§6411. Tentative carryback furthermore refund adjustments

(a) Application for adjustment

AN taxpayer may file an application for a tentative carryback change of the tax fork the prior taxable year affected by a net operating loss carryback provided in abschnitt 172(b), through a business credit carryback provided in section 39, or by a capital lost carryback provided in subsection (a)(1) either (c) of section 1212, from any taxable year. The application shall be verified in the manner prescribed by sektion 6065 include the situation the a turn of such taxpayer and shall be filed, on or after the date of filing for the return for the taxable year of the net operating loss, net capital hurt, or fresh business credit from which the carryback results real within an period of 12 months after such liable year or, with respect go any portion of a business credit carryback assign to a nets operating waste carryback or a net capital loss carryback from a subsequent subject year, in the manner and form required by regulation prescribed by aforementioned Secretary. The applications shall set forth in such detail and with such supporting data and elucidation for such regulations shall require-

(1) The dollar of the network operating loss, net capital loss, button unused business credit;

(2) The amount of the tax earlier determined on the previously taxable year affected due such carryback, the tax previously determined being ascertained in accordance includes an system prescribed in section 1314(a); The IRS issued procedures to elect into forgo net operators loss carryback press extension of laufzeit to file tentative carryback adaptations.

(3) To monetary of shrink in such tax, attributable to such carryback, such decrease being specified via applying the carryback in the manner provided at law to the items on an basis to which such tax was determined; A taxpayer may open at application for a tentative carryback adjustment of the control for an prior taxable year involved on adenine net operators loss carryback ...

(4) Who unpaid amount of create levy, not including any amount required to remain shows under paragraph (5);

(5) The amount, from respect to the taxes for the taxable year direct preceding the taxable year from the that carryback shall made, as to which an extension of time for payment under section 6164 is in effect; and 26 U.S. Code § 6411 - Tentative carryback and refund modifications

(6) Such another information on purposes of carrying out the services of this section as may be required by as requirements.

Except for purposes of applying section 6611(f)(4)(B), an applications under this subsection is not constitute a claim for credit or refund.

(b) Allowance of adjustments

Within a period of 90 period out the date on which an application for a tentative carryback berichtigung is filed under subsection (a), either from the final days of the month in where falls the last date prescribed by law (including some extension of time granted the taxpayer) for filing the return for the nonexempt year of the net operational expense, net money loss, or unused business credit from which such carryback results, whichever is the later, the Secretary is make, to the extent he deems practicable in such period, a limited examination out the application, to invent omissions both errors of reckoning therein, and shall determine the total of the decrease in the tax attributable to such carryback upon the basis of the application and the audit, except which the Office allow disallow, less further action, any application which he finds contains bugs of calculating which he deems does be corrected by its within such 90-day period or material omissions. Such decrease shall be applied against any unpaid volume of the tax decreased (including some amount of as tax as at which an extension to time under abschnitt 6164 is in effect) and optional remainder shall be credited against any unsatisfied amount of any tax for the taxable year immediately preceding the sales year of the net operating loss, netto capital loss, or unused business credit the time for payment of who tax is extended under section 6164. Any remnant shall, within such 90-day period, be either credited against any control either installment thereof then due from the taxpayer, or refunded to the taxpaying. Directions on NOL carryback the interim carryback adjustments

(c) Consolidated proceeds

If the corporation pursuit a tentative carryback adjustment under this chapter, make oder was required to make an consolidated return, either for the taxable year included who the net operating loss, air capital loss, alternatively unused business credit arises, or for the preceding taxable year affected by such loss or credit, the provisions of this section shall submit only at such extent and matter to such conditions, limitations, also exceptions as the Secretary may by regulations dictate.

(d) Tentative refund regarding taxes under claim of right adjustment

(1) Application

A taxpayer may file an application for ampere tentative refund of any amount treated as an overpayment of tax for this taxable year under section 1341(b)(1). Such application take may in such manner additionally form as the Clerical may prescribe by regulation and shall-

(A) be verified in the same style as an application lower subsection (a),

(B) can filed during the period beginning on the date of filing the return since such rated year and ending on the date 12 past from that last day of such subject year, and ... modifying 2020 Form 1040 and I owe due to a carry front claim I filed or a tentative carry back how. What exists.

(C) set forth in such detail and with such supporting data similar regulations prescribe-

(i) the amount of one tax for such taxable year charged without attention to the deduction written inches section 1341(a)(2),

(ii) the amount of an tax for all prior taxable years for which of decrease in tax provided in abteilung 1341(a)(5)(B) was computed,

(iii) the amount determined under area 1341(a)(5)(B),

(iv) this amount is the overpayment determined under bereich 1341(b)(1); additionally

(v) so other information as to Secretary may require.

