2023-09-19How to Amend U.S. Business Income Tax Returns
(1) |
Overstated profits lead to overstated income tax liabilities, in this situation, a refund of excessive taxes would be requested on the amended income tax return. |
(2) |
Understated profits lead to understated income tax liabilities, in this situation, in addition to paying the underpaid income tax, the motivation of the taxpayer is probably the potential risk of facing penalties and interest. |
(3) |
Apply for income tax refund by using an NOL (Net Operating Loss) carryback or foreign tax credit carryback. |
(1) |
Time limits for the statutory assessment (a) In accordance with standard practice, the IRS typically has a period of three years starting from the date of the tax return filing or three years from the date of any payment made towards the tax liability, within which they can evaluate and impose any additional tax. (b) Significant omissions of total income (exceeding 25 percent) permit a duration of six years for an assessment. (c) In regard to fraudulent returns, there is no specified timeframe for conducting assessments. |
(2) |
Time limits for amended income tax returns In accordance with the IRC, there are specific time limits, usually set at three years, within which individuals are permitted to submit an amended tax return. The IRC also establishes a time limit for refund claims, which must typically be filed no later than three years after the initial return was filed or two years from the date the tax payment was made. In particular, carryback claims to offer an extended time limit for amending tax returns. To illustrate, claims for foreign tax credits can be carried back up to a period of 10 years. It is noted that carrybacks frequently have implications for multiple years, as they can impact subsequently filed returns and may require the submission of additional amended income tax returns. The IRC regulates that refunds are typically not granted if the specified time limits are not adhered to through the submission of a timely amended income tax return. |
(1) |
For individual returns, including sole proprietorships, the required form is Form 1040X. |
(2) |
For corporations, the required form is Form 1120X. |
(3) |
For partnerships, the relevant form is Form 1065X. Form 8082 may also be required for partnership-amended returns. |
(4) |
For S-corporations, the required form is Form 1120S (check box H (4) on page 1 to indicate an amended return). |