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July 24, 2020
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NOL carryover and S-corp election

  • July 24, 2020
  • 2 replies
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if I have a business NOL for 2020 is it possible for me to carryover that 2020 NOL to 2021 and then use the NOL to reduce my personal income tax liability if I file a form 2523 with the IRS to treat my C-corp as an S-corp? Or is this not allowed at all?

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since 2020 isn't over yet, is this really the year of the NOL  if so you make an election on the 2020 return to forgo the NOL carryback period so the NOL can be carried forward to 2021.  As long as the corp remains a C-Corp the NOL can be used. You talk about a C-Corp. electing S-Corp status. this throws a monkey wrench in your planning. The C-Corp NOL can't be used while the Corp is being taxed as an S-Corp. there can be other  consequences of converting - consult a tax pro 

2 replies

M-MTax
July 24, 2020

form 2553......too late to make an s corp election that would go into effect for 2020.

Answer
July 24, 2020

since 2020 isn't over yet, is this really the year of the NOL  if so you make an election on the 2020 return to forgo the NOL carryback period so the NOL can be carried forward to 2021.  As long as the corp remains a C-Corp the NOL can be used. You talk about a C-Corp. electing S-Corp status. this throws a monkey wrench in your planning. The C-Corp NOL can't be used while the Corp is being taxed as an S-Corp. there can be other  consequences of converting - consult a tax pro 

May 3, 2024

I know that if the C-Corp had an NOL of $(88,000) when it converted to an S-Corp, the NOL can no longer be carried forward. What happens if 3 years later...the S-Corp decides to Revoke its S-Corp Status, can the NOL that originally existed be reinstated an used by the C-Corp? 

M-MTax
May 3, 2024

You started a new thread about this. Take a look at that one too. Pretty sure it's lost forever though.