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Userid: ________DTD INSTR04Leadpct: 0%Pt. size: 10❏ Draft❏ Ok to PrintPAGER/SGMLFileid:C:\Documents and Settings\GF2LB\Desktop\1139\08I1139 031309.SGM(Init. & date)Page 1 of 6Instructions for Form 11399:02 - 16-MAR-2009The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.Department of the TreasuryInternal Revenue ServiceInstructions for Form 1139(Rev. March 2009)(Use with the August 2006 revision of Form 1139.)Corporation Application for Tentative RefundSection references are to the Internal• An overpayment of tax due to aTo elect a 3, 4, or 5-year carrybackRevenue Code unless otherwise noted.claim of right adjustment underfor an eligible small business losssection 1341(b)(1).arising in a tax year ending beforeWhat’s NewFebruary 17, 2009, the corporationWaiving the NOL carryback period.5-year carryback of 2008 netmust file Form 1139 by the later ofA corporation can elect to carry anoperating losses (NOLs) forthe regular due date or April 17,NOL forward instead of first carrying iteligible small businesses. An2009.back. Make this election by attachingeligible small business can elect a 3,a statement to a timely filed tax return4, or 5-year carryback period forThe corporation must file its(including extensions) for the tax yearcertain 2008 net operating lossesincome tax return for the taxof the NOL indicating that the!(NOLs). Other special rules alsoyear no later than the date itcorporation is electing to relinquishCAUTIONapply. See Eligible Small Businessfiles Form 1139.the entire carryback period underLoss on page 4.section 172(b)(3) for any NOLsIf the corporation filed Form 1138,incurred in that tax year.Tax relief for disaster area losses.Extension of Time for Payment ofA 5-year carryback period applies toIf the corporation timely filed itsTaxes by a Corporation Expecting athe portion of an NOL that is:return for the loss year withoutNet Operating Loss Carryback, it can• A qualified disaster loss attributable making the election, it can make theget an additional extension of time toto a disaster that is in an areaelection on an amended return filedpay. To do so, file Form 1139 by thedeclared by the President to bewithin 6 months of the due date of thelast day of the month that includeseligible for federal disasterloss year return (excludingthe due date (including extensions)assistance,extensions). Attach the election to thefor filing the return for the tax year• A qualified recovery assistanceamended return and write “Filedfrom which the NOL carryback arose.loss attributable to losses in thepursuant to section 301.9100-2” onKansas disaster area, orthe election statement. Once made,Qualified new members of a• A qualified disaster recoverythe election is irrevocable, except asconsolidated group. The generalassistance loss attributable to lossesexplained in the next paragraph.rule above applies to the time forin the Midwestern disaster areas.filing of Form 1139 by a consolidatedRevoking the election to waiveSee the instructions for eachgroup. However, for this purpose, athe carryback period. Theapplicable loss under Definitions andcorporation can revoke an electionseparate return year of a qualifiedSpecial Rules.under section 172(b)(3) to waive thenew member (see below) that endscarryback period for an NOL arisingon the date of joining the new groupAlternative minimum tax netin a tax year ending before Februaryis treated as ending on the same dateoperating loss deduction17, 2009, and make the electionas the end of the tax year of the(ATNOLD). The 90% limit on theunder section 172(b)(1)(H) to use a 3,consolidated group that includes theATNOLD does not apply to the4, or 5-year carryback period for andate of the end of the separate returnportion of the ATNOLD attributable toeligible small business loss. Toyear. If this special treatment applies,a qualified disaster loss, a qualifiedrevoke the election, file Form 1139see the instructions for line 5 on pagerecovery assistance loss, and a(or an amended return) for the5. A new member of a consolidatedqualified disaster recovery assistanceearliest tax year to which thegroup is a qualified new member ifloss. See page 5 of the instructions.corporation is carrying back its 2008immediately prior to becoming a newQualified GO Zone losses. TheNOL. Enter “2008 NOL Carrybackmember either:definition of a qualified GO Zone lossElection and Revocation of NOL• It was the common parent of ano longer includes certain deductions.Carryback Waiver Pursuant to Rev.consolidated group, orSee page 3.Proc. 2009-19” across the top of the• It was not required to join in theForm 1139 (or an amended return). Iffiling of a consolidated