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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 income (QBI), nor 250 foreign-derived intangible income
otherwise noted. (FDII)/global intangible low-taxed income (GILTI), over
(II) the aggregate amount of NOLs arising in tax years
Future Developments beginning before 2018, carried to the tax year.
For the latest information about developments related to
Form 1045 and its instructions, such as legislation enacted General Instructions
after they were published, go to IRS.gov/Form1045.
Purpose of Form
Reminders
Individuals, estates, and trusts use Form 1045 to apply for a
Limitation on excess business losses of noncorporate quick tax refund resulting from:
taxpayers. Public Law 117-169, August 16, 2022, amended • The carryback of an NOL,
section 461(l) to provide that the disallowance of excess • The carryback of an unused general business credit,
business losses is effective for tax years beginning after 2020 • The carryback of a net section 1256 contracts loss, or
and before 2029. See Form 461 and its instructions for • An overpayment of tax due to a claim of right adjustment
details. under section 1341(b)(1).
Child tax credit (CTC) and advanced payments. Public Tax-exempt trusts claiming a refund of taxes reported
Law 117-2, March 11, 2021, amended section 24 and added ! on Form 990-T should refer to the Instructions for
section 7527A to provide: CAUTION Form 990-T for information on how to claim the
1. a refundable child tax credit for 2021, refund.

2. a program of advanced payments of the credit during Carrying back an NOL to an earlier tax year may
2021 to expected recipients, ! create an alternative minimum tax (AMT) liability for
3. a method of reducing the credit allowable for 2021 by CAUTION that earlier year. This may be true even if there was
amount(s) of advanced payment(s) received during 2021, no AMT liability on the tax return filed for that earlier year.
and
4. an increase in recipient’s 2021 tax equal to any excess Carrying back an NOL to tax year 2021 may create
advanced payments received in 2021. ! an excess advance child tax credit (CTC) payment,
CAUTION based on the refigured adjusted gross income (AGI)
For carryback year 2021, include any excess advance and Modified AGI (MAGI). With the NOL reduction in MAGI,
payments of the child tax credit on Form 1045, Computation however, repayment protection under section 24(j) may
of Decrease in Tax, line 17, and include the child tax credits reduce the amount of tax you owe, based on certain income
on Form 1045, Computation of Decrease in Tax, line 21. See thresholds. See the 2021 Instructions for Schedule 8812
the 2021 Instructions for Schedule 8812 (Form 1040) for (Form 1040) for more details.
information regarding calculating/recalculating the credits
and any excess advanced payments for the “before Individuals, estates, and trusts that carry NOLs back
carryback” and “after carryback” columns and the effect of ! to years in which they have a section 965(a) inclusion
carrying back other tax items to 2021. CAUTION ("965 year") may not use this form. You must use an
Net operating loss (NOL) carrybacks and carryovers. amended return to carry back to such years.
Generally, an NOL, occurring in 2023, can be carried back 2
years only by some farmers and some insurance companies. Election to waive carryback. A taxpayer may elect to
See section 172 and Publication 536 for details. waive carrybacks. See section 172 and Pub. 536 for details.

NOL deduction limitation. Definitions
NOL deduction for tax years beginning before 2021
equals the sum of the NOL carryovers and carrybacks to the Section 1256 contract. Section 1256 provides that each
year. section 1256 contract held by the taxpayer at the close of the
NOL deduction for tax years beginning after 2020 equals tax year is treated as sold for its fair market value on the last
the sum of: business day of the tax year (and any gain or loss is taken
into account for the tax year) and proper adjustment is made
(A) the sum of NOLs arising in tax years beginning before in the amount of any gain or loss later realized for gain or loss
2018, carried to the tax year, plus previously taken into account.
(B) the lesser of
(i) the sum of NOLs arising in tax years beginning after The “section 1256 contract” includes:
2017, carried to the tax year, or • any regulated futures contract,
(ii) 80% of the excess (if any) of • any foreign currency contract,
(I) taxable income computed without the deductions • any nonequity option,
under sections 172 (NOL), 199A qualified business • any dealer equity option, and
• any dealer securities futures contract.

