News & Analysis as of

Net Operating Losses Tax Refunds

Pillsbury Winthrop Shaw Pittman LLP

Delaware State Court Strikes Down NOL Limitation, Presenting Refund Opportunity

A Delaware state court struck down as unconstitutional a longstanding policy of the state’s taxing authority limiting NOL deductions of corporate taxpayers who file federal consolidated income tax returns. The Delaware...more

McDermott Will & Emery

Despite NOL Carrybacks, IRS Continues to Deny Refunds of Section 965 Transition Tax Overpayments

McDermott Will & Emery on

In a series of frequently asked questions (FAQs) addressing the interaction of recently enacted net operating loss (NOL) carryback provisions and section 965, the IRS stated that taxpayers may not receive a refund of any...more

Tucker Arensberg, P.C.

Recent Tax Law Changes Can Provide Immediate Refund Opportunities

Tucker Arensberg, P.C. on

Opportunity to Deduct 100% of the Cost of Qualified Improvement Property Placed in Service in Tax Year 2018 - A drafting error in the 2017 Care Act required a taxpayer to capitalize the cost of interior improvements to...more

ArentFox Schiff

IRS Extends Time to Request NOL Tentative Carryback Adjustment

ArentFox Schiff on

The IRS has granted a six-month extension to file applications for a tentative carryback adjustment under the “quickie” refund procedure for net operating losses that arose in tax years that began in calendar year 2018 and...more

Brooks Pierce

CARES Tax Benefits For Businesses – Increased Deductions, Increased Use Of Losses, And Potential Refunds

Brooks Pierce on

The Coronavirus Aid, Relief, and Economic Security Act (CARES) enacted on March 27, 2020 contained several significant business-related tax changes highlighted below. Many of these changes are limited in the period to which...more

McGlinchey Stafford

What does the CARES Act mean for net operating losses and non-corporate business losses?

McGlinchey Stafford on

The CARES Act temporarily suspends retroactively changes made to the treatment of net operating losses by the 2017 Tax Cuts and Jobs Act (the “2017 Tax Act”). It also suspends retroactively the limitation on excess business...more

Burr & Forman

Congress Retroactively Removes Limits on Excess Business Losses in CARES Act Affected Taxpayers Should Apply for 2018 and 2019...

Burr & Forman on

While the Coronavirus has delayed tax season by a few months, Congress’s response may have created the first ever refund season in the recently passed and much discussed relief package known as the Coronavirus Aid, Relief,...more

Snell & Wilmer

The CARES Act Includes Many Tax Incentives for Employers - Charitable Contribution Modifications

Snell & Wilmer on

On Friday, March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) into law. Among the numerous provisions of the Act intended to provide economic relief to...more

Ballard Spahr LLP

PA Commonwealth Court Holds NOL Tax Deduction Cap is Unconstitutional, Creating Potential Refund Opportunities

Ballard Spahr LLP on

The Pennsylvania Commonwealth Court unanimously held in a 7-0 decision that Pennsylvania's net operating loss (NOL) cap that limits a corporation's ability to deduct NOL carryforwards for corporate net income tax (CNIT)...more

Troutman Pepper

Pennsylvania Commonwealth Court Declares Corporate Net Income Tax Net Operating Loss Scheme Unconstitutional

Troutman Pepper on

Taxpayers that are in a positive net operating loss carryover position, but that paid tax in any open year due to the statutory scheme, should file protective refund claims seeking a refund for any overpaid tax....more

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