return.General Instructionsfiling an amended return, see FilingForm 1120X or Other AmendedWhere To FilePurpose of FormReturn on page 2.File Form 1139 with the InternalA corporation (other than an SWhen To FileRevenue Service Center where thecorporation) files Form 1139 to applycorporation files its income tax return.for a quick refund of taxes from:Generally, the corporation must file• The carryback of an NOL,Form 1139 within 12 months of theDo not file Form 1139 with the• The carryback of a net capital loss, end of the tax year in which an NOL,corporation’s income tax• The carryback of an unusednet capital loss, unused credit, or!CAUTIONreturn.general business credit, orclaim of right adjustment arose.Cat. No. 20631XPage 2 of 6Instructions for Form 11399:02 - 16-MAR-2009The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.the 90-day period. If the application isand foreign corporations and forWhat To Attachdisallowed in whole or in part, no suitdividends received on certainAttach to Form 1139 copies of thechallenging the disallowance may bepreferred stock of a public utility arefollowing, if applicable, for the year ofbrought in any court. But thecomputed without regard to thethe loss or credit.corporation can file a regular claim forlimitation on the aggregate amount of• The first two pages of thecredit or refund. See Filing Formdeductions under section 246(b).corporation’s income tax return.1120X or Other Amended Return• The dividends-paid deduction for• All other forms and schedules from below.dividends paid on certain preferredwhich a carryback results (forstock of a public utility is computedexample, Schedule D (Form 1120),Excessive Allowanceswithout regard to the limitation underForm 3800, etc.).Any amount applied, credited, orsection 247(a)(1)(B).• All Forms 8886, Reportablerefunded based on this application• The domestic production activitiesTransaction Disclosure Statement,that the IRS later determines to bededuction under section 199 isattached to the corporation’s taxexcessive may be billed as if it weregenerally not allowed. Seereturn.due to a math or clerical error on theRegulations section 1.199-7(c)(2) forAlso attach to Form 1139:return.an exception.• All carryback year forms andThe carryback period for an NOLFiling Form 1120X or Otherschedules for which items weregenerally is 2 years. Special rulesrefigured.Amended Return(discussed below) apply to the portion• Form 8302, Electronic Deposit ofA corporation can get a refund byof an NOL attributable to:Tax Refund of $1 Million or More.filing Form 1120X (or other amended• A specified liability loss;Electronic deposits can be made onlyreturn, such as an amended Form• A farming loss;for a carryback year for which the1120-PC) instead of Form 1139.• A qualified disaster loss, a qualifiedrefund is at least $1 million. Attach aGenerally, the corporation must filerecovery assistance loss, a qualifiedseparate form for each suchan amended return within 3 yearsdisaster recovery assistance loss, orcarryback year.after the date the return was due fora qualified GO Zone loss;the tax year in which an NOL, net• An eligible small business loss;Processing the Applicationcapital loss, or unused credit arose• An eligible loss; orThe IRS will process this application(or, if later, the date the return for that• An excess interest loss.within 90 days of the later of:year was filed).• The date the corporation files theSpecified Liability LossesCorporations must file Form 1120Xcomplete application, or Generally, a specified liability loss is(or other amended return) instead of• The last day of the month thata loss arising from:Form 1139 to carry back:includes the due date (including• A prior year foreign tax credit1. Product liability,extensions) for filing the corporation’sreleased due to an NOL or net capital2. An act (or failure to act) thatincome tax return for the year inloss carryback, oroccurred at least 3 years before thewhich the loss or credit arose (or, for• A prior year general business credit beginning of the loss year anda claim of right adjustment, the datereleased because of the release ofresulted in a liability under a federalof the overpayment under sectionthe foreign tax credit.or state law requiring:1341(b)(1)).For details, see Rev. Rul. 82-154,a. Reclamation of land,The payment of the requested1982-2 C.B. 394.b. Decommissioning of a nuclearrefund does not mean the IRS haspower plant (or any unit thereof),The procedures for processing anaccepted the application as correct. Ifc. Dismantling of a drillingamended return and Form 1139 arethe IRS later determines the claimedplatform,different. The IRS is not required todeductions or credits are due to