# Net Operating Loss (NOL): Definition and Carryforward Rules

![Net Operating Loss (NOL)](https://www.investopedia.com/thmb/oFCdWZ_04Ra9MkoDXctYNe8AVnw=/1500x0/filters:no_upscale():max_bytes(150000):strip_icc()/Netoperatingloss_4-3-v2_Final-ce7801af8cec4d8783f079c68ea7544d.png)

*— Michela Buttignol / Investopedia*

> **Definition**
>
> A net operating loss is when a business's expenses exceed its income, resulting in a financial loss that can be used to offset future taxable income.

Ever wonder how businesses can bounce back after a tough financial year? Part of the reason might be using the net operating loss (NOL), which can help transform financial setbacks into a future tax advantage.

An NOL is when a company's deductions exceed its taxable income. Of course, spending more than you earn in business isn't ideal, but it's a reality many companies face, especially startups or those in cyclical industries like construction or retail. But through what's known as a loss carryforward, companies can take an NOL and offset future income to lower their taxes when things turn profitable again.

The rules governing these loss carryforwards have changed significantly in recent years, making it essential for business owners to understand how to strategically utilize this important tax provision.

### Key Takeaways

*   A net operating loss (NOL) occurs when a company's deductions exceed its taxable income.
*   NOLs can be carried forward indefinitely but are limited to offsetting 80% of taxable income.
*   The 2017 Tax Cuts and Jobs Act (TCJA) and the 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES) led to significant changes in NOL rules.
*   NOLs are recorded as deferred tax assets, affecting future tax liabilities.
*   There are restrictions on using NOLs after ownership changes.

## What Is a Net Operating Loss (NOL)?

An NOL occurs when a company's allowable [tax deductions](https://www.investopedia.com/terms/t/tax-deduction.asp) exceed its taxable income within a specific period. This happens for various reasons, such as during a company's [startup](https://www.investopedia.com/articles/personal-finance/040915/how-many-startups-fail-and-why.asp) phase, when expenses often outpace revenue, or in cyclical industries where profits fluctuate significantly from year to year.

NOLs can help soften the landing through the U.S. tax code. When a company has an NOL in a given year, it doesn't just absorb the loss in that same period. Instead, the Internal Revenue Service (IRS) allows the company to use these losses to offset tax liabilities in more profitable years. This can help balance out a company's taxes over time, providing some relief during challenging financial periods.

The rules governing NOLs have undergone significant changes in recent years. In the mid-2020s, NOLs can be carried forward indefinitely until the loss is fully recovered, but they are limited to 80% of the taxable income in any one tax period. With this, businesses can spread out the tax benefits of a loss over multiple years, potentially reducing their overall tax liability and improving cash flow during recovery periods.

> **Tip**
>
> The net operating loss, sometimes called a net loss, appears on the company’s bottom line or income statement.

## NOL Carryforward Rules

The NOL carryforward rules reflect changes from the TCJA and later modifications, including those in the CARES Act and [Inflation Reduction Act](https://www.investopedia.com/inflation-reduction-act-of-2022-6362263) (2022).

The key aspects of the NOL carryforward rules are as follows:

**Indefinite carryforward period**: Businesses can carry forward their NOLs indefinitely. This change from the previous 20-year limit allows companies more flexibility in utilizing their losses over a longer period.

**80% limitation**: For tax years after 2020, the NOL deduction is limited to 80% of taxable income for any given tax year. This means that even if a company has enough NOL carryforwards to offset all its present year's income, it will still be taxed on 20% of its taxable income.

**Two-tier system**: The NOL deduction for tax years beginning after 2020 can't exceed the sum of the following:

1.  NOLs carried to the year from tax years beginning before 2018 (which can offset 100% of taxable income), _plus_
2.  The lesser of (a) NOLs carried to the year from tax years beginning after 2017, or (b) 80% of the excess taxable income remaining after applying pre-2018 NOLs.

**No carrybacks (with limited exceptions)**: Generally, NOLs can no longer be carried back to previous tax years. However, farming losses qualify for a two-year carryback period.

**Excess business loss limitations**: For tax years 2021 through 2028, noncorporate taxpayers (individuals, estates, and trusts) face additional limitations on business losses. For 2024, business losses exceeding $305,000 ($610,000 for joint returns) are considered "excess business losses" and are treated as NOL carryforwards to the following year.

**Calculation considerations:** The 80% limit is based on taxable income before considering deductions for qualified business income under the [Internal Revenue Code](https://www.investopedia.com/terms/i/internal-revenue-code.asp)'s Section 199A, global intangible low-taxed income under Section 250, or the NOL itself.

These rules make things more complex, requiring businesses to carefully track the origination year of each loss and apply different limitations accordingly.

### Implications

These changes have significant effects for these aspects of running a business:

*   **[Cash flow management](https://www.investopedia.com/articles/investing/041515/why-cash-management-key-business-success.asp)**: The elimination of carrybacks for most businesses means companies can't rely on immediate tax refunds during unprofitable years.
*   **Long-term tax planning**: The indefinite carryforward allows businesses to use NOLs over a longer period, potentially reducing tax liabilities in future profitable years.  
    

## How To Calculate an NOL

1.  Start with your taxable income (or loss) before the NOL deduction itself.
2.  Add back any NOL carryovers from other years since these aren't allowed when figuring the NOL for the current year.
3.  Remove nonbusiness deductions that exceed nonbusiness income.
4.  Remove any [capital losses](https://www.investopedia.com/articles/investing/062713/capital-losses-and-tax.asp) that exceed capital gains.
5.  Remove the [Section 1202](https://www.investopedia.com/terms/s/section-1202.asp) exclusion of gain from qualified small business stock.

