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Level 1
December 6, 2019
Solved

Can I amend a 1040 to carry back an NOL from 2017 when the original return elected to forego the carryback under Section 172 (b) (3)?

  • December 6, 2019
  • 2 replies
  • 12 views

Do I simply file an 1040X for 2017 to reject the election and carry back the loss to 2015?

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Best answer by TaxMonkey

No, election is irrevocable.


(iv)Election

Any taxpayer entitled to a 2-year carryback under clause (i) from any loss year may elect not to have such clause apply to such loss year. Such election shall be made in such manner as prescribed by the Secretary and shall be made by the due date (including extensions of time) for filing the taxpayer’s return for the taxable year of the net operating loss. Such election, once made for any taxable year, shall be irrevocable for such taxable year.


https://www.law.cornell.edu/uscode/text/26/172

2 replies

TaxMonkeyAnswer
Level 7
December 6, 2019

No, election is irrevocable.


(iv)Election

Any taxpayer entitled to a 2-year carryback under clause (i) from any loss year may elect not to have such clause apply to such loss year. Such election shall be made in such manner as prescribed by the Secretary and shall be made by the due date (including extensions of time) for filing the taxpayer’s return for the taxable year of the net operating loss. Such election, once made for any taxable year, shall be irrevocable for such taxable year.


https://www.law.cornell.edu/uscode/text/26/172

abctax55
Level 15
December 6, 2019

Generally, no.  The election to forgo the NOL carryback is binding.

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