Independent form guide. BrieflyGo is not affiliated with or endorsed by IRS, USCIS, SSA, DOL, or any U.S. government agency. Official forms are sourced from public government websites.
Official form guide
Form 1138: Extension of Time for Payment of Taxes by a Corporation Expecting a Net Operating Loss Carryback
IRS Form 1138 is used to extend the time for payment of taxes by a Corporation Expecting a Net Operating Loss Carryback. This form allows postponement up to the expected overpayment from the carryback.
Need help with Form 1138?
Open it in the AI Editor for field guidance, checks, and PDF export.
Need help? AI Editor guides you through every field of Form 1138.
Start filling →Form Overview
IRS Form 1138 - Extension of Time for Payment of Taxes by a Corporation Expecting a Net Operating Loss Carryback
IRS Form 1138 is used to extend the time for payment of taxes by a Corporation Expecting a Net Operating Loss Carryback. This form allows postponement up to the expected overpayment from the carryback.
Risk Radar
Scan points- 1Do not file Form 1138 if all required tax payments have already been paid or were required to be paid.
- 2Filing without basing the NOL on all facts (e.g., omitting canceled contracts).
- 3Not ensuring line 6c does not exceed the amount shown on line 3 of the return.
- 4Failing to file before the preceding tax year's payment is required.
- 5Omitting necessary accompanying schedules or statements when filing Form 1138.
Plain English
This form lets a corporation delay paying its tax bill because it expects to have a net operating loss (NOL) in the current year that can be used to offset taxes from previous years. If filed correctly, this postpones payments required after the filing date and allows for adjustments if the expected NOL changes later.
Submission Date
- Filing date: 2018-11-29 22:00:06
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
AI co-pilot
Fill it faster. Catch mistakes before you file.
What this form is for
- Use this form when a corporation expects an Net Operating Loss (NOL) in the current tax year that can be carried back to its preceding tax year, allowing extension of payment for that preceding year's tax.
- Do not use this form if all required payments have already been paid or were required to have been paid.
- Check Form 7004 instead when filing concurrently with the Application for Automatic Extension of Time To File Certain Business Income Tax, Information, and Other Returns.
Form selector
Use this form or another form?
Tax deficiency payment extension
The form allows extending time for payment even if it is a tax deficiency.
✓ Check lines 6a, 6b, and 6c.
Revised NOL amount filed later
If the NOL increases, you can postpone more tax; if it decreases, you must pay the difference back.
✓ Verify calculation on line 3.
Filing with automatic extension
Filing Form 1138 together with Form 7004 reduces or eliminates the amount due when Form 7004 is filed.
✓ Ensure both forms are submitted together.
Deadline or filing window
The filing window requires submission after the start of the expected NOL's tax year but before the preceding tax year's liability is due. If filed, the postponement cannot exceed the expected overpayment from the carryback. The IRS can terminate this extension if it believes collection may not be possible.
Checklist
What you need before filling it out
Line 1 (Ending date of NOL tax year)
Date of the expected net operating loss (NOL) tax year · Form p.1
Line 2 (Amount of expected NOL)
Dollar amount of the expected Net Operating Loss · Form p.1
Line 3 (Reduction attributable to carryback)
Amount of previously determined tax reduced by the expected NOL carryback · Form p.1
Lines 6a, 6b, 6c (Amount for extension)
Total Tax - Amounts Paid/Credited = Net Payable Extension Amount · Form p.1
Filing Deadline
File after the start of the expected NOL tax year but before the preceding tax is required to be paid · Form p.2
Address Details
Include suite/room number, use P.O. box if necessary, or note C/O party · Form p.2
Interest Calculation
Interest is figured at the underpayment rate specified in section 6621 · Form p.1 / p.2
Before you submit
- 1Confirm the corporation's Employer identification number (EIN) is accurately entered.
- 2Verify that Line 1 reflects the correct ending date of the expected NOL tax year.
- 3Ensure Line 2 contains the exact dollar amount of the expected Net Operating Loss.
- 4Check that the reduction on Line 3 matches the attached schedule calculation.
- 5Confirm that Line 6c (the final extension amount) is not greater than the amount on Line 3.
- 6Verify that a signature, date, and title are present in Section 6c.
- 7If filing with Form 7004, confirm both documents are submitted together.
How to file this form
- 1Complete all required fields on IRS Form 1138 (Rev. 11-2018), including the EIN and address details.
- 2Calculate and enter the amounts for Lines 6a, 6b, and Line 6c to determine the exact tax amount being extended.
- 3Attach any necessary schedules referenced on Form 1138, especially those supporting Line 3 (Reduction of previously determined tax).
- 4Sign and date Form 1138 under penalties of perjury in Section 6c.
- 5File Form 1138 with the IRS Center where the corporation files its income tax return before the preceding year's tax is due.
- 6If filing concurrently, submit Form 1138 along with Form 7004 (Application for Automatic Extension of Time To File Certain Business Income Tax, Information, and Other Returns).
- 7Keep a copy of the fully executed Form 1138 for corporate records.
Known limitations
- 1The extension applies to tax payment that is required to be paid after the filing of Form 1138.
- 2The payment that can be postponed cannot exceed the expected overpayment from the carryback of the Net Operating Loss (NOL).
- 3If a corporation previously filed Form 1138 and later finds information changing the expected NOL amount, it can file a revised Form 1138.
- 4The 2-year carryback rule generally does not apply to NOLs arising in tax years ending after December 31, 2017 (exceptions exist for certain farming losses and insurance companies).
Field map
Compact field-by-field guide
General Info
2 items
Full legal name and taxpayer identification number (SSN or EIN).
