Форма 1065 Инструкции
Инструкции по форме 1065, Возвращение доходов от партнерства в США
Rev. 2023
Связанные формы
- Форма 1065 - Возвращение доходов от партнерства в США
Department of the Treasury
Internal Revenue Service
2023
Instructions for Form 1045
Application for Tentative Refund
Section references are to the Internal Revenue Code unless
otherwise noted.
income (QBI), nor 250 foreign-derived intangible income
(FDII)/global intangible low-taxed income (GILTI), over
(II) the aggregate amount of NOLs arising in tax years
beginning before 2018, carried to the tax year.
Future Developments
For the latest information about developments related to
Form 1045 and its instructions, such as legislation enacted
General Instructions
Purpose of Form
Reminders
Individuals, estates, and trusts use Form 1045 to apply for a
quick tax refund resulting from:
Limitation on excess business losses of noncorporate
taxpayers. Public Law 117-169, August 16, 2022, amended
section 461(l) to provide that the disallowance of excess
business losses is effective for tax years beginning after 2020
and before 2029. See Form 461 and its instructions for
details.
The carryback of an NOL,
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The carryback of an unused general business credit,
The carryback of a net section 1256 contracts loss, or
An overpayment of tax due to a claim of right adjustment
under section 1341(b)(1).
Child tax credit (CTC) and advanced payments. Public
Law 117-2, March 11, 2021, amended section 24 and added
section 7527A to provide:
Tax-exempt trusts claiming a refund of taxes reported
on Form 990-T should refer to the Instructions for
Form 990-T for information on how to claim the
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CAUTION
refund.
1. a refundable child tax credit for 2021,
2. a program of advanced payments of the credit during
Carrying back an NOL to an earlier tax year may
create an alternative minimum tax (AMT) liability for
that earlier year. This may be true even if there was
2021 to expected recipients,
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3. a method of reducing the credit allowable for 2021 by
amount(s) of advanced payment(s) received during 2021,
and
CAUTION
no AMT liability on the tax return filed for that earlier year.
Carrying back an NOL to tax year 2021 may create
4. an increase in recipient’s 2021 tax equal to any excess
an excess advance child tax credit (CTC) payment,
advanced payments received in 2021.
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CAUTION
based on the refigured adjusted gross income (AGI)
For carryback year 2021, include any excess advance
payments of the child tax credit on Form 1045, Computation
of Decrease in Tax, line 17, and include the child tax credits
on Form 1045, Computation of Decrease in Tax, line 21. See
the 2021 Instructions for Schedule 8812 (Form 1040) for
information regarding calculating/recalculating the credits
and any excess advanced payments for the “before
carryback” and “after carryback” columns and the effect of
carrying back other tax items to 2021.
Net operating loss (NOL) carrybacks and carryovers.
Generally, an NOL, occurring in 2023, can be carried back 2
years only by some farmers and some insurance companies.
See section 172 and Publication 536 for details.
and Modified AGI (MAGI). With the NOL reduction in MAGI,
however, repayment protection under section 24(j) may
reduce the amount of tax you owe, based on certain income
thresholds. See the 2021 Instructions for Schedule 8812
(Form 1040) for more details.
Individuals, estates, and trusts that carry NOLs back
to years in which they have a section 965(a) inclusion
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CAUTION
("965 year") may not use this form. You must use an
amended return to carry back to such years.
Election to waive carryback. A taxpayer may elect to
waive carrybacks. See section 172 and Pub. 536 for details.
Definitions
NOL deduction limitation.
NOL deduction for tax years beginning before 2021
equals the sum of the NOL carryovers and carrybacks to the
year.
Section 1256 contract. Section 1256 provides that each
section 1256 contract held by the taxpayer at the close of the
tax year is treated as sold for its fair market value on the last
business day of the tax year (and any gain or loss is taken
into account for the tax year) and proper adjustment is made
in the amount of any gain or loss later realized for gain or loss
previously taken into account.
NOL deduction for tax years beginning after 2020 equals
the sum of:
(A) the sum of NOLs arising in tax years beginning before
2018, carried to the tax year, plus
(B) the lesser of
The “section 1256 contract” includes:
(i) the sum of NOLs arising in tax years beginning after
2017, carried to the tax year, or
any regulated futures contract,
any foreign currency contract,
any nonequity option,
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(ii) 80% of the excess (if any) of
(I) taxable income computed without the deductions
under sections 172 (NOL), 199A qualified business
any dealer equity option, and
any dealer securities futures contract.
Oct 17, 2023
Cat. No. 13666W
Also attach to Form 1045 copies of all forms or schedules
for items refigured in the carryback years, such as Form
3800; Form 6251 (original and revised for each gain year);
Schedule 8812 (Form 1040), and/or worksheets; Form 6781;
Form 8960; Form 8962; and Form 8995 and/or Form 8995-A.
