Form 1045

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Form 1045: Application for Tentative Refund

What it is

Form 1045 is an IRS form that lets individuals, estates, and trusts request a quick, “tentative” refund when certain tax adjustments from a current year can be carried back to a prior year. The IRS is required to process a properly completed Form 1045 within 90 days, but the refund is tentative and may be later adjusted.

When to use Form 1045

File Form 1045 to carry back or claim a refund based on one of these situations:

  • Carryback of a net operating loss (NOL)
  • Carryback of an unused general business credit
  • Carryback of a net section 1256 contracts loss
  • Overpayment of tax due to a claim of right adjustment under section 1341(b)(1)

Who can file and timing

  • Eligible filers: individuals, estates, and trusts.
  • Deadline: File Form 1045 within one year after the end of the year in which the triggering event (NOL, unused credit, etc.) occurred.
  • Processing vs. other forms: Form 1045 is processed faster (generally within 90 days). By contrast, amended individual returns (Form 1040-X) and amended estate/trust returns (Form 1041) can be filed up to three years from the original return date but are not processed within 90 days and may take months.

Key differences vs. Form 1040-X / Form 1041

  • Form 1045 gives a quick, tentative refund that may be adjusted later.
  • Form 1040-X and Form 1041 generally lead to final adjustments but are processed more slowly (the IRS may take up to six months or longer).

How to complete and file Form 1045

  • Provide filer information (name, address, SSN/EIN) and answer questions about the nature of the carryback.
  • Compute the decrease in tax for the carryback year(s) and the resulting refund amount.
  • Sign and date the form (and preparer if applicable).
  • File Form 1045 separately from the tax return (do not attach it to the income tax return). Mail it or otherwise submit per IRS instructions.

Attachments to include

Include relevant supporting pages and forms, such as:

  • First two pages of Form 1040 (if applicable)
  • Form 4952 (investment interest expense) if required
  • All applicable Schedules K-1
  • Any other documents substantiating the NOL, credit, or adjustment

Important considerations

  • TCJA effects: For NOLs arising after 2017, the Tax Cuts and Jobs Act generally limited carrybacks; rules vary by year and by subsequent legislation, so verify current law and IRS guidance.
  • Dollar limits: Historically, certain rules limited NOL carrybacks in amount (for example, carrybacks may not exceed $250,000 for single filers and $500,000 for married filing jointly in some contexts). Confirm limits that apply to your situation.
  • AMT risk: Carrying back an NOL can create or affect an alternative minimum tax (AMT) liability; evaluate this before filing.
  • Tentative nature: Because the refund is tentative, the IRS or taxpayer can later adjust the claim.

Where to get the form and instructions

Form 1045 and its instructions are available on the IRS website. Consult the Instructions for Form 1045 and current IRS guidance when preparing a claim, or seek a tax professional’s help for complex situations.