" Untangling tax reform: business losses and NOLs for corporate and noncorporate taxpayers
Authored by Paul Dillon and Michelle Hobbs
The legislation informally known as the Tax Cuts and Jobs Act (TCJA) limits the amount of net operating losses (NOLs) that can be utilized in a given tax year while allowing for an indefinite carryforward. Seen as another revenue-raiser to help pay for the corporate tax rate reduction, businesses, starting in 2018, can only use an NOL carryforward for up to 80 percent of computed taxable income. Not only does the TCJA change the NOL rules, it also imposes loss limitation rules on noncorporate taxpayers. This is a significant change from existing law and places new limitations, somewhat similar to the passive loss rules, on active business losses of individuals. The following continues our series updating you on the changes brought about by the TCJA.
Net operating losses
NOL limitations for post-2017 losses. The rules for NOLs arising in tax years beginning after Dec. 31, 2017, are modified such that a corporation’s NOL carryover can only offset 80 percent of taxable income without regard to the new section 199A deduction. However, these NOLs can now be carried forward indefinitely instead of limited to 20 years. Carrybacks of these losses are no longer permitted.
NOL limitations for pre-2018 losses. Rules for existing NOLs remain the same. These losses can be carried back two years and forward 20 years. There is no taxable income limit to usage of pre-2018 losses."