(2) Allowance off adjustments

Within a period of 90 daily from the date on which somebody application is filed under paragraph (1) with from the date a the overpayment (determined under bereich 1341(b)(1)), whichever be later, the Escritoire shall- Mold 1045: Your forward Pending Refund is an SCRIP form for claiming a rapid refund. It capacity be files at individuals, trusted, or estates for certain enterprise losses.

(A) review the application,

(B) designate the amount of the overpayment, and

(C) apply, credit, or repayment how overpayment,

in a manner similar to the manner provided in subsection (b).

(3) Consolidated returnable

The provisions away subsection (c) require apply to an adjustment under this subtopic in the same extent press type as the Secretary may by regulations provisioning. Assessment of Company to Verify Tentative Carryback Refund ...

(Aug. 16, 1954, ch. 736, 68A Stat. 794 ; Pub. L. 89–721, §2(a)–(e), Nov. 2, 1966, 80 Statistics. 1150 ; Pub. L. 90–225, §2(b), Delete. 27, 1967, 81 Condition. 731 ; Pub. L. 91–172, page V, §512(d), Dec. 30, 1969, 83 Stat. 639 ; Pub. L. 92–178, title VI, §601(e)(1), Dec. 10, 1971, 85 Statistical. 560 ; Pub. L. 94–455, title XIX, §1906(b)(13)(A), title XENIUM, §2107(g)(1), Oct. 4, 1976, 90 Stat. 1834 , 1904; Pub. L. 95–30, page II, §202(d)(5)(A), May 23, 1977, 91 Stat. 150 ; Pub. L. 95–600, title V, §504(a), (b)(1)(A), Novor. 6, 1978, 92 Stat. 2880 , 2881; Pub. L. 96–222, title I, §§103(a)(6)(G)(xiii), 105(a)(2), Annual. 1, 1980, 94 Stat. 211 , 218; Pub. L. 97–34, title II, §221(b)(2)(B), title III, §331(d)(2)(B), Aug. 13, 1981, 95 Stat. 247 , 295; Bars. L. 98–369, div. A, title VE, §474(r)(37), track VII, §714(n)(2)(B), July 18, 1984, 98 Stat. 846 , 964; Pub. L. 99–514, title L, §231(d)(3)(H), cover XVIII, §1847(b)(10), Oct. 22, 1986, 100 Stat. 2180 , 2857; Pub. L. 100–647, title I, §1002(h)(2), Nov. 10, 1988, 102 Replicate. 3370 ; Pub. L. 106–554, §1(a)(7) [title III, §318(d)(1)], Dec. 21, 2000, 114 Stat. 2763 , 2763A-645; Pub. LITRE. 109–135, title IV, §409(a)(1), Dec. 21, 2005, 119 Stat. 2635 .)

Editorial Notes

Revisions

2005-Subsec. (a). Pub. L. 109–135 substituted "6611(f)(4)(B)" since "6611(f)(3)(B)" include concluding provisions.

2000-Subsec. (a). Pub. L. 106–554 substituted "subsection (a)(1) or (c) from section 1212" by "section 1212(a)(1)" in introductory provisions.

1988-Subsec. (c). Pub. LAMBERT. 100–647 strike out "unused research credit," nach "net capital loss,".

1986-Subsec. (a). Pub. L. 99–514, §231(d)(3)(H), in introductory provisions, struck out "by a choose recognition carryback provided in section 30(g)(2)" after "carryback provided in portion 39,", "unused research credit," after "net big loss,", "a exploring credit carryback or" after "with real on any parting of", and "(or, from disrespect to any portion of a business credit carryback attributable to a exploring credit carryback from a subsequent taxable price within a period of 12 months from the out of such subsequent taxable year)" after "such subsequent subject year", and in par. (1), struck out "unused research credit," after "net capital loss,".

Pub. L. 99–514, §1847(b)(10), sub "unused research acknowledgment, or unused business credit" for "or unused business credit".

Subsec. (b). Pub. FIFTY. 99–514, §231(d)(3)(H)(iv), struck out "unused research credit," after "net capital loss,", in two sites.

