Small Business Deductions: Business Losses vs NOLs
How to Claim a Net Operating Loss Refund
You may use either Form 1045 or
Form 1040X to claim an NOL refund.
Form 1045:
- You can use Form 1045 to apply an NOL to all carryback years.
- You'll get a faster refund using Form 1045 (usually within 90 days).
- You must file Form 1045 no later than one year after the NOL year.
Example:
- You have an NOL for 2011 (the NOL year).
- You're a calendar year taxpayer (Jan. 1 thru Dec 31)
- You must file Form 1045 no later than December 31, 2012.
Do not file Form 1045 with your original Form 1040. File Form 1045 separately and attach it to a copy of Form 1040.
Form 1040X:
- You must use a separate Form 1040X to amend each carryback year to which you apply an NOL.
- It takes longer to get a refund than if you use Form 1045.
- You have more time to file it than Form 1045.
- You must file Form 1040X within threes years after the due date, including extensions, for filing Form 1040 for the NOL year.
Example:
- You have an NOL for 2008 (the NOL year).
- You're a calendar year taxpayer.
- Your Form 1040 is due April 15, 2009.
- You carry the NOL back to 2006 (two years prior to the NOL year
2008).
- You must file Form 1040X no later than April 16, 2012 (the third year after the April 15, 2009 due date, plus extensions, if applicable).
April 15, 2012 is on a Sunday.
- Attach a computation of your NOL to Form 1040X using Schedule A of Form 1045 and Schedule B for NOL carryovers, if applicable.
Next:
Business Losses and Net Operating Losses:
Example of Net Operating Loss Computation
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