Farming business. A farming business includes the trade
or business of farming. This includes a cattle operation, or
the raising or harvesting of trees bearing fruit, nuts, or other
crops, or ornamental trees, such as evergreen trees, if they
are cut within the first 6 years. For more information, see the
Instructions for Schedule F (Form 1040).
Estates and Trusts, attach copies of Form 1041 with
accompanying schedules, and any forms, computation
sheets, and elections outlined above, if applicable.
Farming loss. A farming loss is the smaller of:
The amount that would be the NOL for the tax year if only
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income and deductions from farming businesses (as defined
in section 263A(e)(4)) were taken into account, or
You must attach copies of all required forms listed
above and complete all lines on Form 1045 that apply
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The NOL for the tax year.
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CAUTION
to you. Otherwise, your application may be delayed
or disallowed.
When To File
Generally, you must file Form 1045 within 1 year after the end
of the year in which an NOL, unused credit, net section 1256
contracts loss, or claim of right adjustment arose.
Processing the Application
The IRS will process your application within 90 days from the
later of:
If you were affected by a federally declared disaster, you
may have additional time to file your Form 1045. For more
The date you file the complete application, or
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The last day of the month that includes the due date
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(including extensions) for filing your 2023 income tax return
(or, for a claim of right adjustment, the date of the
overpayment under section 1341(b)(1)).
Do not file your 2023 Form 1045 before you file your
2023 income tax return.
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CAUTION
The processing of Form 1045 and the payment of the
requested refund doesn't mean the IRS has accepted your
application as correct. If the IRS later determines that the
claimed deductions or credits are due to an overstatement of
the value of property, negligence, disregard of rules, or
substantial understatement of income tax, you may have to
pay penalties. Any additional tax will also generate interest
compounded daily.
Where To File
File Form 1045 with the Internal Revenue Service Center for
the place where you live as shown in the instructions for your
2023 income tax return.
Don't include Form 1045 in the same envelope as
your 2023 income tax return.
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CAUTION
The IRS may need to contact you or your authorized
representative (for example, your accountant or tax return
preparer) for more information so we can process your
application. If you want to designate a representative for us to
contact, attach a copy of your authorization to Form 1045. For
this purpose, you can use Form 2848, Power of Attorney and
Declaration of Representative.
What To Attach
Attach copies of the following, if applicable, to Form 1045 for
the year of the loss or credit.
If you are an individual, your 2023 Form 1040, or pages 1
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through 3 of your 2023 Form 1040-SR, and Schedules 1
through 3, and A, D, F, and J (Form 1040), if applicable.
Disallowance of the Application
Any Form 4952, Investment Interest Expense Deduction,
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attached to your 2023 income tax return.
Your application isn't treated as a claim for credit or refund. It
may be disallowed if it has material omissions or math errors
that aren't corrected within the 90-day period. If the
application is disallowed in whole or in part, no suit
challenging the disallowance can be brought in any court.
However, you can file a regular claim for credit or refund
before the limitation period expires, as explained later under
Form 461, Limitation on Business Losses.
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All Schedules K-1, K-2, and K-3 you received from
partnerships, S corporations, estates, or trusts that contribute
to the carryback.
Any application for extension of time to file your 2023
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income tax return.
All Forms 8886, Reportable Transaction Disclosure
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Statement, attached to your 2023 income tax return.
Forms 8302, Electronic Deposit of Tax Refund of $1 Million
Excessive Allowances
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or More.
Any amount applied, credited, or refunded based on this
application that the IRS later determines to be excessive may
be billed as if it were due to a math or clerical error on the
return.
Alternative Minimum Tax Net Operating Loss (AMTNOL) or
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Alternative Tax Net Operating Loss Deduction (ATNOLD)
calculation.
Form 6251, Alternative Minimum Tax—Individuals, for
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Form 1040-X or Other Amended
Return
each loss year.
Any detailed allocation schedules for a filing status change
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or for different spouses between the gain and loss years; see
Pub. 536.
Individuals can claim a refund by filing Form 1040-X,
Amended U.S. Individual Income Tax Return, instead of Form
1045. An estate or trust can file an amended Form 1041, U.S.
Income Tax Return for Estates and Trusts.
Any applicable election statement.
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All other forms and schedules from which a carryback
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results, such as Schedule C (Form 1040); Form 3800,
General Business Credit; Form 6478, Biofuel Producer
Credit; Form 6781, Gains and Losses From Section 1256
Contracts and Straddles; or Form 3468, Investment Credit.
If you use Form 1040-X or other amended return, follow
the instructions for that return. Attach to the amended return
a copy of Schedule A of Form 1045 showing the computation
of the NOL and, if applicable, a copy of Schedule B of Form
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Instructions for Form 1045 (2023)
1045 showing the computation of the NOL carryover.
Complete a separate Form 1040-X or other amended return
for each year for which you request an adjustment.
1045 to carry the released general business credits to earlier
years. Instead, you must file Form 1040-X or other amended
return to claim a refund for those years. For details, see Rev.