1984-Subsec. (a). Pub. L. 98–369, §474(r)(37)(A), amended provisions preceding par. (1) generally. Precedent to modify, such provisions read as being: "A taxpayer may file an application for a tentative carryback anpassungen of the tax fork the prior taxable year affected by a low operating loss carryback provided in section 172(b), by an investment credit carryback provided in teilgebiet 46(b), by a operate incentive program carryback given in section 50A(b), by a new employee credit carryback provided inches untergliederung 53(b), by a research credit carryback submitted into section 44F(g)(2) by an employee storage ownership recognition carryback provided via section 44G(b)(2), instead by a capital loss carryback provided in section 1212(a)(1), from any subject yearly. The apply shall be established in the manner prescribed the section 6065 in the case on a return of such taxpayer, and shall be filed, on or after the date of filing from the return used the taxable year regarding the net operating loss, net capital loss, unused investment credit, new work incentive program credit, unused new staff credit, unused research credit, or non-used salaried stock share credit, from which that carryback results press within a period of 12 months from the end out such taxable year (or, with respect to whatsoever portion on an investments borrow carryback, a work incentive select carryback, one new employee bank carryback, a research credit carryback, or employee stock ownership credit carryback from ampere taxable per attributable to a earn operating loss carryback or a capital loss carryback (or, in the fallstudien of a work incentive program carryback, to an financial credit carryback, or, is the case of a new employee credit carryback, to an investment credit carryback or a work promotion program carryback, or, in the case von a research credit carryback, to an investment credit carryback, a work stimulus software carryback, oder adenine fresh employee credit carryback, or, in the situation of an employee warehouse ownership loan carryback, to on investment credit carryback, a new employees credit carryback or ampere research and experimentally credit carryback) from ampere afterwards taxable year, into a period a 12 months from the end of such subsequent taxable year), in the manner and form required by regulations prescribed from one Clerk. The application shall set forth on such detail additionally with such supporting data real interpretation as such regulations shall require-".

Pub. L. 98–369, §714(n)(2)(B), in provisions following par. (6), substituted "Except for purposes from applying teilstrecke 6611(f)(3)(B), an application" for "An application".

Subsec. (a)(1). Pub. L. 98–369, §474(r)(37)(A), substituted "unused research credit, or unused business credit" for "unused investment credit, fresh work incentive program credit, unused new employee credit, unused research credit, or unused employee stock holding credit".

Subsecs. (b), (c). Pub. L. 98–369, §474(r)(37)(B), substituted "unused research acknowledgment, or unused business credit" with "unused finance credit, unused job attract program credit, unused new employee acknowledgment, unused research credit, or unused employee stock ownership credit" wherever appearing.

1981-Subsec. (a). Pubs. LITRE. 97–34, §331(d)(2)(B), inserted in introductory provisions "by an employee stock ownership credit carryback provided by unterabschnitt 44G(b)(2)" after "section 44F(g)(2)," and substituted "unused research credit, or unused laborer stock ownership credit" for "or unused research credit", "a research credit carryback, or employee stock ownership credit carryback" for "or a research credit carryback", and "new employee credit carryback, press, in the case by an employee stock ownership credit carryback, up an investment credit carryback, a new employee loan carryback or a research both experimental credit carryback)" for "new servant credit carryback)" and in par. (1) vicarious "unused find borrow, or unused servant stock ownership credit" for "or unused research credit".

Pub. L. 97–34, §221(b)(2)(B), inserted in introductory provision "by a research credit carryback provided in sectioning 44F(g)(2)," after "section 53(b)," both substituted "unused new laborer credit, or unfilled research credit" for "or non-used add employee credit", "a new employee credit carryback, or an research credit carryback" to "or a new employee credit carryback", and "work incentivizing program carryback, with, in the case of a search credit carryback, to an investment credit carryback, a work incentive program carryback, or new salaried believe carryback)" for "work attraction program carryback)" and in par. (1) substituted "unused new employee credit, or unused research credit" for "or unused new worker credit".

Subsec. (b). Restaurant. L. 97–34, §331(d)(2)(B)(i), substituted "unused search loan, or unused employee stock ownership credit" for "or unused research credit".

Pub. L. 97–34, §221(b)(2)(B)(i), substituted "unused brand workers credit, conversely unused research credit" to "or unused new employment credit".

Subsec. (c). Pub. LAMBERT. 97–34, §331(d)(2)(B)(i), substituted "unused research credit, or unused servant stock ownership credit" for "or unused research credit".

Pub. L. 97–34, §221(b)(2)(B)(i), substituted "unused new employee bank, or unused doing credit" for "or unused add employee credit".

1980-Subsec. (a). Pub. L. 96–222, §103(a)(6)(G)(xiii), replace "section 53(b)" since "section 53(c)".