and. Remediation of environmentalprocess an amended return within 90overstatement of the value ofcontamination, ordays. However, if the IRS does notproperty, negligence, disregard ofe. Payment under any workersprocess it within 6 months from therules, or substantial understatementcompensation act.date a corporation files it, theof income tax, the corporation may becorporation can file suit in court. If theassessed penalties. Interest is alsoAny loss from a liability arisingIRS disallows a claim on an amendedcharged on any amounts erroneouslyfrom 2a through 2e, above, can bereturn and the corporation disagreesrefunded, credited, or applied.taken into account as a specifiedwith that determination, theliability loss only if the corporationThe IRS may need to contact thecorporation must file suit no later thanused an accrual method ofcorporation or its authorized2 years after the date the IRSaccounting throughout the period inrepresentative for more information.disallows it.which the act (or failure to act)To designate an attorney orrepresentative, attach Form 2848,Definitions and Specialoccurred. For details, see section172(f).Power of Attorney and Declaration ofRulesRepresentative, to Form 1139.To the extent an NOL is aFor corporations, a net operating lossspecified liability loss, the carryback(NOL) is the excess of the deductionsDisallowance of theperiod for that part of the NOL isallowed over gross income, computedApplicationgenerally 10 years.with the following adjustments.An application for a tentative refund is• The NOL deduction for an NOLHowever, the corporation cannot treated as a claim for credit orcarryback or carryover from anothermake an irrevocable election to figurerefund. It may be disallowed if thereyear is not allowed.the carryback period for a specifiedare any material omissions or math• The dividends-received deductions liability loss without regard to theerrors that are not corrected withinfor dividends received from domesticspecial 10-year carryback rule. To-2-Page 3 of 6Instructions for Form 11399:02 - 16-MAR-2009The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.make the election, attach to theA qualified disaster loss does notA corporation can make ancorporation’s timely filed tax return forinclude any loss from property usedirrevocable election to figure thethe loss year a statement that thein connection with any private orcarryback period for a qualified GOcorporation is electing to have thecommercial golf course, country club,Zone loss without regard to thecarryback period for the NOL undermassage parlor, hot tub facility,special 5-year carryback rule. Tosection 172(b)(1)(C) determinedsuntan facility, or any store for whichmake the election, attach to thewithout regard to the special 10-yearthe principal business is the sale ofcorporation’s timely filed tax return forcarryback rule. If the corporationalcoholic beverages for consumptionthe loss year a statement that thetimely filed its tax return withoutoff premises or any gambling orcorporation is electing to have themaking the election, it can make theanimal racing property. See sectionscarryback period for the NOL underelection on an amended return filed172(j)(4) and 1400N(p)(3) for moresection 1400N(k)(1)(A)(i) determinedwithin 6 months of the due date of thedetails.without regard to the special 5-yearreturn (excluding extensions). Attachcarryback rule. If the corporationThe portion of an NOL that is athe election to the amended returntimely filed its tax return withoutqualified disaster loss can be carriedand write “Filed pursuant to sectionmaking the election, it can make theback 5 years. Any such loss not301.9100-2” on the electionelection on an amended return filedapplied in the 5 preceding years canstatement.within 6 months of the due date of thebe carried forward up to 20 years.return (excluding extensions). AttachFarming Lossthe election to the amended returnThe corporation can make an A farming loss is the smaller of:and write “Filed pursuant to sectionirrevocable election to figure the1. The amount that would be the301.9100-2” on the electioncarryback period for the qualifiedNOL for the tax year if only incomestatement.disaster loss without regard to theand deductions attributable to farmingspecial 5-year carryback rule. ToQualified Recovery Assistancebusinesses (as defined in sectionmake this election, attach to the taxLoss263A(e)(4)) were taken into account,return filed by the due date (includingorTo the extent an NOL is a qualifiedextensions), a statement that the2. The NOL for the tax year.recovery assistance loss, thecorporation is electing to treat thecorporation can carryback that part ofqualified disaster