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Fatima Al-Suwaidi

NOL 80% Offset Rule - How Does It Apply for Combined CarryOver and Current Year Expenses?

I've been trying to figure out how the 80% NOL offset rule works when you have both a carryover from previous years AND new business losses in the current tax year. My small online business finally turned a profit this year (about $63,400), but I had accumulated NOL carryovers of roughly $42,000 from the previous three years when I was starting up. I understand that NOLs can generally only offset up to 80% of taxable income in a given year, but I'm confused if this 80% limit applies to just my carryover amount or if it also includes any additional business losses I might have this year. I've been getting conflicting advice - my friend says the 80% applies to total NOLs including current year, but tax software seems to be calculating it differently. If I also have about $8,200 in additional deductible business expenses this year, how does the 80% rule work? Does it apply to the combined amount ($42,000 carryover + $8,200 current) or just to the carryover portion? I need to understand this for proper tax planning before year-end. Any insights from people who've dealt with NOL carryovers would be super helpful. Thanks!

The 80% taxable income limitation only applies to Net Operating Loss (NOL) carryovers from years beginning after December 31, 2017. It doesn't apply to your current year business expenses or losses. Those current year expenses reduce your income dollar-for-dollar before the NOL carryover even comes into play. Here's how it would work in your situation: First, calculate your current year taxable income by subtracting your $8,200 in current year business expenses from your $63,400 profit. This gives you $55,200. Then, you can use your NOL carryover to offset up to 80% of that $55,200, which would be $44,160 maximum. Since your carryover is $42,000, you can use all of it since it's less than the 80% limit. Your final taxable income would be $13,200 ($55,200 - $42,000).

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Thanks for explaining! So if I understand correctly, I first subtract current year expenses from income, and only then apply the 80% rule to whatever's left when using my NOL carryovers? That makes more sense than what I was thinking. What happens to any NOL carryover amounts that exceed the 80% limit? Do they just carry forward to future years?

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First, you calculate your current year taxable income by subtracting all allowable deductions including your current year business expenses. This gives you your taxable income before applying any NOL carryovers. Any NOL carryover that exceeds the 80% limit simply carries forward to future tax years. In your case, since your $42,000 carryover is less than the 80% limit of $44,160, you'll use the entire carryover this year. If your carryover had been larger, say $50,000, you could only use $44,160 this year, and the remaining $5,840 would carry forward to next year.

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Just wanted to share my experience with NOLs since I was in a similar situation last year. I found a great tool called taxr.ai (https://taxr.ai) that helped me navigate this exact NOL carryover issue. After struggling with the 80% limitation rules and getting different answers from various accountants, I uploaded my previous returns and it analyzed my NOL situation perfectly. The software correctly separated my pre-2018 NOLs (which can offset 100% of income) from my post-2017 NOLs (subject to the 80% limitation). It also properly handled my current year business expenses before applying the NOL limitations. Saved me a ton of headache trying to manually calculate everything!

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Does taxr.ai handle the special COVID provisions from 2020? I read something about NOLs from 2018-2020 having different rules with 5-year carrybacks. Would it know to apply those correctly?

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I'm a bit skeptical about these tax tools. How does it handle state-specific NOL rules? Some states don't conform to federal NOL provisions and have totally different carryover periods and limitations.

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Yes, taxr.ai does handle the special CARES Act provisions that temporarily suspended the 80% limitation for tax years 2018, 2019, and 2020. It also accounts for the 5-year carryback option that was available for NOLs in those years. The system flagged this for me specifically and showed potential refund opportunities from prior years. Regarding state-specific rules, I was pleasantly surprised that it handles state non-conformity issues. When I processed my returns, it identified that my state doesn't follow the federal 80% limitation and calculated my state NOL differently. It even prompted me to check specific state carryover periods that didn't match federal rules.

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I was initially worried about the tool handling those complex NOL provisions from the CARES Act since my accountant had totally missed them. I decided to try taxr.ai (after seeing the recommendation here) and wow - it actually found I could carry back some losses from 2019 that my accountant had only carried forward! It correctly identified which portions of my NOLs were subject to the 80% limitation and which weren't. The analysis even flagged that I should file an amended return for 2018 because my previous accountant had applied the 80% limitation incorrectly during that transitional period. Looking at a potential $3,700 refund now! The current year vs. carryover distinction was clearly explained in the report it generated.

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For anyone struggling with getting help about NOLs from the IRS - I feel your pain! I spent WEEKS trying to get through to someone who actually understood the NOL carryover rules after the tax law changes. I finally used Claimyr (https://claimyr.com) to get through to an IRS agent who specialized in business tax issues. You can see how it works here: https://youtu.be/_kiP6q8DX5c After multiple failed attempts calling directly, Claimyr got me connected in about 25 minutes. The agent I spoke with clarified exactly how the 80% limitation works with current year losses versus carryovers - totally consistent with what the first commenter explained. They even sent me specific IRS publications about NOL calculations that I wasn't able to find on my own.