Oct 17, 2023 Cat. No. 13666W

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Farming business. A farming business includes the trade Also attach to Form 1045 copies of all forms or schedules
or business of farming. This includes a cattle operation, or for items refigured in the carryback years, such as Form
the raising or harvesting of trees bearing fruit, nuts, or other 3800; Form 6251 (original and revised for each gain year);
crops, or ornamental trees, such as evergreen trees, if they Schedule 8812 (Form 1040), and/or worksheets; Form 6781;
are cut within the first 6 years. For more information, see the Form 8960; Form 8962; and Form 8995 and/or Form 8995-A.
Instructions for Schedule F (Form 1040). Estates and Trusts, attach copies of Form 1041 with
Farming loss. A farming loss is the smaller of: accompanying schedules, and any forms, computation
• The amount that would be the NOL for the tax year if only sheets, and elections outlined above, if applicable.
income and deductions from farming businesses (as defined You must attach copies of all required forms listed
in section 263A(e)(4)) were taken into account, or ! above and complete all lines on Form 1045 that apply
• The NOL for the tax year. 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
Processing the Application
of the year in which an NOL, unused credit, net section 1256
contracts loss, or claim of right adjustment arose. The IRS will process your application within 90 days from the
later of:
If you were affected by a federally declared disaster, you • The date you file the complete application, or
may have additional time to file your Form 1045. For more • The last day of the month that includes the due date
information, go to IRS.gov/DisasterTaxRelief. (including extensions) for filing your 2023 income tax return
Do not file your 2023 Form 1045 before you file your (or, for a claim of right adjustment, the date of the
overpayment under section 1341(b)(1)).
! 2023 income tax return.
CAUTION The processing of Form 1045 and the payment of the
requested refund doesn't mean the IRS has accepted your
Where To File application as correct. If the IRS later determines that the
File Form 1045 with the Internal Revenue Service Center for claimed deductions or credits are due to an overstatement of
the place where you live as shown in the instructions for your the value of property, negligence, disregard of rules, or
2023 income tax return. substantial understatement of income tax, you may have to
Don't include Form 1045 in the same envelope as pay penalties. Any additional tax will also generate interest
compounded daily.
! your 2023 income tax return.
CAUTION The IRS may need to contact you or your authorized
representative (for example, your accountant or tax return
What To Attach preparer) for more information so we can process your
Attach copies of the following, if applicable, to Form 1045 for application. If you want to designate a representative for us to
the year of the loss or credit. contact, attach a copy of your authorization to Form 1045. For
• If you are an individual, your 2023 Form 1040, or pages 1 this purpose, you can use Form 2848, Power of Attorney and
through 3 of your 2023 Form 1040-SR, and Schedules 1 Declaration of Representative.
through 3, and A, D, F, and J (Form 1040), if applicable.
• Any Form 4952, Investment Interest Expense Deduction, Disallowance of the Application
attached to your 2023 income tax return. Your application isn't treated as a claim for credit or refund. It
• Form 461, Limitation on Business Losses. may be disallowed if it has material omissions or math errors
• All Schedules K-1, K-2, and K-3 you received from that aren't corrected within the 90-day period. If the
partnerships, S corporations, estates, or trusts that contribute application is disallowed in whole or in part, no suit
to the carryback. challenging the disallowance can be brought in any court.
• Any application for extension of time to file your 2023 However, you can file a regular claim for credit or refund
income tax return. before the limitation period expires, as explained later under
• All Forms 8886, Reportable Transaction Disclosure Form 1040-X or Other Amended Return.
Statement, attached to your 2023 income tax return.
• Forms 8302, Electronic Deposit of Tax Refund of $1 Million Excessive Allowances
or More. Any amount applied, credited, or refunded based on this
• Alternative Minimum Tax Net Operating Loss (AMTNOL) or application that the IRS later determines to be excessive may
Alternative Tax Net Operating Loss Deduction (ATNOLD) be billed as if it were due to a math or clerical error on the
calculation. return.
• Form 6251, Alternative Minimum Tax—Individuals, for
each loss year. Form 1040-X or Other Amended
• Any detailed allocation schedules for a filing status change
or for different spouses between the gain and loss years; see Return
Pub. 536. Individuals can claim a refund by filing Form 1040-X,
• Any applicable election statement. Amended U.S. Individual Income Tax Return, instead of Form
• All other forms and schedules from which a carryback 1045. An estate or trust can file an amended Form 1041, U.S.
results, such as Schedule C (Form 1040); Form 3800, Income Tax Return for Estates and Trusts.
General Business Credit; Form 6478, Biofuel Producer If you use Form 1040-X or other amended return, follow
Credit; Form 6781, Gains and Losses From Section 1256 the instructions for that return. Attach to the amended return
Contracts and Straddles; or Form 3468, Investment Credit. 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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1045 showing the computation of the NOL carryover. 1045 to carry the released general business credits to earlier
