New Law Extends Net Operating Loss Carryback for Small Businesses; IRS
To Ensure Refunds Paid Timely
IR-2009-26, March 16, 2009
WASHINGTON — The Internal Revenue Service announced today that small
businesses with deductions exceeding their income in 2008 can use a new
net operating loss tax provision to get a refund of taxes paid in prior
years.
To accommodate the change in tax law, the IRS today updated the
instructions for two key forms — Forms
1045 and
1139 — that
small businesses can use to make use of the special carryback provision
for tax year 2008. These forms are used to accelerate the payment of
refunds.
The new provision, enacted as part of the American Recovery and
Reinvestment Act of 2009, enables small businesses with a net operating
loss (NOL) in 2008 to elect to offset this loss against income earned in
up to five prior years. Typically, an NOL can be carried back for only two
years. The IRS released legal guidance today in
Revenue
Procedure 2009-19 outlining specific details. Some taxpayers must make
the election to use this special carryback by April 17, 2009.
“The new net operating loss provisions could throw a lifeline to
struggling businesses, providing them with a quick infusion of cash,” said
IRS Commissioner Doug Shulman. “We want to make it as easy as possible for
small businesses to take advantage of these key tax benefits.”
With the economic downturn and the new law, the IRS expects record
numbers of small businesses to be eligible for the refunds. The IRS is
putting in special steps to ensure timely processing of these refunds to
help small businesses during this difficult period.
Small businesses with large losses in 2008 may be able to benefit fully
from those losses now, rather than waiting until claiming them on future
tax returns.
The normal two-year carryback remains available if the small business
does not elect the special carryback provision. If the loss exceeds the
income for the carryback period, the taxpayer can continue to carry
forward the remaining balance of the NOL for up to 20 years.
For small businesses that use a fiscal year, this special carryback may
be used for an NOL in either a tax year that ends in 2008 or a tax year
that begins in 2008. Once a taxpayer makes this election, it may not be
changed.
To qualify for the new five-year carryback provision, a small business
must have no greater than an average of $15 million in gross receipts over
a three-year period ending with the tax year of the NOL. Businesses with
more than $15 million in gross receipts still qualify to carry back their
2008 NOL for two years.
There are several methods that a small business uses to elect the new
provision as detailed in the Revenue Procedure.
If a small business previously elected to waive the carryback of 2008
NOL but now wants to elect this special carryback, the small business may
revoke its previous election to waive the carryback. The election
revocation must be made on or before April 17, 2009.
Generally small businesses that are not corporations (including sole
proprietorships filing schedule C with their Form 1040) may accelerate a
refund by using
Form 1045, Application for Tentative Refund.
Corporations with NOLs may also accelerate a refund by using
Form 1139,
Corporation Application for Tentative Refund.
The IRS will be closely monitoring these filings and will provide
additional staff as needed to process these forms. The IRS will work to
issue refunds within 45 days or even earlier to the degree possible.
In addition,
Questions and Answers have been posted on this Web site. Small
businesses that file Form 1040 can also call 1-800-829-1040 with NOL
questions. Corporations can contact 1-800-829-4933 with NOL questions.
Form 1045 or Form 1139, whichever the taxpayer uses, generally must be
filed within one year after the end of the tax year of the NOL. In
addition, the current year’s tax return must be filed by the date the Form
1045 or Form 1139 is filed. Form 1045 and Form 1139 are filed at the same
place the taxpayer’s return is filed, as listed on the return
instructions.
Accelerated refunds paid via Form 1045 or Form 1139 is described as
“tentative” because the applications for refunds are potentially subject
to review at a later date.
Form 1045
Instructions and
Form 1139
Instructions provide more information on the accelerated refund
option.
Related Items:
IRS Information Related to the American Recovery and Reinvestment Act
of 2009
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