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The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
the claim on which accuracy-related or fraud penalties are
charged.
Penalty for frivolous return. In addition to any other penalties,
the law imposes a penalty of $5,000 for filing a frivolous return. A
frivolous return is one that doesn’t contain information needed to
figure whether the reported tax is substantially correct or shows
a substantially incorrect tax because you take a frivolous position
or desire to delay or interfere with the tax laws. This includes
altering or striking out the preprinted language above the space
where you sign. For a list of positions identified as frivolous, see
Notice 2010-33, 2010-17 I.R.B. 609, available at
IRS.gov/irb/
2010-17_IRB#NOT-2010-33.
Other penalties. Other penalties can be imposed for
negligence, substantial understatement of income tax,
reportable transaction understatements, and fraud. See Pub. 17,
Your Federal Income Tax, for more information.
When To File
File Form 1040-X only after you have filed your original return.
You may amend your original return by filing Form 1040-X more
than once, as long as each Form 1040-X is filed timely.
Generally, for a credit or refund, you must file Form 1040-X within
3 years (including extensions) after the date you filed your
original return or within 2 years after the date you paid the tax,
whichever is later. If you filed your original return early (for
example, March 1 for a calendar year return), your return is
considered filed on the due date (generally April 15). However, if
you had an extension of time to file (for example, until October
15) but you filed earlier and we received it on July 1, your return
is considered filed on July 1. The time limit for filing a claim for
credit or refund on a Form 1040-X can be suspended for certain
people who are physically or mentally unable to manage their
financial affairs. For details, see Pub. 556, Examination of
Returns, Appeal Rights, and Claims for Refund.
After the due date for an original return has passed,
don't file any additional original returns for the same
year, even if you haven't received your refund or haven't
heard from the IRS since you filed. Filing an additional original
return after the due date or sending in more than one copy of the
same return (unless we ask you to do so) could delay your
refund.
Postponed 2020 individual income tax returns. The
lookback period is generally equal to 3 years plus the period of
any extension of time for filing the return. However, when the
Form 1040-X or other claim for refund is filed more than 3 years
after the taxpayer's return was filed, the lookback period is 2
years. Income tax withheld and estimated tax are considered
paid on the due date of the return (generally April 15).
For the following affected taxpayers, Notice 2023-21
increases the lookback period when amending 2020 returns to
claim a credit or refund of taxes. Affected taxpayers are
individual taxpayers whose returns were due on April 15, 2021,
and who did not receive a filing extension. An affected taxpayer
who filed their 2020 return after April 15, 2021, but on or before
May 17, 2021, because of the postponement provided by Notice
2021-21 may be refunded all income tax payments for 2020 if
they file their claim for refund within 3 years of the date they filed
their original return. An affected taxpayer who filed their 2020
return after May 17, 2021, may be refunded all income tax
payments for 2020 if they file their claim for refund by Friday, May
17, 2024.
The additional time, provided in Notice 2023-21, to file an
amended return is automatic. Taxpayers do not need to contact
the IRS, file any form, or send letters or other documents to
receive this relief.
Federally declared disasters.
If you were affected by a
federally declared disaster, you may have additional time to file a
claim for credit or refund on your amended return. See Pub. 556
and IRS.gov/Businesses/Small-Businesses-Self-Employed/
Disaster-Assistance-and-Emergency-Relief-for-Individuals-and-
Businesses for details.
Combat zones and contingency operations. The due date
for claiming a credit or refund on your amended return may be
automatically extended when you are in, or are hospitalized as a
result of injuries sustained in, a combat zone or contingency
operation. For more details, see Pub. 3, Armed Forces' Tax
Guide.
Bad debt or worthless security. A Form 1040-X to claim a
credit or refund based on a bad debt or worthless security must
generally be filed within 7 years after the due date of the return
for the tax year in which the debt or security became worthless.
For more details, see section 6511.
Foreign tax credit or deduction. A Form 1040-X to claim a
foreign tax credit or to change from claiming a deduction to
claiming a credit for foreign income taxes must generally be filed
within 10 years from the due date for filing the return (without
regard to any extension of time to file) for the year in which the
foreign income taxes were actually paid or accrued. A Form
1040-X to claim a deduction or to change from claiming a credit
to claiming a deduction for foreign income taxes must generally
be filed within 3 years after the date you filed your original return
or within 2 years after the date you paid the tax, whichever is
later. The period for filing a Form 1040-X to claim or change an
election to claim a foreign tax credit or deduction may be
extended by an agreement. You make or change your election
on your Form 1040-X for the year your election is to be effective.
For details, see Pub. 514, Foreign Tax Credit for Individuals. The
extended 10-year period for filing Form 1040-X to claim a foreign
tax credit or to change from claiming a deduction to claiming a
credit applies
only to amounts affected by changes in your
foreign tax credit. See the Instructions for Form 1116, Foreign
Tax Credit, for more information.
If you are filing Form 1040-X to carry back your unused
foreign tax credit, follow the procedures under
Loss or credit
carryback next.
Loss or credit carryback. File either Form 1040-X or Form
1045 to apply for a refund based on either an overpayment of tax
due to a claim of right adjustment under section 1341(b)(1) or
the carryback of a net operating loss (NOL) (but see
Net
operating losses, later), a foreign tax credit, an unused general
business credit, or a net section 1256 contracts loss. If you use
Form 1040-X, see the special instructions for carryback claims in
these instructions under
Special Situations, later. File Form
1040-X for each tax year to which an NOL, a capital loss
carryback, a credit carryback, or a foreign tax credit is carried.
Write or type “Carryback Claim” at the top of page 1. Form
1040-X must generally be filed within 3 years after the due date
of the return (including extensions) for the tax year in which the
NOL, capital loss, or unused credit arose (within 10 years after
the due date of the return (without extensions) for the tax year in
which the foreign tax credit arose). If you use Form 1045, you
must file the claim within 1 year after the end of the year in which
the loss, credit, or claim of right adjustment arose. For more
details, see the Instructions for Form 1045.
Net operating losses (NOLs). An individual must file Form
1040-X 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.
Instructions for Form 1040-X (Rev. September 2024)
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