2023

Instructions for Form 1045

Application for Tentative Refund

Department of the Treasury

Internal Revenue Service

Section references are to the Internal Revenue Code unless 

otherwise noted.

Future Developments

For the latest information about developments related to 

Form 1045 and its instructions, such as legislation enacted 

after they were published, go to IRS.gov/Form1045.

Reminders

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.

Child tax credit (CTC) and advanced payments. Public 

Law 117-2, March 11, 2021, amended section 24 and added 

section 7527A to provide:

1. a refundable child tax credit for 2021,

2. a program of advanced payments of the credit during 

2021 to expected recipients,

3. a method of reducing the credit allowable for 2021 by 

amount(s) of advanced payment(s) received during 2021, 

and

4. an increase in recipient’s 2021 tax equal to any excess 

advanced payments received in 2021.

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.

NOL deduction limitation. 

NOL deduction for tax years beginning before 2021 

equals the sum of the NOL carryovers and carrybacks to the 

year.

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

(i) the sum of NOLs arising in tax years beginning after 

2017, carried to the tax year, or

(ii) 80% of the excess (if any) of

(I) taxable income computed without the deductions 

under sections 172 (NOL), 199A qualified business 

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.

General Instructions

Purpose of Form

Individuals, estates, and trusts use Form 1045 to apply for a 

quick tax refund resulting from:

• The carryback of an NOL,

• 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).

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 

refund.

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 

no AMT liability on the tax return filed for that earlier year.

Carrying back an NOL to tax year 2021 may create 

an excess advance child tax credit (CTC) payment, 

based on the refigured adjusted gross income (AGI) 

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 

("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

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.

The “section 1256 contract” includes:

• any regulated futures contract,

• any foreign currency contract,

• any nonequity option,

• any dealer equity option, and

• any dealer securities futures contract.

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Oct 17, 2023 Cat. No. 13666W
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).

Farming loss. A farming loss is the smaller of:

• The amount that would be the NOL for the tax year if only 

income and deductions from farming businesses (as defined 

in section 263A(e)(4)) were taken into account, or

• The NOL for the tax year.

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.

If you were affected by a federally declared disaster, you 

may have additional time to file your Form 1045. For more 

information, go to IRS.gov/DisasterTaxRelief.

Do not file your 2023 Form 1045 before you file your 

2023 income tax return.

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.

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 

through 3 of your 2023 Form 1040-SR, and Schedules 1 

through 3, and A, D, F, and J (Form 1040), if applicable.

• Any Form 4952, Investment Interest Expense Deduction, 

attached to your 2023 income tax return.

• Form 461, Limitation on Business Losses.

• 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 

income tax return.

• All Forms 8886, Reportable Transaction Disclosure 

Statement, attached to your 2023 income tax return.

• Forms 8302, Electronic Deposit of Tax Refund of $1 Million 

or More.

• Alternative Minimum Tax Net Operating Loss (AMTNOL) or 

Alternative Tax Net Operating Loss Deduction (ATNOLD) 

calculation.

• Form 6251, Alternative Minimum Tax—Individuals, for 

each loss year.

• Any detailed allocation schedules for a filing status change 

or for different spouses between the gain and loss years; see 

Pub. 536.

• Any applicable election statement.

• All other forms and schedules from which a carryback 

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.

CAUTION

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CAUTION

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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.

Estates and Trusts, attach copies of Form 1041 with 

accompanying schedules, and any forms, computation 

sheets, and elections outlined above, if applicable.

You must attach copies of all required forms listed 

above and complete all lines on Form 1045 that apply 

to you. Otherwise, your application may be delayed 

or disallowed.

Processing the Application

The IRS will process your application within 90 days from the 

later of:

• The date you file the complete application, or

• The last day of the month that includes the due date 

(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)).

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.

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.

Disallowance of the Application

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 1040-X or Other Amended Return.

Excessive Allowances

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.

Form 1040-X or Other Amended 

Return

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.

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 

CAUTION

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-2- 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.

You must file Form 1040-X (or other amended return) 

instead of Form 1045 to carry back:

• Any items to a section 965 year,

• A prior year foreign tax credit released due to an NOL or 

net capital loss carryback, or

• A prior year general business credit released because of 

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

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.

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 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

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 

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.

Lines 10 Through 32—Computation of 

Decrease in Tax

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.

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.

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.

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.

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.”

For each carryback year, enter in the column labeled 

“Before carryback” the amounts for the carryback year as 

Instructions for Form 1045 (2023) -3-
shown on your original or amended return. If the amounts 

were previously adjusted by you or the IRS, enter the 

amounts after adjustment.

Line 10—NOL Deduction After 

Carryback

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.

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.

Farming losses. To the extent the NOL is a farming loss 

(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.

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.

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.

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:

• The special allowance for passive activity losses from 

rental real estate activities,

• Taxable social security benefits,

• IRA deductions,

• The student loan interest deduction,

• The tuition and fees deduction,

• The child tax credit,

• Excludable savings bond interest, and

• The exclusion of amounts received under an employer's 

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.

