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Taxpayers to fax Forms 1139 and 1045 to claim AMT and NOL refund

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April 2020


The IRS on April 13 announced that, beginning April 17, 2020, and until further notice, it is implementing temporary procedures directing taxpayers to file via fax Form 1139, Corporation Application for Tentative Refund, and Form 1045, Application for Tentative Refund, to claim quick refunds of the credit for prior-year alternative minimum tax (AMT) of corporations and net operating loss (NOL) deductions. This acceptance of faxed versions of these forms is meant as a short-term measure to assist taxpayers in receiving refunds provided under the CARES Act as quickly as possible. This temporary procedure is in response to the COVID-19 pandemic and to implement the applicable provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and will not become permanent.

The takeaway

The IRS will be processing all Forms 1139 and 1045 claims for refund on a first-in, first-out basis. Accordingly, it is critical that all submissions are properly prepared in accordance with IRS instructions (see our insight, Using tentative refund procedures to access cash from estimated tax overpayment, new NOL carryback) and do not exceed limitations for the number of pages that may be faxed.

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Kevin Brown

Principal, Tax Controversy and Regulatory Services Leader, PwC US

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