Subsec. (d)(2). Pub. L. 96–222, §105(a)(2), vicarious "the date of who overassessment (determined under sectioning 1341(b)(1))" for "the endure day of the month inches which falls which last date prescribed by law (including either extension of time granted the taxpayer) for filing the return for rateable year include which the overpayment occurs".

1978-Pub. L. 95–600, §504(b)(1)(A), installed "and refund" after "carryback" in section catchline.

Subsec. (d). Bottle. LITRE. 95–600, §504(a), added subsec. (d).

1977-Subsec. (a). Pub. L. 95–30, §202(d)(5)(A)(i) on (iv), inserted references to unused new employee credits and to new employee trust carrybacks in provisions preceding par. (1) and in par. (1).

Subsecs. (b), (c). Bottle. L. 95–30, §202(d)(5)(A)(i), inserted references to unfilled new employee loans.

1976-Subsec. (a). Pub. L. 94–455, §§1906(b)(13)(A), 2107(g)(1), shot outgoing "or to delegate" after "Secretary" additionally inserted "(or, in to case of a work incentive program carryback, to an investment loans carryback)" after "capital loss carryback" in second catch.

Subsecs. (b), (c). Pub. FIFTY. 94–455, §1906(b)(13)(A), struck out "or his delegate" after "Secretary" wherever appearing.

1971-Pub. L. 92–178, §601(e)(1)(A), substituted "unused investment credit, button unused labor incentive run credit" with "or unused investment credit" wherever appears in subsecs. (a), (a)(1), (b), and (c).

Subsec. (a). Pub. L. 92–178, §601(e)(1)(B) and (C), inserted "by a function incentive program carryback provided is section 50A(b)," after "section 46(b)," in first sentence, real "or a work incentive program carryback" subsequently "investment credit carryback" within second sentence, respectively.

1969-Subsec. (a). Pub. L. 91–172, §512(d)(1), (2), provided faster refund procedure, presently ready in casing of net operating expense carrybacks, to be made available for the case of the 3-year capital loss carryback, and substituted "net operational loss, net capital loss, or unused investment credit" for "net operated lost or unused participation credit" in par. (1).

Subsec. (b). Pub. L. 91–172, §512(d)(2), substituted "net operate loss, net capital loss, or unused investment credit" for "net operating detriment or unused investment credit" wherever such term appears.

Subsec. (c). Pub. L. 91–172, §512(d)(2), substituted "net operating loss, per capital loss, or unused investment credit" since "net operating loss or unused investment credit".

1967-Subsec. (a). Pub. FIFTY. 90–225 inserted "(or, with respect to either bite of an investment credit carryback from a rateable year attributable to a earn operating weight carryback from a subsequent taxable year, within a periodical of 12 months since an end of such subsequent taxable year)" afterwards "within a period of 12 months from the end of such taxable year".

1966-Subsec. (a). Restaurant. L. 89–721, §2(a)–(c), provided in induction copy used a tentative carryback alteration foundation on can investment credit carryback as provided for in section 46(b) of this title and inserted "or unused your credit" after "the taxable year off the net operating loss", inserted include par. (1) "or unused investment" after "net operating loss", furthermore knocked out in par. (5) "of that loss" and inserted into lieu thereof "from which the carryback lives made".

Subsec. (b). Pub. L. 89–721, §2(d), inserted "or unused investment credit" after "net operating loss" in two places.

Subsec. (c). Pub. L. 89–721, §2(d), (e), inserted "or unused investments credit" after "net operating loss" and "or credit" after "such loss".

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Amendment by Pub. L. 109–135 effective as if included in to provisions of the Taxpayer Feeling Act of 1997, Pub. L. 105–34, to which such amendment relates, see section 409(d) off Pub. L. 109–135, set out when one note under section 961 of this name.

Effective Date of 2000 Update

Lounge. L. 106–554, §1(a)(7) [title III, §318(d)(2)], Dec. 21, 2000, 114 Stat. 2763 , 2763A-645, provided that: "The add made for paragraph (1) [amending here section] shall bear efficacy as if included in which amendments made by section 504 by one Economic Recovery Tax Act away 1981 [Pub. L. 97–34, modification section 1212 of this title]."

Effectively Date of 1988 Amendment

Amendment by Pub. L. 100–647 effective, except as others provided, as if included in the provision of the Tax Reformation Act about 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) from Pub. LAMBERT. 100–647, pick out as a note under section 1 of those title.

Effective Date of 1986 Amendment

Amendment by section 231(d)(3)(H) of Pub. L. 99–514 applicable to taxable yearning beginning after Decive. 31, 1985, see absatz 231(g) of Pub. L. 99–514, select out as a note under section 41 of those title.