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).

Don't refigure your charitable contributions 

deduction.

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.

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.

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 

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.

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.

Line 18—Alternative Minimum Tax

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).

See the AMT instructions for the carryback year.

CAUTION

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-4- Instructions for Form 1045 (2023)
Line 20—General Business Credit

Enter in the column labeled “After carryback” for each 

affected carryback year the total of the refigured general 

business credits, using Form 3800.

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.

Line 21—Net Premium Tax Credit and 

Child Tax Credit

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.

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).

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.

Line 22—Other Credits

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.

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.

Line 25—

Self-Employment Tax

Don't adjust self-employment tax because of any carryback.

Line 26—Additional Medicare Tax

Don't adjust Additional Medicare Tax because of any 

carryback.

Line 27—Net Investment Income Tax 

(NIIT)

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.

Line 29—Other Taxes

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.

Line 33—Overpayment of Tax Under 

Section 1341(b)(1)

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).

Signature

Individuals. Sign and date Form 1045. If Form 1045 is filed 

jointly, both spouses must sign.

Estates. All executors or administrators must sign and date 

Form 1045.

Trusts. The fiduciary or an authorized representative must 

sign and date Form 1045.

Schedule A—NOL

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.

Estates and trusts should see the Instructions for Form 

1041 and Pub. 536 for guidance in figuring their NOL.

Line 2—Nonbusiness Capital Losses

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:

• IRA deductions;

• Health savings account deduction;

• Archer MSA deduction;

• Deductions for payments on behalf of a self-employed 

individual to a SEP, SIMPLE, or qualified plan;

• Alimony paid;

• Most itemized deductions (except for casualty and theft 

losses resulting from a federally declared disaster and state 

income tax on trade or business income); and

• Standard deduction.

Don't include on line 6 any business deductions. These 

are deductions that are connected with a trade or business. 

They include:

• State income tax on income from a trade or business 

(including wages, salary, and unemployment compensation);

• Educator expenses;

• 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;

• Loss on the sale or exchange of business real estate or 

depreciable property;

• Your share of a business loss from a partnership or an S 

corporation;

• 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;

Instructions for Form 1045 (2023) -5-
• Loss from the sale of accounts receivable if such accounts 

arose under the accrual method of accounting; and

• If you itemized your deductions, casualty or theft losses 

resulting from a federally declared disaster.

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:

• Salaries and wages,

• Self-employment income,

• Unemployment compensation,

• Rental income,

• Gain on the sale or exchange of business real estate or 

depreciable property, and

• Your share of business income from a partnership or an S 

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.

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 

instructions for Lines 10 Through 32, earlier).

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.

If you carry two or more NOLs to a tax year, figure 

your modified taxable income by deducting the NOLs 

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.

Line 2

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. If your taxable income is shown as zero on your tax 

return (or as previously adjusted) for any carryback year, 

CAUTION

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refigure it without limiting the result to zero and enter it on 

line 2 as a negative number.

Line 3—Net Capital Loss Deduction

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 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.

Line 5—Section 199A Deductions

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.

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:

• The special allowance for passive activity losses from 

rental real estate activities,

• Taxable social security benefits,

• IRA deductions,

• Excludable savings bond interest,

• The exclusion of amounts received under an employer's 

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.

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.

Enter on line 6 the total adjustments made to the listed 

items. Attach a computation showing how you figured the 

adjustments.

Line 7—Adjustment to Itemized Deductions

Note. Miscellaneous itemized deductions are suspended for 

tax years beginning after 2017 and before 2026. See section 

67.

-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.

Individuals. Skip this line if, for the applicable carryback 

year:

• 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 

Itemized Deductions Limitation Worksheet).

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.

• The total of the amounts from lines 3 through 6 of Form 

1045, Schedule B.

• The exemption amount shown (or as previously adjusted) 

on Form 1041 for the carryback year.

• The income distribution deduction shown (or as previously 

adjusted) on Form 1041 for the carryback year.

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.

Line 9—Modified Taxable Income

Combine lines 2 through 8. If zero or less, enter -0-.

Line 10—NOL Carryover

Generally, subtract line 9 from line 1. If zero or less, enter -0-.

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.

No. Your deduction isn't limited. Enter the amount from 

line 19 on line 20 and enter -0- on line 21.

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-
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.

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.

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 .................

-8- 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.

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

Complete the Itemized Deductions Limitation Worksheet if 

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 

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.

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.

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.

Recordkeeping ................ 9 hr., 18 min.

Learning about the law or the form ... 6 hr., 55 min.

Preparing the form ............. 7 hr., 12 min.

Copying, assembling, and sending the 

form to the IRS ................ 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 

comments from IRS.gov/FormComments. Or you can write to 

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.

Instructions for Form 1045 (2023) -9-