Current mailing address.
Details
2 items
Complete all applicable sections of this form according to the official IRS instructions.
Enter the relevant dollar amount if this form involves tax calculation.
Certification
1 items
Read and acknowledge any certifications required by this form.
Signatures
1 items
Sign and date. Unsigned forms cannot be processed.
Almost done reviewing the fields?
Fillable formOpen in Editor->The current edition is Revision November 2018 (Rev. 11-2018). The form directs users to www.irs.gov/Form1138 for the latest information regarding Form 1138 and its instructions.
What changed or needs a fresh check
- Edition date — confirm the revision reads November 2018 (Rev. 11-2018).
- Form number — confirm the title specifies Form 1138.
- Mailing address — verify the IRS contact address is 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224 (if sending comments).
- Signature — ensure an officer signs and dates the form under penalties of perjury.
- Field completion — confirm Line 3 does not exceed the amount entered on Line 2.
- Purpose confirmation — verify that the expected NOL is being carried back to a preceding tax year.
Quick Facts
Downloads
After you file
- 1Keep a copy of Form 1138 for records.
- 2If filing with Form 7004, the amount to be deposited when Form 7004 is filed will be reduced or eliminated by Form 1138.
- 3The general extension expires at the end of the month in which the return for the tax year of the expected NOL is required to be filed (including extensions).
- 4If filing with Form 7004, file Form 1138 with the Internal Revenue Service Center at the applicable address where the corporation files Form 7004.
- 5The IRS can terminate the extension if it believes any part of the form contains erroneous or unreasonable information.
Sources
- SRCForm 1138 (Rev. November 2018) is used to extend time for payment of taxes by a Corporation Expecting a Net Operating Loss Carryback (Instructions p.2).
- SRCThe extension applies to tax payment that can be postponed, up to the expected overpayment from the carryback of the NOL (Form p.2).
- SRCIf filing with Form 7004, Form 1138 reduces or eliminates the amount of tax to be deposited when Form 7004 is filed (Form p.2).
- SRCFile 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 (Form p.2).
- SRCThe general extension expires at the end of the month in which the return for the tax year of the expected NOL is required to be filed (including extensions) (Form p.2).
- SRCIf filing with Form 7004, file Form 1138 with the IRS Center at the applicable address where the corporation files Form 7004 (Form p.2).
Common confusion points
What is the amount eligible for extension on Line 6c?
It is the result of subtracting amounts already paid/credited (Line 6b) from the total tax plus deficiencies/penalties (Line 6a), but it cannot be more than the expected NOL reduction shown on Line 3.
→ Ensure Line 6c does not exceed the amount entered on Line 3.
When must I file Form 1138?
File after the start of the tax year of the expected NOL, but before the tax for the preceding tax year is required to be paid.
→ Check your filing date against the required payment dates.
Do I need to file this form if all my taxes are already paid?
No, do not file Form 1138 if all the required payments have been paid or were required to have been paid.
→ Review Lines 6a and 6b before submitting.
What happens if I increase the expected NOL later?
The corporation can postpone a larger amount of tax as long as that larger amount has not yet been paid or is not yet required to be paid.
→ File a revised Form 1138 reflecting the increased NOL.
What happens if I decrease the expected NOL later?
The corporation must pay the tax to the extent that the amount postponed on the original filing exceeds the amount postponed on the revised filing.
→ Calculate the difference and remit the necessary additional payment.
Where should I send Form 1138 if I file it alone?
Generally, file with the Internal Revenue Service Center where the corporation files its income tax return.
→ Confirm the specific IRS Center address based on your standard filing location.
Workflow map
Related forms and next steps
Before
Current
After
Often used with
⚠ If something goes wrong
- A revised Form 1138 is filed when new information changes the expected NOL amount.
Questions about IRS Form 1138
What is IRS Form 1138 used for?
This form lets a corporation delay paying its tax bill because it expects to have a net operating loss (NOL) in the current year that can be used to offset taxes from previous years. If filed correctly, this postpones payments required after the filing date and allows for adjustments if the expected NOL changes later.
Who must file IRS Form 1138?
A corporation that expects to incur an NOL in the current tax year that can be carried back to its preceding tax year must file Form 1138.
What information does IRS Form 1138 require?
The form collects details on the amount being extended (Line 6c), which is calculated by subtracting amounts already paid/refunded (Line 6b) from total tax plus deficiency/interest (Line 6a). It also requires a declaration signed by an officer under penalties of perjury.
When is IRS Form 1138 due?
Form 1138 must be filed 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.
Where do I file IRS Form 1138?
Generally, file Form 1138 with the Internal Revenue Service Center where the corporation files its income tax return. The form can be filed separately or together with Form 7004.
How do I complete IRS Form 1138?
First, complete lines 6a, 6b, and calculate line 6c (the amount being extended). Next, fill out any accompanying schedules or statements. Finally, an officer must sign the form and provide their title before sending it in.
What happens if IRS Form 1138 is filed incorrectly?
If the corporation fails to declare correctly, interest is charged on postponed amounts from the dates payments would normally be due based on the underpayment rate in section 6621.
What is the amount eligible for extension on Line 6c?
It is the result of subtracting amounts already paid/credited (Line 6b) from the total tax plus deficiencies/penalties (Line 6a), but it cannot be more than the expected NOL reduction shown on Line 3. Ensure Line 6c does not exceed the amount entered on Line 3.
Source transparency
Copyright & Licensing - US Government Forms
BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.
Understand the agreement before you sign it.
Review risky clauses in plain English, fix the document, and keep it moving toward signature.