Net operating losses- bees knees or others

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  • sea-tax
    Senior Member
    • Apr 2006
    • 971

    #1

    Net operating losses- bees knees or others

    OK everyone I am in need of a little clarification in regards to NOL's.

    In the tax book page 8-16 2007 individual edition it states" The election must be made on the original return filed by the due date(including extensions). If the taxpayer fails to file the return on time with this election, the taxpayer must Carry the nol back under the carry back rules, even if no benefit is derived by carrying the nol back".

    Situation is client filed a timely 2006 return but failed to include there 2006 partnership k-1 information which ends up creating a nol. I am now amending the return.
    Can I include the carry-forward election with this amendment? or am I stuck carrying it back 2 and then forward 20?

    I think if I read this correctly I have no choice I must carry it back first, but I was hoping you all might have some advice or clarification.
    Thankfully I didn't prepare the original return, In-fact I told them not to prepare it until we had the 1065 done but who listens to me.
  • oceanlovin'ea
    Senior Member
    • Jun 2005
    • 2682

    #2
    Just my opinion

    This is just my opinion but you couldn't file the NOL election on the original return because that return didn't have an NOL. If you amend and now have an NOL, I would think that you could include the election in the amended return. That makes sense but IRS doesn't always make sense.

    Linda F

    Comment

    • David1980
      Senior Member
      • Feb 2008
      • 1703

      #3
      I think you can't make it now.

      Consider this. Instead of filing the return without the partnership information the taxpayer instead filed it correctly, but waited 1 day after the deadline (including extensions.)

      Could he then on that 1-day-late return make the election? It looks like a "no" to me, because it was not filed by the deadline.

      I think you're stuck carrying it back first.

      Comment

      • Bees Knees
        Senior Member
        • May 2005
        • 5456

        #4
        There are no exceptions in the code for filing the election after the extended due date. You have to first carry the NOL back, then forward.

        Comment

        • oceanlovin'ea
          Senior Member
          • Jun 2005
          • 2682

          #5
          Bees and David

          are mostly like right. I concede to their opinion. I would agree that you have to carry it back first, then forward.

          Linda F

          Comment

          • sea-tax
            Senior Member
            • Apr 2006
            • 971

            #6
            Thank you to all three of you . It is then as I suspected it would be , back two forward 20.
            Thanks again.

            Comment

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