Section 382 rules are complex. But as long as you are a company with Net Unrealized Built-in Gain , you can use a NOL of a acquried company with some restrictions. So, if for example, DOW takes control of PFSD, they can take the NOL deduction.
If you are acquiring a company with NOLs, annual utilization of that company’s NOLs is generally limited to the value of the loss corporation multiplied by the adjusted federal long-term tax-exempt rate.
Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.