Complete a separate Form 1040-X or other amended return years. Instead, you must file Form 1040-X or other amended
for each year for which you request an adjustment. 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
• Any items to a section 965 year,
• A prior year foreign tax credit released due to an NOL or Decrease in Tax
net capital loss carryback, or Figure the amount of decrease, from the carryback, in tax
• A prior year general business credit released because of previously figured for each tax year before the tax year of the
the release of the foreign tax credit. NOL, net capital loss, or unused credit. The tax previously
See Form 1040-X and its instructions for more information. figured will be the tax shown on the return as filed, increased
by any amounts assessed (or collected without assessment)
Additional Information as deficiencies before the date of the filing of the application
for a tentative carryback adjustment, and decreased by any
For more details on NOLs, see Pub. 536.
amounts abated, credited, refunded, or otherwise repaid
prior to that date.
Specific Instructions For purposes of the tentative carryback adjustment, any
items over which you and the IRS are in disagreement at the
Address time of the filing of the application shall be taken into account
P.O. box. Enter your box number only if your post office in figuring the tax previously figured only if, and to the extent
doesn't deliver mail to your street address. that, they were reported on the return or were reflected,
before the date of filing the application, in any amounts
Foreign address. If you have a foreign address, enter the assessed (or collected without assessment) as deficiencies
city name on the appropriate line. Don't enter any other or abated, credited, refunded, or otherwise repaid.
information on that line, but also complete the spaces below
that line. Don't abbreviate the country name. Follow the After figuring the tax previously determined, figure the
country's practice for entering the postal code and the name decrease in tax previously determined caused by the
of the province, county, or state. carryback and any related adjustments on the basis of the
items of tax taken into account in figuring the tax previously
Line 1b—Unused General Business determined. In figuring any decrease caused by the
carryback or any related adjustment, items must be taken
Credit into account only to the extent that they were reported on the
If you claim a tentative refund based on the carryback of an return, or were reflected, before the date of filing the
unused general business credit, attach a detailed application for a tentative carryback adjustment, in amounts
computation showing how you figured the credit carryback assessed (or collected without assessment) as deficiencies
and a recomputation of the credit after you apply the or abated, credited, refunded, or otherwise repaid.
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
If you filed a joint return (or separate return) for some but figuring the decrease in the tax previously figured, that you
not all of the tax years involved in figuring the unused credit reported the item correctly unless, and to the extent that, the
carryback, special rules apply to figure the carryback. See disagreement has resulted in the assessment of a deficiency
the Instructions for Form 3800. (or the collection of an amount without an assessment) or the
allowing or making of an abatement, credit, refund, or other
Line 1c—Net Section 1256 Contracts repayment, before the date of filing the application.
Loss Use one pair of columns to enter amounts before and after
An individual can elect to carry back a net section 1256 carryback for each year to which the loss or credit is being
contracts loss to each of the 3 tax years preceding the loss carried. Start with the earliest carryback year. A net section
year. An estate or trust isn’t eligible to make this election. To 1256 contracts loss can be carried back 3 years. See the
make the election, check box D at the top of Form 6781. The instructions for line 10, later, to figure the tax years to which
amount that can be used in any prior tax year can’t exceed you can carry an NOL. Use the remaining pairs of columns
the net section 1256 contract gain in that year and can’t for each consecutive preceding tax year until the loss is fully
increase or create an NOL for that year. Reflect the carryback absorbed. Enter the ordinal number of years the loss is being
as a reduction to your adjusted gross income in the “After carried back and the date the carryback year ends in the
carryback” column on line 11. Attach to Form 1045 a copy of spaces provided in the headings above line 10 for each pair
Form 6781 and Schedule D (Form 1040) for the year of the of columns.
net section 1256 contracts loss, as well as an amended Form
Example. Your tax year is the 2023 calendar year and
6781 and an amended Schedule D (Form 1040) for each
you are carrying a farming loss back 2 years. You enter “2nd”
carryback year. For more details, see section 1212(c).
and “12/31/2021” in the left column heading in the spaces
Line 9 provided. The column heading now reads “2nd preceding tax
year ended 12/31/2021.” In the middle pair of columns, you
If an NOL or net section 1256 contracts loss carryback enter “1st” and “12/31/2022.” The column heading now reads
eliminates or reduces a prior year foreign tax credit, you can’t “1st preceding tax year ended 12/31/2022.”
use Form 1045 to carry the released foreign tax credits to
earlier years. Also, if the released foreign tax credits result in For each carryback year, enter in the column labeled
the release of general business credits, you can’t use Form “Before carryback” the amounts for the carryback year as