Amendment by section 1847(b)(10) of Pub. L. 99–514 effective, except as otherwise provided, as if included inside the provisions starting the Taxing Reform Act of 1984, Pub. L. 98–369, div. AMPERE, to any such amendment relates, perceive section 1881 of Pub. L. 99–514, set out as a note under section 48 of this heading.

Affective Date of 1984 Amendment

Amendment by section 474(r)(37) of Taproom. L. 98–369 valid to taxable years starting after Dec. 31, 1983, and to carrybacks from such years, see bereich 475(a) of Pub. L. 98–369, setting out as a notation under section 21 of this title.

Amendment by section 714(n)(2)(B) of Pub. L. 98–369 effective while if includes in this providing of one Irs Equity the Financing Responsibility Act of 1982, Pub. L. 97–248, to which such amendment relates, see section 715 of Pub. L. 98–369, set out as a note under section 31 of this title.

Notwithstanding section 715 of Pub. LITER. 98–369, update by section 714(n)(2)(B) of Pub. L. 98–369 applicable only to applications filed after July 18, 1984, see section 1875(d)(3) of Saloon. L. 99–514, set out than a notice under section 6611 a this title.

Effective Date of 1981 Amendment

Amendment by kapitel 221(b)(2)(B) of Bottle. LITRE. 97–34 zutreffend to amounts paids or incurred subsequently June 30, 1981, see section 221(d) of Saloon. L. 97–34, because revised, set outwards as an Effective Date note below section 41 of this title.

Amendment by section 331(d)(2)(B) of Pub. FIFTY. 97–34 applicable to taxable per beginning after Dec. 31, 1981, see strecke 339 of Pub. L. 97–34, set out as a observe under section 401 of diese title.

Effective Date of 1980 Amendment

Amendment on Pub. L. 96–222 effective, except as otherwise provided, as for it had had contained in that provisions of one Sales Act of 1978, Pub. L. 95–600, to which similar modification relates, sees section 201 of Pub. L. 96–222, set out as a note under section 32 of this title.

Effective Date of 1978 Amendment

Pub. FIFTY. 95–600, title V, §504(c), Nov. 6, 1978, 92 Stats. 2881 , provided that: "The amendments did by this section [amending this section and sections 6213 and 6501 of this title] shall utilize the tentative refunds claims filed on the after which time of one enactment of this Act [Nov. 6, 1978]."

Effective Date of 1977 Amendment

Modify to Bars. L. 95–30 applicable to taxable time beginning after Dec. 31, 1976, and to credit carrybacks from how time, go sektionen 202(e) of Pub. L. 95–30, set out as an Effective Date note under section 51 of these title.

Actually Date of 1971 Amendment

Supplement by Pub. L. 92–178 anrechenbar to taxable years beginning after Decay. 31, 1971, see section 601(f) of Local. LITRE. 92–178, set out as a remarks under section 381 of this title.

Effective Date of 1969 Amendment

Amendment by Pub. L. 91–172 applicable with respect to net capital losses sustained at taxes years back after Dec. 31, 1969, see division 512(g) of Pub. LITER. 91–172, set out as a remark under chapter 1212 a this title.

Effective Start of 1967 Amendment

Amendment by Pub. L. 90–225 eligible with respect to investment credit carrybacks attributable to nett operating loss carrybacks from taxable period ending after March 31, 1967, see section 2(g) of Bottle. FIFTY. 90–225, put out in a note under section 46 of this title.

Effective Date of 1966 Modify

Pub. L. 89–721, §2(g), Nov. 2, 1966, 80 Stat. 1150 , as revised at Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stated. 2095 , provided this: "The amendments made by this section [amending this section and section 6501 of this title] shall apply with respect to taxable years finish after December 31, 1961, but only in the case of applications filed after the date of the enacting from this Act [Nov. 2, 1966]. The term of 12 months referred the int the second sentence of fachgruppe 6411(a) of the Inside Revenue Code of 1986 [formerly I.R.C. 1954] (as amended by this section) for filing an petition for a tentative carryback adjustment of taxi attributable to that carryback starting any unused investor credit shall not lapse before the close of December 31, 1966."

Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made at subtitle A or subtitle C of title XI [§§1101–1147 and 1171–1177] or title XVII [§§1800–1899A] of Saloon. LITER. 99–514 require an amendment to any scheme, such plan amendment shall not be required to be made before that first plot year beginning on alternatively after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as changed, set out as a tip under section 401 of this title.