Rul. 82-154, 1982-2 C.B. 394.
You must file Form 1040-X (or other amended return)
instead of Form 1045 to carry back:
Lines 10 Through 32—Computation of
Decrease in Tax
Any items to a section 965 year,
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A prior year foreign tax credit released due to an NOL or
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net capital loss carryback, or
Figure the amount of decrease, from the carryback, in tax
previously figured for each tax year before the tax year of the
NOL, net capital loss, or unused credit. The tax previously
figured will be the tax shown on the return as filed, increased
by any amounts assessed (or collected without assessment)
as deficiencies before the date of the filing of the application
for a tentative carryback adjustment, and decreased by any
amounts abated, credited, refunded, or otherwise repaid
prior to that date.
A prior year general business credit released because of
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the release of the foreign tax credit.
See Form 1040-X and its instructions for more information.
Additional Information
For more details on NOLs, see Pub. 536.
Specific Instructions
For purposes of the tentative carryback adjustment, any
items over which you and the IRS are in disagreement at the
time of the filing of the application shall be taken into account
in figuring the tax previously figured only if, and to the extent
that, they were reported on the return or were reflected,
before the date of filing the application, in any amounts
assessed (or collected without assessment) as deficiencies
or abated, credited, refunded, or otherwise repaid.
Address
P.O. box. Enter your box number only if your post office
doesn't deliver mail to your street address.
Foreign address. If you have a foreign address, enter the
city name on the appropriate line. Don't enter any other
information on that line, but also complete the spaces below
that line. Don't abbreviate the country name. Follow the
country's practice for entering the postal code and the name
of the province, county, or state.
After figuring the tax previously determined, figure the
decrease in tax previously determined caused by the
carryback and any related adjustments on the basis of the
items of tax taken into account in figuring the tax previously
determined. In figuring any decrease caused by the
carryback or any related adjustment, items must be taken
into account only to the extent that they were reported on the
return, or were reflected, before the date of filing the
application for a tentative carryback adjustment, in amounts
assessed (or collected without assessment) as deficiencies
or abated, credited, refunded, or otherwise repaid.
Line 1b—Unused General Business
Credit
If you claim a tentative refund based on the carryback of an
unused general business credit, attach a detailed
computation showing how you figured the credit carryback
and a recomputation of the credit after you apply the
carryback. Generally, an unused general business credit
must be carried back 1 year.
If you and the IRS are in disagreement as to the proper
treatment of any item, it must be assumed, for purposes of
figuring the decrease in the tax previously figured, that you
reported the item correctly unless, and to the extent that, the
disagreement has resulted in the assessment of a deficiency
(or the collection of an amount without an assessment) or the
allowing or making of an abatement, credit, refund, or other
repayment, before the date of filing the application.
If you filed a joint return (or separate return) for some but
not all of the tax years involved in figuring the unused credit
carryback, special rules apply to figure the carryback. See
the Instructions for Form 3800.
Line 1c—Net Section 1256 Contracts
Loss
Use one pair of columns to enter amounts before and after
carryback for each year to which the loss or credit is being
carried. Start with the earliest carryback year. A net section
1256 contracts loss can be carried back 3 years. See the
instructions for line 10, later, to figure the tax years to which
you can carry an NOL. Use the remaining pairs of columns
for each consecutive preceding tax year until the loss is fully
absorbed. Enter the ordinal number of years the loss is being
carried back and the date the carryback year ends in the
spaces provided in the headings above line 10 for each pair
of columns.
Example. Your tax year is the 2023 calendar year and
you are carrying a farming loss back 2 years. You enter “2nd”
and “12/31/2021” in the left column heading in the spaces
provided. The column heading now reads “2nd preceding tax
year ended 12/31/2021.” In the middle pair of columns, you
enter “1st” and “12/31/2022.” The column heading now reads
“1st preceding tax year ended 12/31/2022.”
An individual can elect to carry back a net section 1256
contracts loss to each of the 3 tax years preceding the loss
year. An estate or trust isn’t eligible to make this election. To
make the election, check box D at the top of Form 6781. The
amount that can be used in any prior tax year can’t exceed
the net section 1256 contract gain in that year and can’t
increase or create an NOL for that year. Reflect the carryback
as a reduction to your adjusted gross income in the “After
carryback” column on line 11. Attach to Form 1045 a copy of
Form 6781 and Schedule D (Form 1040) for the year of the
net section 1256 contracts loss, as well as an amended Form
6781 and an amended Schedule D (Form 1040) for each
carryback year. For more details, see section 1212(c).
Line 9
If an NOL or net section 1256 contracts loss carryback
eliminates or reduces a prior year foreign tax credit, you can’t
use Form 1045 to carry the released foreign tax credits to
earlier years. Also, if the released foreign tax credits result in
the release of general business credits, you can’t use Form
For each carryback year, enter in the column labeled
“Before carryback” the amounts for the carryback year as
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Instructions for Form 1045 (2023)
shown on your original or amended return. If the amounts
were previously adjusted by you or the IRS, enter the
amounts after adjustment.