Instructions for Form 1045 (2023) -3-

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shown on your original or amended return. If the amounts After carryback. If you itemized deductions in the
were previously adjusted by you or the IRS, enter the carryback year, enter in the column labeled “After carryback”
amounts after adjustment. the total of your deductions after refiguring any that are based
on, or limited to a percentage of, your AGI. To refigure your
Line 10—NOL Deduction After deductions, use your refigured AGI (Form 1045, line 11, using
Carryback the “After carryback” column).
Use the following rules to figure the tax years to which you Don't refigure your charitable contributions
must carry an NOL shown on Schedule A, line 24. If an NOL ! deduction.
isn’t fully absorbed in a year to which it is carried, complete CAUTION
Schedule B to figure the amount to carry to the next If you have an NOL, see Pub. 536 for more information
carryback year. and examples.
General rule. Generally, only an NOL from some farming If you didn't itemize deductions in the carryback year,
losses and an NOL of some insurance companies can be enter your standard deduction for that year.
carried back 2 years. See section 172 and Publication 536 for
details. Line 14—Exemptions
Farming losses. To the extent the NOL is a farming loss Individuals. For 2018 through 2025, individuals’ personal
(defined earlier), the carryback period is 2 years. Any such exemption amounts are zero.
loss not absorbed in the 2 preceding tax years can be carried Estates and trusts. Enter in the columns labeled “Before
forward to each tax year following the tax year of loss. The carryback” and “After carryback” for each applicable
loss deduction entered on line 10 is the amount allowed for carryback year the amount shown (or as previously adjusted)
each year. on Form 1041, line 21, for 2020, 2021, and 2022.
The portion of any NOL not applied in the 2 preceding tax
years can be carried forward to tax years succeeding the loss Line 16—Income Tax
year until it is fully absorbed. Use your refigured taxable income (Form 1045, line 15, using
Example. You operate a farming business and incur an the “After carryback” column) to refigure your tax for each
NOL of $50,000 for 2023. $35,000 of the NOL is from income carryback year. Include any tax from Form 4970, Tax on
and deductions of your farming business; $15,000 is from Accumulation Distribution of Trusts, and Form 4972, Tax on
another business. The $35,000 farming loss is carried back 2 Lump-Sum Distributions. Attach any schedule used to figure
years to 2021; the remainder of the loss (nonfarm loss) isn't your tax or an explanation of the method used to figure the
eligible for carryback and must be carried forward. tax and, if necessary, a detailed computation.
Special rules. Special rules apply if you filed a joint return For example, write “Tax Computation Worksheet—2020” if
(or a separate return) for some but not all of the tax years this is the method used for that year. You don't need to attach
involved in figuring an NOL carryback. For details, see Pub. a detailed computation of the tax in this case.
536. Attach a computation showing how you figured the
carryback. Line 17—Excess Advance Premium
Line 11—Adjusted Gross Income Tax Credit Repayment/Excess
Enter in the column labeled “Before carryback” your adjusted Advance Child Tax Credit Repayment
gross income (AGI) for the carryback year as shown on your Use the Form 8962 and Instructions for Form 8962, Premium
original or amended return. Tax Credit (PTC), for your carryback year(s) to figure/refigure
the amount of your premium tax credit (PTC), advance
Enter in the column labeled “After carryback” your AGI
payment of the premium tax credit (APTC), and excess
refigured after you apply the NOL, or net section 1256
APTC, for the “before carryback” and “after carryback”
contracts loss carryback, and after you refigure any items of
columns. Include any excess APTC on line 17 for both the
income, credits, and deductions that are based on, or limited
“before carryback” and “after carryback” columns.
to, a percentage of your AGI. Amounts to refigure may
include: For carryback year 2021, include any excess advance
• The special allowance for passive activity losses from payments of the child tax credit on line 17 for both the “before
rental real estate activities, carryback” and “after carryback” columns. See the 2021
• Taxable social security benefits, Instructions for Schedule 8812 (Form 1040) for information
• IRA deductions, regarding calculating/recalculating the credit, advance
• The student loan interest deduction, payments, any excess advance payments, and the effect of
• The tuition and fees deduction, carrying back other tax items to 2021.
• The child tax credit,
• Excludable savings bond interest, and Line 18—Alternative Minimum Tax
• The exclusion of amounts received under an employer's The carryback of an NOL or net section 1256 contracts loss
adoption assistance program. may affect or cause you to owe AMT. Individuals use Form
6251 to figure this tax. Estates and trusts use Schedule I
Line 12—Deductions (Form 1041).
Individuals. Include in the “before carryback” column for See the AMT instructions for the carryback year.
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.

