From the 08 Form 1045 instructions:
When to file
You must file Form 1045 within 1 year after the end of the year in which an NOL, unused credit, a net section 1256 contracts loss, or claim of right of adjustment arose.
Exception. If you have an eligible small business loss arising in a tax year ending before February 17, 2009, and you are filing Form 1045 to elect a 3,4, or 5 year carryback period, you must file Form 1045 by the later of the regular due date (discussed above) or April 17th, 2009
My 08 form 1040 Sch C (probably ESB) NOL client filed an ext (08 form 1045 include ext in due date) therefore the regular "due date" would be no later then Oct 15, 2009. Am I correct?
If so my client can begin his carryback in tax year 2003, correct?
When to file
You must file Form 1045 within 1 year after the end of the year in which an NOL, unused credit, a net section 1256 contracts loss, or claim of right of adjustment arose.
Exception. If you have an eligible small business loss arising in a tax year ending before February 17, 2009, and you are filing Form 1045 to elect a 3,4, or 5 year carryback period, you must file Form 1045 by the later of the regular due date (discussed above) or April 17th, 2009
My 08 form 1040 Sch C (probably ESB) NOL client filed an ext (08 form 1045 include ext in due date) therefore the regular "due date" would be no later then Oct 15, 2009. Am I correct?
If so my client can begin his carryback in tax year 2003, correct?