After carryback. If you itemized deductions in the
carryback year, enter in the column labeled “After carryback”
the total of your deductions after refiguring any that are based
on, or limited to a percentage of, your AGI. To refigure your
deductions, use your refigured AGI (Form 1045, line 11, using
the “After carryback” column).
Line 10—NOL Deduction After
Carryback
Don't refigure your charitable contributions
Use the following rules to figure the tax years to which you
must carry an NOL shown on Schedule A, line 24. If an NOL
isn’t fully absorbed in a year to which it is carried, complete
Schedule B to figure the amount to carry to the next
carryback year.
deduction.
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CAUTION
If you have an NOL, see Pub. 536 for more information
and examples.
If you didn't itemize deductions in the carryback year,
enter your standard deduction for that year.
General rule. Generally, only an NOL from some farming
losses and an NOL of some insurance companies can be
carried back 2 years. See section 172 and Publication 536 for
details.
(defined earlier), the carryback period is 2 years. Any such
loss not absorbed in the 2 preceding tax years can be carried
forward to each tax year following the tax year of loss. The
loss deduction entered on line 10 is the amount allowed for
each year.
The portion of any NOL not applied in the 2 preceding tax
years can be carried forward to tax years succeeding the loss
year until it is fully absorbed.
Example. You operate a farming business and incur an
NOL of $50,000 for 2023. $35,000 of the NOL is from income
and deductions of your farming business; $15,000 is from
another business. The $35,000 farming loss is carried back 2
years to 2021; the remainder of the loss (nonfarm loss) isn't
eligible for carryback and must be carried forward.
Line 14—Exemptions
Individuals. For 2018 through 2025, individuals’ personal
exemption amounts are zero.
Estates and trusts. Enter in the columns labeled “Before
carryback” and “After carryback” for each applicable
carryback year the amount shown (or as previously adjusted)
on Form 1041, line 21, for 2020, 2021, and 2022.
Line 16—Income Tax
Use your refigured taxable income (Form 1045, line 15, using
the “After carryback” column) to refigure your tax for each
carryback year. Include any tax from Form 4970, Tax on
Accumulation Distribution of Trusts, and Form 4972, Tax on
Lump-Sum Distributions. Attach any schedule used to figure
your tax or an explanation of the method used to figure the
tax and, if necessary, a detailed computation.
Special rules. Special rules apply if you filed a joint return
(or a separate return) for some but not all of the tax years
involved in figuring an NOL carryback. For details, see Pub.
536. Attach a computation showing how you figured the
carryback.
For example, write “Tax Computation Worksheet—2020” if
this is the method used for that year. You don't need to attach
a detailed computation of the tax in this case.
Line 17—Excess Advance Premium
Tax Credit Repayment/Excess
Line 11—Adjusted Gross Income
Enter in the column labeled “Before carryback” your adjusted
gross income (AGI) for the carryback year as shown on your
original or amended return.
Advance Child Tax Credit Repayment
Use the Form 8962 and Instructions for Form 8962, Premium
Tax Credit (PTC), for your carryback year(s) to figure/refigure
the amount of your premium tax credit (PTC), advance
payment of the premium tax credit (APTC), and excess
APTC, for the “before carryback” and “after carryback”
columns. Include any excess APTC on line 17 for both the
“before carryback” and “after carryback” columns.
Enter in the column labeled “After carryback” your AGI
refigured after you apply the NOL, or net section 1256
contracts loss carryback, and after you refigure any items of
income, credits, and deductions that are based on, or limited
to, a percentage of your AGI. Amounts to refigure may
include:
For carryback year 2021, include any excess advance
payments of the child tax credit on line 17 for both the “before
carryback” and “after carryback” columns. See the 2021
Instructions for Schedule 8812 (Form 1040) for information
regarding calculating/recalculating the credit, advance
payments, any excess advance payments, and the effect of
carrying back other tax items to 2021.
The special allowance for passive activity losses from
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rental real estate activities,
Taxable social security benefits,
IRA deductions,
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The student loan interest deduction,
The tuition and fees deduction,
The child tax credit,
Line 18—Alternative Minimum Tax
Excludable savings bond interest, and
The exclusion of amounts received under an employer's
The carryback of an NOL or net section 1256 contracts loss
may affect or cause you to owe AMT. Individuals use Form
6251 to figure this tax. Estates and trusts use Schedule I
(Form 1041).
adoption assistance program.
Line 12—Deductions
Individuals. Include in the “before carryback” column for
each carryback year your deductions from AGI as shown on
your income tax return (or as previously amended and/or
adjusted). See the form and instructions for your income tax
return for the carryback year.
See the AMT instructions for the carryback year.