loss without regardTo the extent the NOL is a farmingthe loss 5 years. Any such loss notto the special 5-year carryback rule. Ifloss, the carryback period is 5 years.applied in the 5 preceding years canthe corporation timely filed its returnHowever, the corporation canbe carried forward up to 20 years.without making the election, it can stillmake an irrevocable election to figureSee Publication 4492-A, Informationmake the election on an amendedthe carryback period for a farmingfor Taxpayers Affected by the May 4,return filed within 6 months of the dueloss without regard to the special2007, Kansas Storms anddate of the return (excluding5-year carryback rule. To make thisTornadoes, for a definition andextensions). Attach the election to theelection, attach to the corporation’sdetails.amended return and write “Filedtimely filed tax return for the loss yearpursuant to section 301.9100-2” onThe corporation can make ana statement that the corporation isthe election statement.irrevocable election to figure theelecting to have the carryback periodcarryback period for a qualifiedfor the NOL under sectionQualified Gulf Opportunity Zonerecovery assistance loss without172(b)(1)(G) determined without(GO Zone) Lossregard to the special 5-year carrybackregard to the special 5-year carrybackrule. To make this election, attach toFor tax years beginning in 2008 andrule. If the corporation timely filed itsthe tax return filed by the due datelater, a qualified GO Zone loss is thetax return without making the(including extensions), a statementsmaller of:election, it can make the election onthat the corporation is electing to treatan amended return filed within 61. The NOL for the tax yearthe qualified recovery assistance lossmonths of the due date of the returnreduced by any specified liability losswithout regard to the special 5-year(excluding extensions). Attach theto which a 10-year carryback applies,carryback rule. If the corporationelection to the amended return andortimely filed its return without makingwrite “Filed pursuant to section2. Any depreciation orthe election, it can still make the301.9100-2” on the electionamortization allowable for anyelection on an amended return filedstatement.qualified GO Zone nonresidential realwithin 6 months of the due date of theproperty and residential rentalQualified Disaster Lossreturn (excluding extensions). Attachproperty placed in service during thethe election to the amended returnA qualified disaster loss is the smallertax year and before 2009 andand write “Filed pursuant to sectionof:specified GO Zone extension301.9100-2” on the election1. The sum of:property placed in service during thestatement.a. Any loss occurring in a disastertax year and after 2008 and generallyQualified Disaster Recoveryarea and attributable to a federallybefore 2011 (even if an election wasdeclared disaster (as defined inmade not to claim any specialAssistance Losssection 165(h)(3)(C)), occurringdepreciation allowance for suchTo the extent an NOL is a qualifiedbefore January 1, 2010, andproperty).disaster recovery assistance loss, theb. Any qualified disaster expensescorporation can carry back that partallowable under section 198A (even ifThe portion of an NOL that is aof the loss 5 years. Any such loss notthe corporation did not elect to treatqualified GO Zone loss can be carriedapplied in the 5 preceding years cansuch expenses as qualified disasterback 5 years. Any such loss notbe carried forward up to 20 years.expenses), orapplied in the 5 preceding years canSee Pub. 4492-B, Information for2. The NOL for the tax year.be carried forward up to 20 years.Affected Taxpayers in the Midwestern-3-Page 4 of 6Instructions for Form 11399:02 - 16-MAR-2009The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.Disaster Areas, for a definition andthe election, it can still make theEligible Lossdetails.election on an amended return filedTo the extent the NOL is an eligiblewithin 6 months of the due date of theThe corporation can make anloss, the carryback period is 3 years,return (excluding extensions). Attachirrevocable election to figure thebut only if the corporation meets thethe election to the amended returncarryback period for a qualifiedgross receipts test of section 448(c)and write “Filed pursuant to sectiondisaster recovery assistance lossor is engaged in the trade or business301.9100-2” on the electionwithout regard to the special 5-yearof farming (as defined in sectionstatement.carryback rule. To make this election,263A(e)(4)) for the loss year.attach to the tax return filed by theThe corporation can elect a 3, 4, orFor a corporation, an eligible lossdue date (including extensions), a5-year carryback period