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How exactly does this service work? Are they just calling the IRS for you or what? I don't understand why I'd pay someone else to call when I can just do it myself (even if it takes forever).

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Yeah right... the IRS NEVER answers their phones. I've tried calling dozens of times about my business NOLs. No way they got you through in 25 minutes when I've been on hold for literally 3+ hours multiple times. Sounds like a scam to me.

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They use an automated system that waits on hold with the IRS for you. When their system detects a live IRS agent has picked up, they call your phone and connect you directly to the agent. So you don't have to wait on hold - you just get a call when an agent is ready to talk to you. The reason it works better than calling yourself is they have multiple lines calling simultaneously and they know exactly which prompts to use for different departments. The business tax specialists are particularly hard to reach, but their system kept trying until it got through. I was skeptical too, but after wasting an entire day on hold myself, the 25-minute wait time was completely worth it.

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I need to eat my words. After my skeptical comment, I decided to try Claimyr as a last resort since I was getting nowhere with the IRS directly about my NOL issues. I was honestly shocked when I got a call back in about 40 minutes connecting me to an actual IRS business tax specialist. The agent was able to pull up my records and confirm exactly how my NOL carryovers should be calculated with the 80% limitation. He even explained a special provision I didn't know about for small businesses that might apply to my situation! Saved me from potentially making a $7,900 error on my return. I still can't believe I got through when I'd previously spent hours upon hours getting disconnected or waiting on hold. Totally changed my mind about the service.

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One thing nobody's mentioned yet - the rules for NOLs have changed several times in recent years! The Tax Cuts and Jobs Act (TCJA) initially eliminated NOL carrybacks and implemented the 80% limitation starting in 2018. Then the CARES Act temporarily suspended the 80% limitation for tax years 2018-2020 and allowed 5-year carrybacks. Now we're back to the TCJA rules with the 80% limitation. Just make sure you're applying the right rules based on when your losses occurred. Pre-2018 NOLs follow the old rules (can offset 100% of income), while post-2020 NOLs are subject to the 80% limitation with no carryback option.

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I'm so confused by all these changing rules! Do you know if there's any way to "lock in" which set of rules apply to specific loss years? Like if I had losses in 2019, can I still use the CARES Act provisions to carry them back even though it's 2024 now?

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The rules that apply are based on when you incurred the losses, not when you're using them. For NOLs incurred in 2019, the CARES Act provisions still apply to those specific losses. However, the deadline for carrying back those 2019 losses has already passed in most cases unless you filed for an extension. For the 2019 losses you're now carrying forward, they're grandfathered under the CARES Act rules, meaning they can still offset 100% of your income (not subject to the 80% limitation) when you use them in current or future years. This is an important distinction that many people miss! Your 2019 NOL carryforward can potentially be more valuable than more recent NOLs because of this grandfathering.

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Has anyone used the IRS's worksheet for calculating NOLs with the 80% limitation? I found it super confusing because there seem to be different versions and some don't clearly address how to handle current year expenses vs. carryover amounts.

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I've used the worksheet in Publication 536. It's not very user-friendly but it does separate current year losses from carryover calculations. The key is to complete your entire tax return first, calculate your taxable income before any NOL deduction, then apply the 80% limit to determine how much of your carryover NOL you can use.

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I've found that most tax software doesn't handle NOLs well at all, especially with all the tax law changes. I ended up creating my own spreadsheet based on the IRS worksheets but modified to clearly show which years' NOLs are subject to which limitations. I can share it if you're interested.

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The IRS worksheets can definitely be confusing! I've been dealing with NOL calculations for my consulting business for several years now. What helped me was understanding that the calculation happens in stages: 1) Calculate your current year taxable income INCLUDING all current year business expenses and deductions 2) Apply the 80% limitation to that final taxable income amount 3) Use your NOL carryovers up to that 80% limit The tricky part is that different tax years' NOLs follow different rules. My 2017 NOLs can offset 100% of income, but my 2021+ NOLs are limited to 80%. I keep a simple tracking spreadsheet that shows each year's NOL balance and which limitation applies. One thing that caught me off guard - if you have NOLs from multiple years, you generally have to use them in chronological order (oldest first). This can affect your tax planning since the older NOLs might have more favorable rules. @Paolo Ricci I'd actually love to see that spreadsheet you created if you're willing to share it! The IRS worksheets are really hard to follow.

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