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Line 20—General Business Credit Line 33—Overpayment of Tax Under
Enter in the column labeled “After carryback” for each Section 1341(b)(1)
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,
If an NOL or net section 1256 contracts loss carryback attach a computation showing the information required by
eliminates or reduces a general business credit in an earlier Regulations section 5.6411-1(d).
year, you may be able to carry back the released credit 1
year. See section 39 and the Instructions for Form 3800 for Signature
more details on general business credit carrybacks. Individuals. Sign and date Form 1045. If Form 1045 is filed
Line 21—Net Premium Tax Credit and jointly, both spouses must sign.
Estates. All executors or administrators must sign and date
Child Tax Credit Form 1045.
If you claimed a premium tax credit in the carryback year,
complete a new Form 8962 using your refigured household Trusts. The fiduciary or an authorized representative must
income. Enter your refigured premium tax credit in the sign and date Form 1045.
column labeled “After carryback” for the carryback year.
Schedule A—NOL
Include the child tax credits on line 21. See the return and Complete and file this schedule to figure the amount of the
instructions for your carryback year(s) to figure/refigure the NOL that is available for carryback or carryforward.
before-carryback and after-carryback child tax credits for the
carryback year(s). Line 1
Note. Editions of Form 1045 before the 2022 Form 1045 For individuals, subtract your standard deduction or itemized
instructed taxpayers to include the child tax credit on line 22. deductions from your AGI and enter it here.
For the 2023 Form 1045, do not include the child tax credits Estates and trusts should see the Instructions for Form
on line 22. 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
Don't include on this line any section 1202 exclusion amounts
credits such as the earned income credit, credit for child and
(even if entered as a loss on Schedule D (Form 1041)).
dependent care expenses, education credits, foreign tax
credit, retirement savings contributions credit, etc., that will Line 6—Nonbusiness Deductions
apply in that year. If you make an entry on this line, identify
the credit(s) claimed. 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 • IRA deductions;
that are based on or limited by your AGI, modified AGI • Health savings account deduction;
(MAGI), or tax liability. Use your refigured AGI, MAGI, or tax • Archer MSA deduction;
liability to refigure your credits for each carryback year. • Deductions for payments on behalf of a self-employed
individual to a SEP, SIMPLE, or qualified plan;
Line 25— • Alimony paid;
Self-Employment Tax • Most itemized deductions (except for casualty and theft
losses resulting from a federally declared disaster and state
Don't adjust self-employment tax because of any carryback.
income tax on trade or business income); and
Line 26—Additional Medicare Tax • Standard deduction.
Don't adjust Additional Medicare Tax because of any Don't include on line 6 any business deductions. These
carryback. are deductions that are connected with a trade or business.
They include:
Line 27—Net Investment Income Tax State income tax on income from a trade or business
•
(NIIT) (including wages, salary, and unemployment compensation);
Enter in the column labeled “After carryback” for each • Educator expenses;
affected carryback year any refigured NIIT using Form 8960 • Moving expenses for members of the Armed Forces;
for the applicable carryback year. See section 1411 and the • The deduction for the deductible part of self-employment
related regulations for information on the use of an NOL for health insurance and the deduction for the deductible part of
NIIT purposes. self-employment tax;
• Rental losses;
Line 29—Other Taxes • Loss on the sale or exchange of business real estate or
See your tax return for the carryback year for any other taxes depreciable property;
not mentioned above, such as recapture taxes, tax on an • Your share of a business loss from a partnership or an S
IRA, etc., that will apply in that year. If you make an entry on corporation;
this line, identify the taxes that apply. • Ordinary loss on the sale or exchange of section 1244
(small business) stock;
• Ordinary loss on the sale or exchange of stock in a small
business investment company operating under the Small
Business Investment Act of 1958;

