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NOLs from prior years, waivers not timely filed

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    NOLs from prior years, waivers not timely filed

    I seemed to have inherited a mess and would appreciate any guidance anyone could give. Taxpayer has had a rental which has continually generated losses and since he has very little other income, there have been (or should have been NOLs) for several years. Here's the disastrous scenario, if I understand it correctly, with prior returns done by different preparers or, in one case, by the taxpayer himself!

    2010: return done incorrectly originally with no depreciation taken; 2+ years later, return was amended, using appropriate depreciation and creating a NOL. Am I correct to assume that it was too late to waive carryback? [The waiver form was filed with amendment, I believe but NOL wasn't used on subsequent returns.]

    2011: return done by taxpayer; no Schedule E (although there should have been!). It was later amended with an appropriate Schedule E, generated a loss and a NOL but no NOL waiver filed and no effort made to carryback NOL.

    2012: return done with rental income but no depreciation, timely filed by 04/13; amended 8 months later by prior preparer with a waiver filed (But was it too late? Doesn't it have to be within 6 months of filing of original return?)

    2013: taxpayer is desperate--as had a large 1099-C for rental property. Am I correct in assuming that it is too late to "revive" any NOLs from the past? What am I missing? (I don't do NOLs very often and it is especially difficult to figure out when I inherit someone else's mess!)

    I'd appreciate any suggestions by some of the experts on this forum. Thanks.

    #2
    They all have to be carried back, and then recomputed forward if not used up in any carry back year.

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      #3
      Get a retainer, too. It'll be messy..

      Comment


        #4
        Carry forward waiver--time frame?

        Am I correct in assuming that you can't file a carry forward waiver with an amended return if not within 6 months of due date of original return?

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          #5
          Waiver has to be on a timely filed return. I don't know of any exceptions for an NOL created by filing an amended return, but I'm answering this off the top of my head. That the NOL was created in the amended return is the only reason the waiver might be legit. However, I do know it is not too late to carry back the NOL for 2010; it's the NOL year that has to still be under the statute, not the year being carried back.

          Get a big retainer!

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            #6
            Originally posted by origun View Post
            Am I correct in assuming that you can't file a carry forward waiver with an amended return if not within 6 months of due date of original return?
            I believe you can do it on an amended return, but it has to be timely filed. So that means due date + extension.

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              #7
              Thanks--just asking for a clarification for this brain dead preparer!

              Joanmcq and Burke: Thanks for your help. Just to clarify in my head, if original return filed by April 15th and amendment by October 15th of same year, can do a carry forward but for any later amendment, you have no choice--must carry back?

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