for theis any loss attributable to a federallystatement that the corporation isportion of the 2008 NOL that is andeclared disaster (as defined inelecting to treat the qualified disastereligible small business loss. Any suchsection 1033(h)(3)). An eligible lossrecovery assistance loss withoutloss not used in the carryback yearsdoes not include a farming loss, aregard to the special 5-year carrybackcan be carried forward up to 20qualified disaster loss, a qualified GOrule. If the corporation timely filed itsyears. To make this election, theZone loss, a qualified recoveryreturn without making the election, itcorporation must attach to its taxassistance loss, or a qualifiedcan still make the election on anreturn a statement that thedisaster recovery assistance loss. Anamended return filed within 6 monthscorporation is electing, under sectioneligible loss also does not include anof the due date of the return172(b)(1)(H), a 3, 4, or 5-yeareligible small business loss for which(excluding extensions). Attach thecarryback period for its 2008 NOL.the corporation elects a 3, 4, orelection to the amended return andThe return must be filed by the later5-year carryback period.write “Filed pursuant to sectionof its due date (including extensions)301.9100-2” on the electionOnly the eligible loss portion of theor April 17, 2009. If the corporationstatement.NOL can be carried back 3 years.filed its tax return without making theAny such loss not applied in theIf a qualified disaster recoveryelection, it can still make the electionpreceding 3 years can be carriedassistance casualty loss ison an amended return filed within 6!forward up to 20 years.CAUTIONincluded in an NOL that ismonths of the due date of the returntreated as a qualified disaster(excluding extensions) or, if later, byExcess Interest Lossrecovery assistance loss, such aApril 17, 2009. Attach the election toIf the corporation has a corporatecasualty loss cannot be deducted asthe amended return and, if filed afterequity reduction transaction, aa disaster loss occurring in a priorApril 17, 2009, write “Filed pursuantdifferent carryback period may apply.year under section 165(i).to section 301.9100-2” on the electionSee section 172(b)(1)(E).statement. Once made, the election isEligible Small Business Lossirrevocable.Allocation of NOLs when a lossAn eligible small business loss is thecorporation has an ownershipsmaller of:Changing the carryback period. Ifchange. If the corporation has athe corporation has already filed a tax1. The amount that would be theloss for a year and has an ownershipreturn for its 2008 NOL tax year and2008 NOL if only income, gains,change, special rules apply forwants to elect to use a 3, 4, or 5-yearlosses, and deductions attributable toallocating NOLs. For details, seecarryback period for an eligible smalleligible small businesses were takenRegulations section 1.382-6.business loss, the corporation mustinto account, orfile Form 1139 (or an amended2. The 2008 NOL.return) for the earliest tax year toSpecific Instructionswhich it is carrying back its 2008An eligible small business is aNOL. The Form 1139 or amendedsmall business as defined in sectionAddressreturn must be filed by the later of:172(b)(1)(F)(iii), except that its 3-yearInclude the room, suite, or other unitaverage annual gross receipts can be1. 6 months after the due datenumber after the street address. If theup to $15 million (instead of $5(excluding extensions) for filing thePost Office does not deliver mail tomillion). The gross receipts test istax return for the corporation’s 2008the street address and theapplied at the partnership, corporate,NOL tax year, orcorporation has a P.O. box, enter theor sole proprietorship level. The2. April 17, 2009.box number instead of the streetaggregation rules of section 448(c)(2)address.also apply.Enter “2008 NOL CarrybackA 2008 NOL is any NOL for a taxElection Pursuant to Rev. Proc.If the corporation receives its mailyear ending in 2008. However, a2009-19” across the top of the Formin care of a third party (such as anfiscal year corporation can elect to1139 or amended return. If theaccountant or an attorney), enter ontreat an NOL for a tax year beginningcorporation already filed Form 1139the street address line “C/O” followedin 2008 as a 2008 NOL. To make thisor an amended return to claim itsby the third party’s name and streetelection, attach to the tax return for2008 NOL carryback, also enteraddress or P.O. box.the tax year beginning in 2008, a“Amended NOL Carryback ElectionLine 1a—Net Operating Lossstatement that the corporation isPursuant to Rev. Proc. 2009-19”electing under section 172(b)(1)(H) toacross the top of the amended FormIf