parties that are greater  
than 3% of their total deductions (2% in  
1 hr., 20 min.  
Line 29—Overpayment of Tax  
Under Section 1341(b)(1)  
For a tentative refund based on an  
overpayment of tax under section  
1341(b)(1), enter the overpayment on  
line 29 and attach a computation  
If you have comments or suggestions  
for making this form simpler, we would  
be happy to hear from you. See the  
instructions for the tax return with which  
this form is filed.  
-4-