Understanding Net Operating Loss
I want you to know that a net operating loss, or NOL, is what happens when your business's expenses outstrip its income, creating a loss you can use to cut down on future taxes.
You might be wondering how companies recover from a bad year—well, an NOL can turn that loss into a tax break later on. It's not ideal to spend more than you make, but it's common for startups or businesses in up-and-down sectors like construction or retail. Through loss carryforwards, you can apply that NOL to reduce taxes when profits return.
What Exactly Is an NOL?
Let me explain: an NOL arises when your allowable tax deductions surpass your taxable income in a given period. This often occurs in the early days of a business when costs run high, or in industries with big swings in earnings.
The U.S. tax code provides a cushion here. If you have an NOL one year, you don't just eat the loss right then—the IRS lets you apply it to offset taxes in profitable years ahead. This evens out your tax burden over time and eases the strain during rough patches.
Keep in mind, the rules have shifted a lot lately. As of now, you can carry NOLs forward forever until they're used up, but you're limited to offsetting 80% of taxable income in any single year. This way, you spread the benefits over time, which can help with cash flow as your business rebounds.
NOL Carryforward Rules
These rules have evolved due to the TCJA, CARES Act, and the 2022 Inflation Reduction Act. Here's what you need to know directly: you can carry NOLs forward indefinitely, a big shift from the old 20-year cap, giving you more time to use them.
But there's an 80% limit—for years after 2020, your NOL deduction can't exceed 80% of that year's taxable income. So, even with enough losses to wipe out all income, you'll still pay tax on 20%.
It's a two-tier setup: losses from before 2018 can offset 100% of income, while post-2017 ones are limited to 80% after those are applied. Generally, no carrybacks are allowed, except for farming losses which get two years back. For noncorporate folks like you if you're an individual, excess business losses over $305,000 (or $610,000 joint) in 2024 become NOL carryforwards.
The 80% is calculated on taxable income before certain deductions, like Section 199A or 250. This complexity means you have to track loss origins carefully.
Implications for Your Business
These changes affect how you manage cash flow—no carrybacks mean no quick refunds in bad years. For long-term planning, though, indefinite carryforwards let you reduce taxes in good years ahead.
How to Calculate an NOL
Start with your taxable income or loss before any NOL deduction. Add back prior NOL carryovers, subtract nonbusiness deductions over nonbusiness income, remove excess capital losses, and exclude Section 1202 gains.
If you're an individual, use the worksheet in IRS Publication 536; estates and trusts have similar steps. For instance, if you have $700,000 income and $900,000 deductions, that's a $200,000 loss, but adjust it per the rules for the final NOL.
Historical Changes in NOL Rules
Before 2017, you could carry back two years and forward 20. The TCJA ended most carrybacks, made forwards indefinite, and added the 80% limit. The CARES Act temporarily allowed five-year carrybacks for 2018-2020 and paused the 80% rule until 2021.
Now, it's back to no general carrybacks (except farming), indefinite forwards, and the 80% cap.
Restrictions After Ownership Changes
If your corporation sees over 50% ownership shift in three years, Section 382 limits annual NOL use to the company's pre-change value times the long-term tax-exempt rate. Say it's $1 million at 5%—that's $50,000 per year max.
Example of NOL Application
Take a startup with a $500,000 NOL in year one and $400,000 income in year two. You can deduct up to 80% of $400,000, so $320,000, leaving $80,000 taxable and $180,000 to carry forward.
The Bottom Line
An NOL isn't great, but carryforwards provide relief by cutting future taxes, giving you flexibility in planning.
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