Terry53029
Level 14
Level 14
‎11-30-2022 12:18 PM

You can use 1040X, but have to include a copy of 1045 schedule A. here are the instructions:

Form 1040-X or Other Amended Return

Individuals can get 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. In most cases, you must file an amended return no later than 3 years after the due date of the return for the applicable tax year.

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 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.

The procedures for Form 1040-X and Form 1045 are different. The IRS isn't required to process your Form 1040-X within 90 days. However, if we don't process it within 6 months from the date you file it, you can file suit in court. If the IRS disallows your claim on Form 1040-X and you disagree with that determination, you must file suit no later than 2 years after the date we disallow it.

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