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Instructions for Form 1045 (2023)
Line 20—General Business Credit
Line 33—Overpayment of Tax Under
Section 1341(b)(1)
Enter in the column labeled “After carryback” for each
affected carryback year the total of the refigured general
business credits, using Form 3800.
If you apply for a tentative refund based on an overpayment
of tax under section 1341(b)(1), enter it on this line. Also,
attach a computation showing the information required by
Regulations section 5.6411-1(d).
If an NOL or net section 1256 contracts loss carryback
eliminates or reduces a general business credit in an earlier
year, you may be able to carry back the released credit 1
year. See section 39 and the Instructions for Form 3800 for
more details on general business credit carrybacks.
Signature
Individuals. Sign and date Form 1045. If Form 1045 is filed
jointly, both spouses must sign.
Line 21—Net Premium Tax Credit and
Child Tax Credit
Estates. All executors or administrators must sign and date
Form 1045.
If you claimed a premium tax credit in the carryback year,
complete a new Form 8962 using your refigured household
income. Enter your refigured premium tax credit in the
column labeled “After carryback” for the carryback year.
Trusts. The fiduciary or an authorized representative must
sign and date Form 1045.
Schedule A—NOL
Include the child tax credits on line 21. See the return and
instructions for your carryback year(s) to figure/refigure the
before-carryback and after-carryback child tax credits for the
carryback year(s).
Complete and file this schedule to figure the amount of the
NOL that is available for carryback or carryforward.
Line 1
For individuals, subtract your standard deduction or itemized
deductions from your AGI and enter it here.
Note. Editions of Form 1045 before the 2022 Form 1045
instructed taxpayers to include the child tax credit on line 22.
For the 2023 Form 1045, do not include the child tax credits
on line 22.
Estates and trusts should see the Instructions for Form
1041 and Pub. 536 for guidance in figuring their NOL.
Line 22—Other Credits
Line 2—Nonbusiness Capital Losses
See your tax return for the carryback year for any additional
credits such as the earned income credit, credit for child and
dependent care expenses, education credits, foreign tax
credit, retirement savings contributions credit, etc., that will
apply in that year. If you make an entry on this line, identify
the credit(s) claimed.
Don't include on this line any section 1202 exclusion amounts
(even if entered as a loss on Schedule D (Form 1041)).
Line 6—Nonbusiness Deductions
Enter as a positive number deductions that aren't connected
with a trade or business. They include:
After carryback. Refigure any credits included on this line
that are based on or limited by your AGI, modified AGI
(MAGI), or tax liability. Use your refigured AGI, MAGI, or tax
liability to refigure your credits for each carryback year.
IRA deductions;
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Health savings account deduction;
Archer MSA deduction;
Deductions for payments on behalf of a self-employed
individual to a SEP, SIMPLE, or qualified plan;
Line 25—
Alimony paid;
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Most itemized deductions (except for casualty and theft
Self-Employment Tax
losses resulting from a federally declared disaster and state
income tax on trade or business income); and
Don't adjust self-employment tax because of any carryback.
Standard deduction.
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Line 26—Additional Medicare Tax
Don't adjust Additional Medicare Tax because of any
carryback.
Don't include on line 6 any business deductions. These
are deductions that are connected with a trade or business.
They include:
Line 27—Net Investment Income Tax
(NIIT)
State income tax on income from a trade or business
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(including wages, salary, and unemployment compensation);
Educator expenses;
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Enter in the column labeled “After carryback” for each
affected carryback year any refigured NIIT using Form 8960
for the applicable carryback year. See section 1411 and the
related regulations for information on the use of an NOL for
NIIT purposes.
Moving expenses for members of the Armed Forces;
The deduction for the deductible part of self-employment
health insurance and the deduction for the deductible part of
self-employment tax;
Rental losses;
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Loss on the sale or exchange of business real estate or
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Line 29—Other Taxes
depreciable property;
See your tax return for the carryback year for any other taxes
not mentioned above, such as recapture taxes, tax on an
IRA, etc., that will apply in that year. If you make an entry on
this line, identify the taxes that apply.
Your share of a business loss from a partnership or an S
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corporation;
Ordinary loss on the sale or exchange of section 1244
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(small business) stock;
Ordinary loss on the sale or exchange of stock in a small
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business investment company operating under the Small
Business Investment Act of 1958;
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Instructions for Form 1045 (2023)
Loss from the sale of accounts receivable if such accounts
refigure it without limiting the result to zero and enter it on
line 2 as a negative number.
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arose under the accrual method of accounting; and
If you itemized your deductions, casualty or theft losses
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Line 3—Net Capital Loss Deduction
resulting from a federally declared disaster.
Individuals. Enter as a positive number the amount, if any,
shown (or as previously adjusted) on Schedule D (Form
1040), line 21.
Estates and trusts. Enter as a positive number the amount,
if any, shown (or as previously adjusted) on Schedule D
(Form 1041), line 16.
Line 7—Nonbusiness Income Other Than
Capital Gains
Enter income that isn't from a trade or business. Examples
are ordinary dividends, annuities, and interest on
investments.