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• Loss from the sale of accounts receivable if such accounts refigure it without limiting the result to zero and enter it on
arose under the accrual method of accounting; and line 2 as a negative number.
• If you itemized your deductions, casualty or theft losses
resulting from a federally declared disaster. Line 3—Net Capital Loss Deduction
Individuals. Enter as a positive number the amount, if any,
Line 7—Nonbusiness Income Other Than
shown (or as previously adjusted) on Schedule D (Form
Capital Gains 1040), line 21.
Enter income that isn't from a trade or business. Examples
Estates and trusts. Enter as a positive number the amount,
are ordinary dividends, annuities, and interest on
if any, shown (or as previously adjusted) on Schedule D
investments.
(Form 1041), line 16.
Don't enter business income on line 7. This is income from
a trade or business and includes: Line 4—Section 1202 Exclusion
• Salaries and wages, Enter as a positive number any gain excluded under section
• Self-employment income, 1202 on the sale or exchange of qualified small business
• Unemployment compensation, stock.
• Rental income,
• Gain on the sale or exchange of business real estate or Line 5—Section 199A Deductions
depreciable property, and Enter as a positive number the amount of any qualified
• Your share of business income from a partnership or an S business income deduction under section 199A(a) and
corporation. domestic production activities deduction allocated from
specified agricultural or horticultural cooperatives under
For more details on business and nonbusiness income section 199A(g) claimed on your return for tax years
and deductions, see Pub. 536. beginning after December 31, 2017. See the Instructions for
Form 8995 and Form 8995-A for guidance on figuring QBI
Line 17—Section 1202 Exclusion and the deductible amount based on threshold income
Enter as a positive number any gain excluded under section levels.
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
Schedule B—NOL Carryover
certain income and deductions based on AGI. These include:
Complete and file this schedule to figure the NOL deduction • The special allowance for passive activity losses from
for each carryback year and the amount to be carried rental real estate activities,
forward, if not fully absorbed. Make the same entries in each • Taxable social security benefits,
column heading as on page 1 of Form 1045 (see the • IRA deductions,
instructions for Lines 10 Through 32, earlier). • Excludable savings bond interest,
If an NOL is more than the modified taxable income for the • The exclusion of amounts received under an employer's
earliest year to which it is carried, you must file Schedule B to adoption assistance program,
figure the amount of the NOL to be carried to the next tax • The student loan interest deduction, and
year. The amount of the carryback is the excess, if any, of the • The tuition and fees deduction.
NOL carryback over the modified taxable income for that For purposes of figuring the adjustment to each of these
earlier year. Modified taxable income is the amount figured items, your AGI is increased by the total of the amounts on
on line 9 of Schedule B. line 3 and line 4. Don't take into account any NOL carryback
If you carry two or more NOLs to a tax year, figure from 2023 or later.
! your modified taxable income by deducting the NOLs In most cases, figure the adjustment to each item of
CAUTION in the order in which they were incurred. First, deduct income or deduction in the order listed above and, when
the NOL from the earliest year, then the NOL from the next figuring the adjustment to each subsequent item, increase or
earliest year, etc. After you deduct each NOL, there will be a decrease AGI by the total adjustments you figured for the
new, smaller, modified taxable income to compare to any previous items. However, a special rule applies if you
remaining NOL. received social security benefits and deducted IRA
contributions. Use the worksheets in Pub. 590-A,
Line 1 Contributions to Individual Retirement Arrangements (IRAs),
For the second preceding year, enter on line 1 the amount of to refigure your taxable social security benefits and IRA
the 2023 farming loss carried back to the year. For the first deductions under the special rule.
preceding year, enter on line 1 the amount from line 10 of this Enter on line 6 the total adjustments made to the listed
Schedule B for the second preceding year. items. Attach a computation showing how you figured the
adjustments.
Line 2
Don't take into account on this line any NOL carryback from Line 7—Adjustment to Itemized Deductions
2023 or later. However, do take into account NOLs that Note. Miscellaneous itemized deductions are suspended for
occurred in tax years before 2023 and are otherwise tax years beginning after 2017 and before 2026. See section
allowable as carrybacks or carryforwards. 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)

