Loopholes > Federal > Extension of Time for Payment of Taxes by Corporations Expecting Carrybacks
TIMING HIGH SAVINGS BUSINESS

Extension of Time for Payment of Taxes by Corporations Expecting Carrybacks

IRC §6164

Corporations expecting a net operating loss in the current year can extend the time for payment of taxes for the immediately preceding taxable year.

Eligibility

Must be a corporation that files a statement (Form 1138) predicting a net operating loss carryback from the current taxable year.

Frequently Asked Questions

Who is eligible for the Extension of Time for Payment of Taxes by Corporations Expecting Carrybacks?

Must be a corporation that files a statement (Form 1138) predicting a net operating loss carryback from the current taxable year.

How does the Extension of Time for Payment of Taxes by Corporations Expecting Carrybacks work?

Corporations expecting a net operating loss in the current year can extend the time for payment of taxes for the immediately preceding taxable year.

What law authorizes the Extension of Time for Payment of Taxes by Corporations Expecting Carrybacks?

The Extension of Time for Payment of Taxes by Corporations Expecting Carrybacks is authorized under IRC §6164 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §6164

Source: Internal Revenue Code, Title 26, United States Code

§ 6164. Extension of time for payment of taxes by corporations expecting carrybacks(a) In generalIf a corporation, in any taxable year, files with the Secretary a statement, as provided in subsection (b), with respect to an expected net operating loss carryback from such taxable year, the time for payment of all or part of any tax imposed by subtitle A for the taxable year immediately preceding such taxable year shall be extended, to the extent and subject to the conditions and limitations hereinafter provided in this section. (b) Contents of statementThe statement shall be filed at such time and in such manner and form as the Secretary may by regulations prescribe. Such statement shall set forth that the corporation expects to have a net operating loss carryback, as provided in section 172(b), from the taxable year in which such statement is made, and shall set forth, in such detail and with such supporting data and explanation as such regulations shall require—(1) the estimated amount of the expected net operating loss; (2) the reasons, facts, and circumstances which cause the corporation to expect such net operating loss; (3) the amount of the reduction of the tax previously determined attributable to the expected carryback, such tax previously determined being ascertained in accordance with the method prescribed in section 1314(a); and such reduction being determined by applying the expected carryback in the manner provided by law to the items on the basis of which such tax was determined; (4) the tax and the part thereof the time for payment of which is to be extended; and (5) such other information for purposes of carrying out the provisions of this section as may be required by such regulations. The Secretary shall, upon request, furnish a receipt for any statement filed, which shall set forth the date of such filing.

Showing first 3,000 characters of full section text.