Don't enter business income on line 7. This is income from
a trade or business and includes:
Line 4—Section 1202 Exclusion
Enter as a positive number any gain excluded under section
1202 on the sale or exchange of qualified small business
stock.
Salaries and wages,
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Self-employment income,
Unemployment compensation,
Rental income,
Line 5—Section 199A Deductions
Gain on the sale or exchange of business real estate or
depreciable property, and
Enter as a positive number the amount of any qualified
business income deduction under section 199A(a) and
domestic production activities deduction allocated from
specified agricultural or horticultural cooperatives under
section 199A(g) claimed on your return for tax years
beginning after December 31, 2017. See the Instructions for
Form 8995 and Form 8995-A for guidance on figuring QBI
and the deductible amount based on threshold income
levels.
Your share of business income from a partnership or an S
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corporation.
For more details on business and nonbusiness income
and deductions, see Pub. 536.
Line 17—Section 1202 Exclusion
Enter as a positive number any gain excluded under section
1202 on the sale or exchange of qualified small business
stock.
Line 6—Adjustments to Adjusted Gross Income
If you entered an amount on line 3 or line 4, you must refigure
certain income and deductions based on AGI. These include:
Schedule B—NOL Carryover
Complete and file this schedule to figure the NOL deduction
for each carryback year and the amount to be carried
forward, if not fully absorbed. Make the same entries in each
column heading as on page 1 of Form 1045 (see the
The special allowance for passive activity losses from
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rental real estate activities,
Taxable social security benefits,
IRA deductions,
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Excludable savings bond interest,
The exclusion of amounts received under an employer's
If an NOL is more than the modified taxable income for the
earliest year to which it is carried, you must file Schedule B to
figure the amount of the NOL to be carried to the next tax
year. The amount of the carryback is the excess, if any, of the
NOL carryback over the modified taxable income for that
earlier year. Modified taxable income is the amount figured
on line 9 of Schedule B.
adoption assistance program,
The student loan interest deduction, and
The tuition and fees deduction.
•
•
For purposes of figuring the adjustment to each of these
items, your AGI is increased by the total of the amounts on
line 3 and line 4. Don't take into account any NOL carryback
from 2023 or later.
If you carry two or more NOLs to a tax year, figure
your modified taxable income by deducting the NOLs
In most cases, figure the adjustment to each item of
income or deduction in the order listed above and, when
figuring the adjustment to each subsequent item, increase or
decrease AGI by the total adjustments you figured for the
previous items. However, a special rule applies if you
received social security benefits and deducted IRA
contributions. Use the worksheets in Pub. 590-A,
Contributions to Individual Retirement Arrangements (IRAs),
to refigure your taxable social security benefits and IRA
deductions under the special rule.
!
CAUTION
in the order in which they were incurred. First, deduct
the NOL from the earliest year, then the NOL from the next
earliest year, etc. After you deduct each NOL, there will be a
new, smaller, modified taxable income to compare to any
remaining NOL.
Line 1
For the second preceding year, enter on line 1 the amount of
the 2023 farming loss carried back to the year. For the first
preceding year, enter on line 1 the amount from line 10 of this
Schedule B for the second preceding year.
Enter on line 6 the total adjustments made to the listed
items. Attach a computation showing how you figured the
adjustments.
Line 2
Line 7—Adjustment to Itemized Deductions
Don't take into account on this line any NOL carryback from
2023 or later. However, do take into account NOLs that
occurred in tax years before 2023 and are otherwise
allowable as carrybacks or carryforwards.
Note. Miscellaneous itemized deductions are suspended for
tax years beginning after 2017 and before 2026. See section
67.
Note. If your taxable income is shown as zero on your tax
return (or as previously adjusted) for any carryback year,
-6-
Instructions for Form 1045 (2023)
Note. Overall limitation on itemized deductions is suspended
for tax years beginning after 2017 and before 2026. See
section 68.
For purposes of figuring casualty or theft losses, figure
MAGI by adding the total of the amounts from lines 3 through
6 of Form 1045, Schedule B, to the AGI previously used to
figure these losses.
Individuals. Skip this line if, for the applicable carryback
year:
Line 9—Modified Taxable Income
Combine lines 2 through 8. If zero or less, enter -0-.
You didn't itemize deductions; or
•
The amounts on Schedule B, lines 3 through 5, are zero.
•
Otherwise, complete lines 11 through 38 and enter on line 7
the amount from line 38 (or, if applicable, line 12 of the
Line 10—NOL Carryover
Generally, subtract line 9 from line 1. If zero or less, enter -0-.
Estates and trusts. Refigure the miscellaneous itemized
deductions shown (or as previously adjusted) on Form 1041
for the carryback year, and any casualty or theft losses
shown (or as previously adjusted) on Form 4684, Casualties
and Thefts, line 18, by substituting MAGI (see below) for the
AGI of the estate or trust.
