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NOL's


joe

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A NOL incurred on the taxpayer's 2010 Form 1040. Am I correct in thinking I can only carry it back two years (2008) not 5 years?

Think about the logic... if you carry it back 5 years and amend 2006, you will not get a refund because it is two late to claim a refund for 2006 and 2007.

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I believe that 2009 was the last year that you were allowed to carry back NOL's for 5 years. And because it was statutorily extended the normal three year limitation on claims for refunds did not apply to a claim due to an NOL. However, some states (Virginia among them) did not allow the extended carryback period even though the federal did. So yes, you are correct that you can only carry it back for 2 years.

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