Net Operating Loss Carry Over and Carry Back – IRS Publication 536 – IRC 172 + 6511

Generally speaking a net operating loss (NOL) for any tax year may be carried back two years and forward 20 years under Internal Revenue Code Sec. 172(b)(1)(A). A three-year carry back period applies to NOLs arising from property losses of individuals due to fire, storm, shipwreck, or other casualty, or from theft. It also applies to small businesses (average…

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How to Account for Net Operating Loss when Merging Entities

You can merge both a profitable entity with an entity that has a Net Operating Loss assuming that both entities have common ownership or sufficient overlap and a limited history of owner shifts. The Net Operating Loss of the dissolved entity can be utilized for the surviving entity according to Section 381 of the Internal…

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5 year N.O.L. carry back expands

Large and midsized companies can now take advantage of expanded net operating loss carryback rules to use the losses they incurred during the economic downturn to reduce their income from prior tax years. The Worker, Homeownership and Business Assistance Act of 2009, which President Obama signed earlier this month, allows midsized and large businesses to…

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Net Operating Losses

Sec. 172(a) allows taxpayers to deduct against a tax year’s income those net operating losses both carried over to the tax year from previous tax years and carried back from later tax years. An NOL basically is the excess of allowed deductions over gross income. It does not include losses, however, that are disallowed because…

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