Subtract the refigured deductions and losses from the
deductions and losses previously shown, and enter the
difference on line 7.
Modified AGI for estates and trusts. For purposes of
figuring miscellaneous itemized deductions subject to the 2%
limit, figure MAGI by adding the following amounts to the AGI
previously used to figure these deductions.
After completing all applicable columns, carry forward to
2024 the amount, if any, on line 10 of the column for the first
preceding tax year.
Line 20—Refigured Mortgage Insurance
Premiums
Mortgage insurance premiums that are paid or accrued
before 2022 may be deducted like qualified residence
interest. See section 163. For years prior to 2022, is your
MAGI from Form 1045, Schedule B, line 13, more than
$100,000 ($50,000 if married filing separately)?
Yes. Your deduction is limited. Refigure your deduction
using the Mortgage Insurance Premiums Deduction
Worksheet next.
The total of the amounts from lines 3 through 6 of Form
•
1045, Schedule B.
The exemption amount shown (or as previously adjusted)
•
No. Your deduction isn't limited. Enter the amount from
on Form 1041 for the carryback year.
line 19 on line 20 and enter -0- on line 21.
The income distribution deduction shown (or as previously
•
adjusted) on Form 1041 for the carryback year.
Keep for Your Records
Mortgage Insurance Premiums Deduction Worksheet—Line 20
See the instructions for line 20 to see if you must use this worksheet to refigure your deduction.
Before you begin:
1.
2.
3.
4.
Enter the total premiums you paid in the carryback year for mortgage insurance for a contract issued after 2006 . . . . . . . .
Enter the amount from Form 1045, Schedule B, line 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.
Enter $100,000 ($50,000 if married filing separately) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.
Is the amount on line 2 more than the amount on line 3?
1.
Your deduction isn't limited. Enter the amount from line 19 on line 20 of Form 1045,
Schedule B, and enter -0- on line 21. Don't complete the rest of this worksheet.
No.
Subtract line 3 from line 2. If the result isn't 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.
Yes.
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.
Multiply line 1 by line 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.
6.
7.
Refigured mortgage insurance premiums deduction. Subtract line 6 from line 1. Enter the result here and on Form
1045, Schedule B, line 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.
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Instructions for Form 1045 (2023)
Itemized Deductions Limitation Worksheet — See the instructions for line 38.
Note. Miscellaneous itemized deductions are suspended for tax years beginning after 2017 and before 2026. See section 67.
Note. Overall limitation on itemized deductions is suspended for tax years beginning after 2017 and before 2026. See section
68.
Enter applicable carryback year . . . . . . . . . . .
1.
Add the amounts from Form 1045, Schedule B, lines 17, 20,
26, and 31; plus the total of “Taxes You Paid,” “Interest You
Paid” except “Mortgage insurance premiums,” and “Other
Miscellaneous Deductions” deducted and included on the
Schedule A of your return(s) for the carryback year(s) or as
previously adjusted . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.
Add the amounts from Form 1045, Schedule B, lines 17 and
31 and any amount included on Form 1045, Schedule B,
line 26, that you elected to treat as qualified contributions for
relief efforts in a Midwestern disaster area; plus the amounts
of "Investment interest" and any gambling, casualty, and
theft losses deducted and included on the Schedule A of
your return(s) for the carryback year(s) or as previously
adjusted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.
Subtract line 2 from line 1. If the result is zero or less, stop
here; combine the amounts from Form 1045, Schedule B,
lines 18, 21, 27, and 32, and enter the result on line 38 and
line 7 of Form 1045, Schedule B . . . . . . . . . . . . . . . . . . .
4.
5.
Multiply line 3 by 80% (0.80) . . . . . . . . . . . . . . . . . . . . . .
Enter the amount from Form 1045, Schedule B,
line 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.
Enter (for years before 2018):
$309,900 for joint filers and qualifying
•
surviving spouse; $284,050 for head of
household; $258,250 for unmarried (and
neither head of household nor qualifying
surviving spouse); and $154,950 for
married filing separately for 2015;
$311,300 for joint filers and qualifying
•
surviving spouse; $285,350 for head of
household; $259,400 for unmarried (and
neither head of household nor qualifying
surviving spouse); and $155,650 for
married filing separately for 2016; or
$313,800 for joint filers and qualifying
•
surviving spouse; $287,650 for head of
household; $261,500 for unmarried (and
neither head of household nor qualifying
surviving spouse); and $156,900 for
married filing separately for 2017.
7.
Subtract line 6 from line 5 . . . . . . . . . . . . . . . . . . . . . . . .
Multiply line 7 by 3% (0.03) . . . . . . . . . . . . . . . . . . . . . . .
Enter the smaller of line 4 or line 8 . . . . . . . . . . . . . . . . .
8.
9.
10.
Total Itemized Deductions entered on your Schedule A for
the carryback year or as previously adjusted . . . . . . . . . .
11.
12.