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Note. Overall limitation on itemized deductions is suspended     For purposes of figuring casualty or theft losses, figure 
for tax years beginning after 2017 and before 2026. See          MAGI by adding the total of the amounts from lines 3 through 
section 68.                                                      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
• You didn't itemize deductions; or
• The amounts on Schedule B, lines 3 through 5, are zero.        Combine lines 2 through 8. If zero or less, enter -0-.
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
Itemized Deductions Limitation Worksheet).                       Generally, subtract line 9 from line 1. If zero or less, enter -0-.
Estates and trusts.   Refigure the miscellaneous itemized        After completing all applicable columns, carry forward to 
deductions shown (or as previously adjusted) on Form 1041        2024 the amount, if any, on line 10 of the column for the first 
for the carryback year, and any casualty or theft losses         preceding tax year.
shown (or as previously adjusted) on Form 4684, Casualties 
and Thefts, line 18, by substituting MAGI (see below) for the    Line 20—Refigured Mortgage Insurance 
AGI of the estate or trust.                                      Premiums
  Subtract the refigured deductions and losses from the          Mortgage insurance premiums that are paid or accrued 
deductions and losses previously shown, and enter the            before 2022 may be deducted like qualified residence 
difference on line 7.                                            interest. See section 163. For years prior to 2022, is your 
  Modified AGI for estates and trusts. For purposes of           MAGI from Form 1045, Schedule B, line 13, more than 
figuring miscellaneous itemized deductions subject to the 2%     $100,000 ($50,000 if married filing separately)?
limit, figure MAGI by adding the following amounts to the AGI 
previously used to figure these deductions.                       Yes. Your deduction is limited. Refigure your deduction 
• The total of the amounts from lines 3 through 6 of Form        using the Mortgage Insurance Premiums Deduction 
1045, Schedule B.                                                Worksheet next.
• The exemption amount shown (or as previously adjusted) 
on Form 1041 for the carryback year.                              No. Your deduction isn't limited. Enter the amount from 
• The income distribution deduction shown (or as previously      line 19 on line 20 and enter -0- on line 21.
adjusted) on Form 1041 for the carryback year.

Mortgage Insurance Premiums Deduction Worksheet—Line 20                                                                                 Keep for Your Records
Before you begin:            See the instructions for line 20 to see if you must use this worksheet to refigure your deduction.
1. Enter the total premiums you paid in the carryback year for mortgage insurance for a contract issued after 2006 . . . . . . . .                                           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 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.
       Yes.  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.  
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 mortgage insurance premiums deduction. Subtract line 6 from line 1. Enter the result here and on Form 
   1045, Schedule B, line 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           7.  

Instructions for Form 1045 (2023)                             -7-

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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.    Multiply line 3 by 80% (0.80) . . . . . . . . . . . . . . . . . . . . . .
5.    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 . . . . . . . . . . . . . . . . . . . . . . . .
8.    Multiply line 7 by 3% (0.03) . . . . . . . . . . . . . . . . . . . . . . .
9.    Enter the smaller of line 4 or line 8 . . . . . . . . . . . . . . . . .
10.   Total Itemized Deductions entered on your Schedule A for 
      the carryback year or as previously adjusted   . . . . . . . . . .
11.   Subtract line 9 from line 1 . . . . . . . . . . . . . . . . . . . . . . .
12.   Subtract line 11 from line 10. Enter the difference here and 
      on line 7 of Form 1045, Schedule B . . . . . . . . . . . . . . . . .

Line 26—Refigured Charitable Contributions                                                 If you can't use the amount from line 24 as your AGI, figure 
Refigure your charitable contributions using line 24 as your                               your AGI as follows.
AGI unless, for any preceding tax year:                                                    1. Figure the adjustment to each item of income or 
• You entered an amount other than zero on line 23; and                                    deduction in the same manner as explained in the 
• You had any items of income or deductions based on AGI,                                  instructions for line 6 of Schedule B, except don't take into 
which are listed in the instructions for line 6 of Schedule B.                             account any NOL carryback when figuring AGI. Attach a 
                                                                                           computation showing how you figured the adjustments.

