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The Daily Insight

Can a corporation carryback a NOL?

Author

James Williams

Published Apr 23, 2026

To the extent the NOL is a farming loss, the carryback period is 2 years. Any such loss not applied in the 2 preceding years can be carried forward indefinitely (subject to limitations). See the instructions for line 14. The corporation can make an irrevocable election to forgo the 2-year carryback period.

How many years can you carryback NOL?

5 years
New rules for NOL carrybacks. Section 2303 of the CARES Act amended section 172 as revised by the Tax Cuts and Jobs Act (TCJA), section 13302, for tax years 2018, 2019, and 2020. Taxpayers can carry back NOLs, including non-farm NOLs, arising from tax years beginning in 2018, 2019, and 2020 for 5 years.

Because of the changes in the NOL rules under the CARES Act, a corporation may file Form 1139 for an NOL it carries back to a section 965 year. If a corporation carries back its NOL to a section 965 year in the 5-year carryback period, it is deemed to have made an election under section 965(n).

When do I get my Nol carryback back?

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) amended section 172 (b) (1) to provide for a carryback of any net operating loss (NOL) arising in a taxable year beginning after December 31, 2017, and before January 1, 2021, to each of the five taxable years preceding the taxable year in which the loss arises.

Why does a C corporation have a Nol carryback?

As a result of an NOL carryback, the C corporation either has an AMT liability in a pre-2018 carryback year or it has released MTCs under section 53 in a pre-2018 carryback year because it no longer has enough regular tax liability to use them.

Can a life insurance company carry back a Nol?

An insurance company (as defined in section 816 (a)) other than a life insurance company, can carry back an NOL to each of the 2 preceding tax years. Any such loss not applied in the 2 preceding years can be carried forward up to 20 years. Allocation of NOLs when a loss corporation has an ownership change.

Why are Nol carrybacks inadvisable under TCJA?

For example, as discussed below, the interaction of NOL carrybacks with other TCJA provisions (for example, GILTI, BEAT, and Section 965) may make such carrybacks inadvisable. In addition, if tax rates are expected to rise in future years, an NOL may be more valuable in a subsequent tax year than during the post-TCJA reduced-rate years.