the corporation is claiming atreat the NOL as a 2008 NOL. The1139 or amended return. If thetentative refund based on thereturn must be filed by the later of itscorporation chooses to file ancarryback of any of the NOLsdue date (including extensions) oramended return, see Filing Formdiscussed under Definitions andApril 17, 2009. If the corporation1120X or Other Amended Return onSpecial Rules, include the amount oftimely filed its return without makingpage 2.the carryback on line 1a. Attach any-4-Page 5 of 6Instructions for Form 11399:02 - 16-MAR-2009The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.statements required. See What Towhen the corporation became aLine 12—Capital LossAttach on page 2.qualified new member of aCarrybackconsolidated group (see QualifiedLine 1b—Net Capital LossEnter the capital loss carryback, butnew members of a consolidatednot more than capital gain netA net capital loss can be carried backgroup on page 1), the corporationincome. Capital gain net income is3 years and treated as a short-termmust answer “Yes” on line 5a andfigured without regard to the capitalcapital loss in the carryback year. Theenter the tax year ending date, name,loss carryback of the loss year or anynet capital loss can be carried backand EIN of the new common parentlater year. Attach a copy of Scheduleonly to the extent it does not increaseon line 5b.D (Form 1120) for the carryback year.or produce an NOL in the tax year toLines 11 through 27—Enter the amount of the capital losswhich it is carried. For special rulescarryback as a positive number onfor capital loss carrybacks, seeComputation of Decrease inline 12.section 1212(a)(3).TaxLine 1c—Unused GeneralIn columns (a), (c), and (e), enter theWhen carrying over a net capitalamount for the applicable carrybackloss to a later tax year, reduce theBusiness Credityear as shown on your original oramount of the net capital loss thatIf a tentative refund is claimed basedamended return or as adjusted by thecan be used in the later years by theon a carryback of an unused generalIRS. If the IRS has not acted on anamount of the net capital lossbusiness credit (GBC), attach a copyamended return, use the amountsdeductions used in the earlier years.of the appropriate credit form for thefrom the amended return and attach aFor details, see section 1212(a)(1).tax year in which the credit arose.copy of it with “Attachment to FormExcept as provided in section 39(d),1139” written across the top.Line 14—NOL Deductionan unused GBC can be carried backUse columns (a) and (b), (c) andSee Definitions and Special Rules on1 year. Refigure the credit for the(d), or (e) and (f) to enter amountspage 2 to figure the carryback period.carryback year on Form 3800,before and after carryback for eachNOLs are first applied to the earliestGeneral Business Credit (or Formyear to which the loss is carried. Startyear in the carryback period. Any8844, Form 5884, Form 6478, Formwith the earliest carryback year. Useunused amount is carried to the next8835, or Form 8846, if applicable).the remaining pairs of columns fortax year in the carryback period. AnySee the instructions for the applicableeach consecutive preceding year untilamount not used during the carrybackcredit form.the loss is fully absorbed. Enter theperiod is carried forward up to 20Line 1d—Otherordinal number of years the loss isyears.being carried back and the date theComplete line 1d if Form 1139 is filedcarryback year ends in the spacesLine 16—Income Taxto claim a tentative refund based onprovided above columns (a) and (b),an overpayment of tax due to a claimIn columns (b), (d), and (f), enter the(c) and (d), or (e) and (f).of right adjustment under sectionrefigured income tax after taking into1341(b)(1). See the instructions foraccount the carryback(s). See theFor example, the loss year is theline 28 on page 6.instructions for the corporate income2008 calendar year and the loss istax return for the applicable year forcarried back 5 years. Enter “5th” andLine 4details on how to figure the tax.