What is a Net Operating Loss (NOL)?
Including CARES Act Changes to NOL Procedures in 2020
A net operating loss (NOL) results from the situation in which a business or individual has more allowable tax deductions than it has taxable income. In this case, the business has negative income or a net operating loss. That's the bad news. But the good news is that you may be able to take that net operating loss and move it to a future tax year (or years) in which you had a profit (actually, net operating income).
CARES Act (2020) Changes in Net Operating Losses
The CARES Act of 2020 has made some changes in net operating loss procedures to help businesses affected by COVID-19.
The 2017 tax law had disallowed tax loss carrybacks to previous years. The CARES Act removes that restriction for carryback of losses in tax years beginning after December 31, 2017, and before January 1, 2021, to each of the five taxable years before the tax year of the loss.
Taxpayers can waive the carryback period for NOLs in tax years 2018, 2019, and 2020.
The IRS announced in April 2020 that eligible refund claims for carryback of net operating losses under the CARES Act described above can be faxed to the IRS. This is a temporary measure starting on April 17, 2020, until further notice.
Claims on IRS Form 1139 can be submitted to this fax number: 844-24--6236
Claims on IRS Form 1145 can be submitted to this fax number: 844-249-6237
The IRS also grants a six-month extension of time to file applications for tentative refunds for tax losses in 2018 up to June 30, 2019.
These new COViD relief measures are complicated. Get help from your tax professional before you attempt to take a net operating loss carryback for the 2019 tax year or before.
How Net Operating Losses Work
To have an NOL, your loss must generally be caused by deductions due to expenses from:
- A business (but see restrictions on losses depending on types of business below)
- Your work as an employee
- Losses due to casualties or theft
- Moving expenses
- Rental property
Most net operating losses are related to business losses. To take the loss, you must include it on your personal tax return. The net operating loss, therefore, is applicable only to certain pass-through businesses, specifically sole proprietorships and single-member LLCs.
The IRS says that generally partnerships and S corporations cannot claim net operating losses, but the individual partners or S corp owners can figure their share of the loss on their individual tax returns.
Corporations can also have a net operating loss, but this loss doesn't affect individual owners (shareholders). See IRS Publication 542 Corporations for more information.
Limits to Net Operating Losses
The 2017 Tax Cuts and Jobs Act made changes to net operating loss calculations and limits beginning in 2018 and beyond. The CARES Act has changed some of these limits for certain years, but the limits may resume after CARES Act changes end.
No NOL Carryback Allowed. In years before 2018, you had the option to carry an NOL forward to future years or back to past years to reduce taxes. Beginning in 2018, you can only carry over a NOL into a future year.
NOL Limited. A net operating loss deduction from your taxes can't exceed 80% of taxable income in any year. If your NOL for a year is greater than 80% of taxable income, you will have a carryover to the next year.
Excess Business Losses Limited. In any one year, you can't deduct losses in excess of a threshold amount. Losses over this amount are called excess losses, the amount by which your total business deductions are greater than your total gross business income and business capital gains plus $250,000 (or $500,000 in the case of a joint return). The excess business loss can be carried over to a later tax year.
Information Needed to Figure a Net Operating Loss
To figure your net operating loss you will need (in addition to your Form 1040 and other schedules)
IRS Publication 536 Net Operating Lossdx (NOLs) for Individuals Estates and Trusts (the worksheet on Page 3), and
IRS Form 1040 Schedule D (if you have a capital gain or loss)
Your business tax report included on your personal tax return:
- Schedule C for a sole proprietorship or single-member LLC, pr
- Schedule K-1 for your income as an S corporation shareholder, partner in a partnership, or member of a multiple-member LLC
Steps in Figuring a Net Operating Loss
Complete your tax return for the year, including your business income or loss.
Run a calculation to see how much of this loss was due to your business activities to see if you have a net operating loss. You will need to complete a worksheet for this calculation, excluding other types of losses, including
- Capital losses (from investments or sale of business assets) and
- Nonbusiness losses.
- Section 199A (Qualified Business Income) deduction
- ...and other losses.
If your net operating loss deduction is over $18,000 for the year, you can't take the excess loss in this year, but you may be able to carry over the excess to a future year.
Check excess loss limits. At this point, if you have large losses, you may need to calculate excess loss limits. Before you do this calculation, you must apply other limits on business losses, specifically the at-risk limits and passive activity limits. Then you would use the worksheets in IRS Publication 536 to calculate the amount of the excess NOL.
Carrying Forward a Loss to Minimize Taxes
A net operating loss in one year can be used to minimize tax profits in one or more years. Net operating losses may be carried forward (used to offset profits in future years) depending on IRS regulations in effect at the time of the loss.
The process of calculating a carryforward for a net operating loss depends on which year you are carrying it to and whether you had previous years carryovers. See IRS Publication 536 on Net Operating Losses.
As you can see from this brief discussion, the process of determining, calculating, and carrying over a net operating loss is complicated. The IRS has limits and restrictions on this process and the amounts you can carry forward and the calculations are daunting. Get the help of a tax professional if you think you have a net operating loss and you want to use it to reduce taxes.
IRS. "IRS Provides Guidance Under the CARES Act to Taxpayers With Net Operating Losses." Accessed Apr. 10, 2020.
IRS. "Publication 536 Net Operating Losses (NOLs) for Individuals, Estates, and Trusts." Accessed Nov. 22, 2019.
IRS. "Publication 536 Net Operating Losses (NOLs) for Individuals, Estates, and Trusts." Introduction. Page 2. Accessed Apr. 10, 2020.
IRS. "The Highlights of Tax Reform for Businesses." Accessed Nov. 22, 2019.
IRS. "Publication 536 Net Operating Losses (NOLs) for Individuals, Estates, and Trusts." How to Figure an NOL Page 2. Accessed Nov. 22, 2019.
IRS. "Publication 536 Net Operating Losses (NOLs) for Individuals, Estates, and Trusts." Excess Business Loss, Page 10. Accessed Nov. 22, 2019.
IRS. "Publication 536 Net Operating Losses (NOLs) for Individuals, Estates, and Trusts." how to Figure an NOL Carryover, Page 7. Accessed Nov. 22, 2019.