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Under Section 6164 of the Internal Revenue Code.
A corporation that expects a net operating loss (NOL) in the current tax year can file Form 1138 to extend the time for payment of tax for the immediately preceding tax year. This includes extending the time for payment of a tax
deficiency. The payment of tax that can be postponed cannot
exceed the expected overpayment from the carryback of the
NOL.
File Form 1138 after the start of the tax year of the expected NOL but before the tax of the preceding tax year is required to be paid. Generally, file Form 1138 with the Internal Revenue Service Center where the corporation files its income tax return.
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