In general
(a) If a corporation, in any taxable year, files with the Director a statement, as provided in subsection (b) of this section, with respect to an expected net operating loss carryback from such taxable year, the time for payment of all or part of any tax imposed by the Virgin Islands income tax law for the taxable year immediately preceding such taxable year shall be extended, to the extent and subject to the conditions and limitations hereinafter provided in this section.
Contents of statement
(b) The statement shall be filed at such time and in such manner and form as the Director may by regulations prescribe. Such statement shall set forth that the corporation expects to have a net operating loss carryback, as provided in section 172(b) of the Virgin Islands income tax law, from the taxable year in which such statement is made, and shall set forth, in such detail and with such supporting data and explanation as such regulations shall require
(1) the estimated amount of the expected net operating loss;
(2) the reasons, facts and circumstances which cause the corporation to expect such net operating loss;
(3) the amount of the reduction of the tax previously determined attributable to the expected carryback, such tax previously predetermined being ascertained in accordance with the method prescribed in section 1314(a) of the Virgin Islands income tax law; and such reduction being determined by applying the expected carryback in the manner provided by law to the items on the basis of which such tax was determined;
(4) the tax and the part thereof the time for payment of which is to be extended; and
(5) such other information for purposes of carrying out the provisions of this section as may be required by such regulations.
The Director shall, upon request, furnish a receipt for any statement filed, which shall set forth the date of such filing.Amount to which extension relates and installment payments
(c) The amount the time for payment of which may be extended under subsection (a) of this section with respect to any tax shall not exceed the amount of such tax shown on the return, increased by any amount assessed as a deficiency (or as interest or addition to the tax) prior to the date of filing the statement and decreased by any amount paid or required to be paid prior to the date of such filing, and the total amount of the tax the time for payment of which may be extended shall not exceed the amount stated under subsection (b)(3) of this section. For purposes of this subsection, an amount shall not be considered as required to be paid unless shown on the return or assessed as a deficiency (or as interest or addition to the tax), and an amount assessed as a deficiency (or as interest or addition to the tax) shall be considered to be required to be paid prior to the date of filing of the statement if the 10th day after notice and demand for its payment occurs prior to such date. If an extension of time under this section relates to only a part of the tax, the time for payment of the remainder shall be considered to be the dates on which payments would have been required if such remainder has been the tax and the taxpayer had elected to pay the tax in installments as provided in section 862 of this title.
Period of extension
(d) The extension of time for payment provided in this section shall expire—
(1) on the last day of the month in which falls the last date prescribed by law (including any extension of time granted the taxpayer) for the filing of the return for the taxable year of the expected net operating loss, or
(2) if an application for tentative carryback adjustment provided in section 1131 of this title with respect to such loss is filed before the expiration of the period prescribed in paragraph (1), on the date on which notice is mailed by registered mail by the Director to the taxpayer that such application is allowed or disallowed in whole or in part.
Revised statements
(e) Each statement filed under subsection (a) of this section with respect to any taxable year shall be in lieu of the last statement previously filed with respect to such year. If the amount the time for payment of which is extended under a statement filed is less than the amount under the last statement previously filed, the extension of time shall be terminated as to the difference between the two amounts.
Termination
(f) The Director is not required to make any examination of the statement, but he may make such examination thereof as he deems necessary and practicable. The Director shall terminate the extension as to any part of the amount to which it relates which he deems should be terminated because, upon such examination, he believes that, as of the time such examination is made, all or any part of the statement clearly is in a material respect erroneous or unreasonable.
Payments on termination
(g) If an extension of time is terminated under subsection (e) or (f) of this section with respect to any amount, then—
(1) no further extension of time shall be made under this section with respect to such amount; and
(2) the time for payment of such amount shall be considered to be the dates on which payments would have been required if there had been no extension with respect to such amount and the taxpayer had elected to pay the tax in installments as provided in section 862 of this title.
Jeopardy
(h) If the Director believes that collection of the amount to which an extension under this section relates is in jeopardy, he shall immediately terminate such extension, and notice and demand shall be made by him for payment of such amount.
Consolidated returns
(i) If the corporation seeking an extension of time under this section made or was required to make a consolidated return, either for the taxable year within which the net operating loss arises or for the preceding taxable year affected by such loss, the provisions of such section shall apply only to such extent and subject to such conditions, limitations, and exceptions as the Director may by regulations prescribe.