Subtract line 9 from line 1 . . . . . . . . . . . . . . . . . . . . . . .
Subtract line 11 from line 10. Enter the difference here and
on line 7 of Form 1045, Schedule B . . . . . . . . . . . . . . . . .
If you can't use the amount from line 24 as your AGI, figure
your AGI as follows.
1. Figure the adjustment to each item of income or
deduction in the same manner as explained in the
instructions for line 6 of Schedule B, except don't take into
account any NOL carryback when figuring AGI. Attach a
computation showing how you figured the adjustments.
Line 26—Refigured Charitable Contributions
Refigure your charitable contributions using line 24 as your
AGI unless, for any preceding tax year:
You entered an amount other than zero on line 23; and
You had any items of income or deductions based on AGI,
•
•
which are listed in the instructions for line 6 of Schedule B.
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Instructions for Form 1045 (2023)
2. Add lines 3, 4, 5, 11, and 23 of Schedule B to the total
adjustments you figured in (1) above. Use the result as your
AGI to refigure charitable contributions.
Generally, tax returns and return information are
confidential, as stated in section 6103. However, section
6103 allows or requires the Internal Revenue Service to
disclose or give the information shown on your tax return to
others as described in the Internal Revenue Code. For
example, we may disclose your tax information to the
Department of Justice, to enforce the tax laws, both civil and
criminal, and to cities, states, the District of Columbia, and
U.S. commonwealths or territories to carry out their tax laws.
We may disclose your tax information to the Department of
Treasury and contractors for tax administration purposes;
and to other persons as necessary to obtain information
which we cannot get in any other way in order to figure the
amount of or to collect the tax you owe. We may disclose
your tax information to the Comptroller General of the United
States to permit the Comptroller General to review the
Internal Revenue Service. We may disclose your tax
information to Committees of Congress; federal, state, and
local child support agencies; and to other federal agencies
for the purposes of determining entitlement for benefits or the
eligibility for and the repayment of loans. We may also
disclose this information to other countries under a tax treaty,
to federal and state agencies to enforce federal nontax
criminal laws, or to federal law enforcement and intelligence
agencies to combat terrorism.
For NOL carryover purposes, you must reduce any
charitable contributions carryover to the extent that the NOL
carryover on line 10 is increased by any adjustment to
charitable contributions.
Line 38
line 22 of Schedule B for any carryback year is more than the
following.
$309,900 for joint filers and qualifying surviving spouse;
•
$284,050 for head of household; $258,250 for unmarried
(and neither head of household nor qualifying surviving
spouse); and $154,950 for married filing separately for 2015.
$311,300 for joint filers and qualifying surviving spouse;
•
$285,350 for head of household; $259,400 for unmarried
(and neither head of household nor qualifying surviving
spouse); and $155,650 for married filing separately for 2016.
$313,800 for joint filers and qualifying surviving spouse;
•
$287,650 for head of household; $261,500 for unmarried
(and neither head of household nor qualifying surviving
spouse); and $156,900 for married filing separately for 2017.
Only complete a column for each year that meets the
The time needed to complete and file this form will vary
depending on individual circumstances. The estimated
burden for individual taxpayers filing this form is approved
under OMB control number 1545-0074 and is included in the
estimates shown in the instructions for their individual income
tax return. The estimated burden for all other taxpayers who
file this form is shown below.
above requirements.
Note. The itemized deduction limitation applies only to years
after 2012 and before 2018. For taxable years beginning after
2017 and before 2026, the overall limitation on itemized
deductions does not apply.
Disclosure, Privacy Act, and Paperwork Reduction Act
Notice. We ask for the information on this form to carry out
the Internal Revenue laws of the United States. You may use
Form 1045 to apply under section 6411 for a quick refund of
tax for a prior year affected by certain carrybacks. You are not
required to apply for this quick refund; however, if you do, you
are required to give us the requested information. We need it
to ensure that you are complying with these laws and to allow
us to figure and collect the right amount of tax. Section 6109
requires that you disclose your identification number. If you
do not provide the information requested, we may be unable
to process this application. Providing false or fraudulent
information may subject you to penalties.
You are not required to provide the information requested
on a form that is subject to the Paperwork Reduction Act
unless the form displays a valid OMB control number. Books
or records relating to a form or its instructions must be
retained as long as their contents may become material in the
administration of any Internal Revenue law.
Recordkeeping
Learning about the law or the form
Preparing the form
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9 hr., 18 min.
6 hr., 55 min.
7 hr., 12 min.
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Copying, assembling, and sending the
form to the IRS
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1 hr., 03 min.
If you have comments concerning the accuracy of these
time estimates or suggestions for making this form simpler,
we would be happy to hear from you. You can send us
the Internal Revenue Service, Tax Forms and Publications
Division, 1111 Constitution Ave. NW, IR-6526, Washington,
DC 20224. Don't send the form to this office.
-9-
Instructions for Form 1045 (2023)