                                                                                       -8-                     Instructions for Form 1045 (2023)

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2. Add lines 3, 4, 5, 11, and 23 of Schedule B to the total Generally, tax returns and return information are
adjustments you figured in (1) above. Use the result as your confidential, as stated in section 6103. However, section
AGI to refigure charitable contributions. 6103 allows or requires the Internal Revenue Service to
disclose or give the information shown on your tax return to
For NOL carryover purposes, you must reduce any others as described in the Internal Revenue Code. For
charitable contributions carryover to the extent that the NOL example, we may disclose your tax information to the
carryover on line 10 is increased by any adjustment to Department of Justice, to enforce the tax laws, both civil and
charitable contributions. criminal, and to cities, states, the District of Columbia, and
U.S. commonwealths or territories to carry out their tax laws.
Line 38
We may disclose your tax information to the Department of
Complete the Itemized Deductions Limitation Worksheet if Treasury and contractors for tax administration purposes;
line 22 of Schedule B for any carryback year is more than the and to other persons as necessary to obtain information
following. which we cannot get in any other way in order to figure the
• $309,900 for joint filers and qualifying surviving spouse; amount of or to collect the tax you owe. We may disclose
$284,050 for head of household; $258,250 for unmarried your tax information to the Comptroller General of the United
(and neither head of household nor qualifying surviving States to permit the Comptroller General to review the
spouse); and $154,950 for married filing separately for 2015. Internal Revenue Service. We may disclose your tax
• $311,300 for joint filers and qualifying surviving spouse; information to Committees of Congress; federal, state, and
$285,350 for head of household; $259,400 for unmarried local child support agencies; and to other federal agencies
(and neither head of household nor qualifying surviving for the purposes of determining entitlement for benefits or the
spouse); and $155,650 for married filing separately for 2016. eligibility for and the repayment of loans. We may also
• $313,800 for joint filers and qualifying surviving spouse; disclose this information to other countries under a tax treaty,
$287,650 for head of household; $261,500 for unmarried to federal and state agencies to enforce federal nontax
(and neither head of household nor qualifying surviving criminal laws, or to federal law enforcement and intelligence
spouse); and $156,900 for married filing separately for 2017. agencies to combat terrorism.
Only complete a column for each year that meets the
above requirements. The time needed to complete and file this form will vary
depending on individual circumstances. The estimated
Note. The itemized deduction limitation applies only to years burden for individual taxpayers filing this form is approved
after 2012 and before 2018. For taxable years beginning after under OMB control number 1545-0074 and is included in the
2017 and before 2026, the overall limitation on itemized estimates shown in the instructions for their individual income
deductions does not apply. tax return. The estimated burden for all other taxpayers who
file this form is shown below.
Disclosure, Privacy Act, and Paperwork Reduction Act
Notice. We ask for the information on this form to carry out Recordkeeping . . . . . . . . . . . . . . . . 9 hr., 18 min.
the Internal Revenue laws of the United States. You may use Learning about the law or the form . . . 6 hr., 55 min.
Form 1045 to apply under section 6411 for a quick refund of Preparing the form . . . . . . . . . . . . . 7 hr., 12 min.
tax for a prior year affected by certain carrybacks. You are not Copying, assembling, and sending the
required to apply for this quick refund; however, if you do, you form to the IRS . . . . . . . . . . . . . . . . 1 hr., 03 min.
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 If you have comments concerning the accuracy of these
requires that you disclose your identification number. If you time estimates or suggestions for making this form simpler,
do not provide the information requested, we may be unable we would be happy to hear from you. You can send us
to process this application. Providing false or fraudulent comments from IRS.gov/FormComments. Or you can write to
information may subject you to penalties. the Internal Revenue Service, Tax Forms and Publications
You are not required to provide the information requested Division, 1111 Constitution Ave. NW, IR-6526, Washington,
on a form that is subject to the Paperwork Reduction Act DC 20224. Don't send the form to this office.
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.

Instructions for Form 1045 (2023) -9-

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