“12/31/03” in the spaces providedForeign taxes taken as a credit in aAttach a computation of the refiguredabove columns (a) and (b). Afterprior year can be reduced to zero bytax. Take into account section 1561making the entries, it reads “5ththe carryback of an NOL or a netwhen refiguring the income tax.preceding tax year ended 12/31/03.”capital loss on Form 1139. ANote. Additional Forms 1139 maycorporation must file Form 1120X (orLine 17—Alternativebe needed if the corporation isother amended return) instead ofcarrying back an NOL to more than 3Minimum TaxForm 1139 to carry back a prior yearpreceding tax years. On theFor columns (b), (d), and (f), refigureforeign tax credit released due to anadditional forms, complete lines 11the alternative minimum tax.NOL or net capital loss carryback.through 27 for each additionalComplete and attach Form 4626 forSee Filing Form 1120X or Otherpreceding tax year as necessary.the appropriate year.Amended Return on page 2.Skip lines 1 through 10 and do notLimit on alternative tax NOLLine 5sign the additional forms.deduction. If the corporation carriesIf the common parent of aWhen completing lines 16 throughback any portion of an alternative taxconsolidated group files Form 1139 to25, take into account any write-inNOL (ATNOL) based on an NOLcarry back a loss or credit arising in aamounts that may have appeared oncarryback attributable to qualifiedcorporation’s separate return year tothe original return. For example, for adisaster losses, qualified GO Zonea year in which the corporation joinedtax year beginning in 2008, if Formlosses, qualified recovery assistancein the filing of a consolidated return,1120, Schedule J, line 2, waslosses, or qualified disaster recoverythe IRS is required to send the refundincreased by deferred tax underassistance losses, thefor that year directly to, and in thesection 1291, include that amount on90%-of-alternative-name of, the common parent (orline 16.minimum-taxable-income (AMTI) limitagent designated under Regulationsdoes not apply to such portion of theLine 11—Taxable Incomesection 1.1502-77(d) for thealternative tax NOL deductioncarryback year). See RegulationsFrom Tax Return(ATNOLD). To determine thesections 1.1502-78(a) and (b).Enter in columns (b), (d), and (f) theATNOLD for the carryback year, seeIf the corporation is filing Formamounts from columns (a), (c), andsection 56(d)(1)(A). Also, see the1139 for a short tax year created(e), respectively.Instructions for Form 4626.-5-Page 6 of 6Instructions for Form 11399:02 - 16-MAR-2009The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.such as recapture taxes, that willInternal Revenue law. Generally, taxLine 19—General Businessapply in that year. If an entry is madereturns and return information areCrediton line 24, identify the taxes on anconfidential, as required by sectionIn columns (b), (d), and (f), enter theattached statement.6103.total of the corrected GBCs. Attach allThe time needed to complete andapplicable Forms 3800, 5884, 8844,Line 28—Overpayment offile this form will vary depending on6478, 8835, 8846, and 8884 used toTax Under Section 1341(b)(1)individual circumstances. Theredetermine the GBC. Also, see theFor a tentative refund based on anestimated average time is:instructions for line 1c.overpayment of tax under sectionReleased general business credits.1341(b)(1), enter the overpayment onRecordkeeping . . . . . .27 hr., 1 min.If an NOL carryback or a net capitalline 28 and attach a computationLearning about the lawloss carryback eliminates or reducesshowing the information required byor the form . . . . . . . . . 3 hr., 43 min.a GBC in an earlier tax year, theRegulations section 5.6411-1(d).released GBC can be carried back 1Preparing the form. .8 hr., 59 min.year.Paperwork Reduction Act Notice.Copying, assembling,We ask for the information on thisSee section 39 and theand sending the form toform to carry out the InternalInstructions for Form 3800 (or Formsthe IRS . . . . . . . . . . . .1 hr., 20 min.Revenue laws of the United States.5884, 8844, 6478, 8835, 8846, orYou are required to give us the8884) for more details on GBCIf you have comments concerninginformation. We need it to ensure thatcarrybacks.the accuracy of these time estimatesyou are complying with these lawsor suggestions for making this formLine 20—Other Creditsand to allow us to figure and collectsimpler, we would be happy to hearthe right amount of tax.See the corporation’s tax return forfrom you. You can write to thethe carryback year for any additionalYou are not required to provide theInternal Revenue Service, Taxcredits such as the nonconventionalinformation requested on a form thatProducts Coordinating Committee,source fuel credit, the possessionsis subject to the Paperwork ReductionSE:W:CAR:MP:T:T:SP, 1111tax credit, etc., that will apply in thatAct unless the form displays a validConstitution Ave. NW, IR-6526,year. If any entry is made on line 20,OMB control number. Books orWashington, DC 20224. Do not sendattach a statement identifying therecords relating to a form or itsthe form to this office. Instead, seecredits claimed.instructions must be retained as longWhere To File on page 1.as their contents may becomeLine 24—Other Taxesmaterial in the administration of anyFor columns (b), (d), and (f), refigureany other taxes not mentioned above,-6-