For individuals, this calculation typically involves completing a worksheet like the one provided in IRS Publication 536. Estates and trusts follow similar procedures with slight modifications.

For example, if a business has $700,000 in taxable income and $900,000 in allowable tax deductions, the initial NOL calculation would be $700,000 - $900,000 = -$200,000. However, this amount must be adjusted following the steps above to determine the actual NOL.

## Historical Context and Changes in NOL Rules

The rules governing NOLs have undergone significant changes in recent years.

### Pre-2017 Rules

Before the TCJA, businesses could carry back NOLs for two years and carry them forward for 20 years. This allowed companies to offset current losses against past profits, potentially resulting in immediate tax refunds.  

### TCJA (2017)

The [TCJA](https://www.investopedia.com/taxes/trumps-tax-reform-plan-explained/) made substantial modifications to NOL rules:

*   Eliminated the ability to carry back NOLs (with exceptions for farming and certain insurance companies)
*   Allowed indefinite carryforward of NOLs
*   Limited NOL deductions to 80% of taxable income in any given year

These changes were designed to generate revenue and simplify the tax code but reduced the immediate benefits of NOLs for many businesses.

### CARES Act (2020)

In response to the economic impact of the pandemic, the CARES Act temporarily altered NOL rules:

*   Allowed NOLs from 2018, 2019, and 2020 to be carried back for up to five years
*   Suspended the 80% taxable income limitation for tax years beginning before 2021
*   For tax years beginning after 2020, allowed NOL deductions equal to the sum of:

1.  100% of NOL carryovers from pre-2018 tax years, plus
2.  The lesser of the following:  
    a) 100% of NOL carryovers from post-2017 tax years, or  
    b) 80% of remaining taxable income after deducting pre-2018 NOL carryforwards.

### Current Rules

As of the current date, the NOL rules have reverted to a modified version of the TCJA provisions:

*   NOL carrybacks are generally eliminated, except for certain farming losses which can be carried back 2 years.
*   NOLs can be carried forward indefinitely.
*   The NOL deduction is limited to 80% of taxable income for tax years after 2020.  
    

## Restrictions After Ownership Changes

In addition to the limitations noted above, when a corporation changes owners (when there is a more than 50% increase in stock ownership by 5% or more shareholders over a three-year period), Internal Revenue Code Section 382 limits the annual use of pre-change NOLs to the value of the corporation immediately before the ownership change multiplied by the long-term tax-exempt rate.

For example, if a corporation valued at $1 million changes owners when the applicable rate is 5%, its annual NOL usage would be limited to $50,000.

> **Tip**
>
> NOLs are recorded as deferred tax assets on a company's balance sheet.

## Example of Applying the NOL

Let's consider a hypothetical tech startup, Daratech Solutions:

Year 1: Daratech incurs an NOL of $500,000.  
Year 2: The company generates taxable income of $400,000.

Here's how to apply the NOL rules:

1.  Daratech can carry forward the entire $500,000 NOL indefinitely.
2.  In Year 2, the company can offset up to 80% of its taxable income with the NOL.
3.  The maximum NOL deduction is $400,000 × 80% = $320,000
4.  Taxable income after NOL deduction: $400,000 - $320,000 = $80,000
5.  Remaining NOL carryforward: $500,000 - $320,000 = $180,000

In this scenario, Daratech reduces its Year 2 taxable income to $80,000, using $320,000 of its NOL. The company can carry forward the remaining $180,000 NOL to future tax years, subject to the same 80% limitation.   

## The Bottom Line

While having an NOL is generally unfavorable for businesses, it does offer a silver lining through the loss carryforward. This tax provision allows companies to use losses to reduce future tax liabilities, providing a measure of financial relief and tax planning flexibility.

> **Article Sources**
>
> 1.  _Bloomberg_. ["How to Calculate Net Operating Loss for Corporations."](https://pro.bloombergtax.com/insights/federal-tax/net-operating-losses/)
>     
> 2.  Internal Revenue Service. "[Publication 536](https://www.irs.gov/publications/p536)."
>     
> 3.  Internal Revenue Service. "[Inflation Reduction Act of 2022](https://www.irs.gov/inflation-reduction-act-of-2022)."
>     
> 4.  Congressional Research Service. "[Tax Treatment of Net Operating Losses (NOLs)](https://crsreports.congress.gov/product/pdf/IN/IN11296/6)."
>     
> 5.  Tax Foundation. ["Net Operating Loss Carryforward."](https://taxfoundation.org/taxedu/glossary/net-operating-loss-carryforward/)
>     
> 6.  Internal Revenue Service. "[Instructions for Form 461.](https://www.irs.gov/pub/irs-pdf/i461.pdf)"
>     
> 7.  Congressional Research Service. ["Tax Treatment of Net Operating Losses (NOLs) in the Coronavirus Aid, Relief, and Economic Security (CARES) Act."](https://crsreports.congress.gov/product/pdf/IN/IN11296)
>     
> 8.  IRS. "[Publication 536 (2023), Net Operating Losses (NOLs) for Individuals, Estates, and Trusts."](https://www.irs.gov/publications/p536)
>     
> 9.  GHJ Advisors. "[Understanding Section 382: Net Operating Loss in a Transaction."](https://www.ghjadvisors.com/ghj-insights/understanding-section-382-net-operating-loss-in-a-transaction)
>     
> 10.  The Tax Adviser. ["Considering the SRLY rules and Sec. 382 in the Post-TCJA world."](https://www.thetaxadviser.com/issues/2019/may/srly-rules-sec-382-post-tcja.html)