Enlarge image | Schedule Indiana Department of Revenue Enclosure Sequence IT-40NOL State Form 46004 Individual Income Tax No. 16 (R20 / 9-22) Net Operating Loss Computation 2022 Your Name Your Social Security Number IMPORTANT: Indiana net operating loss deductions claimed after Dec. 31, 2011 must be carried forward. Part 1 – Computation of Indiana Net Operating Loss _________________________________________ Loss Year 1. Enter as a negative amount your federal net operating loss as calculated on the last line of the federal Form 1045, Schedule A (see instructions). Note: If the amount on the last line of Form 1045, Schedule A is positive or zero, or if you are a full-year or part-year nonresident, see instructions _____ 1 2. Enter certain add-backs from the loss year IT-40 or IT-40PNR (see instructions) _________________ 2 3. Enter as a positive amount the aggregate of any NOL from this loss year previously carried back (see instructions) __________________________________________________________________ 3 4. Add lines 1, 2 and 3 ________________________________________________________________ 4 5. Enter certain deductions from the loss year IT-40 or IT-40PNR (see instructions) _________________ 5 6. Subtract line 5 from line 4. If the amount is zero or greater, enter zero _________________________ 6 7. Enter (as a negative number) any disallowed excess business loss incurred in the taxable year. See instructions if you are a full- or part-year nonresident __________________________________ 7 8. Add lines 6 and 7. This is your Indiana NOL available to carryforward ______________ Indiana NOL 8 Part 2 - Record of Indiana NOL Application (1) (2) (3) (4) (5) Indiana NOL available for Indiana AGI available to be deduction (from the Carryfor- Enter the amount from Indiana NOL deduction: Enter Enter the year to which you offset (from the Carryforward ward Worksheet, line 6; enter either line 7 or line 8 of the the amount from line 9 of the are carrying the loss. Worksheet, line 5) as positive amount) Carryforward Worksheet. Carryforward Worksheet 1st Year: 2nd Year: 3rd Year: 4th Year: 5th Year: 6th Year: 7th Year: 8th Year: Attach additional sheets if necessary. *24100000000* 24100000000 |
Enlarge image | Schedule IT-40NOL Carryforward Worksheet: Enter Loss Year Column A Column B Column C Column D Column E Complete one column before going to the next column. See instructions. 1st following 2nd following 3rd following 4th following 5th following tax year______ tax year______ tax year______ tax year______ tax year______ Note: If you have previously carried a loss to this year, skip lines 1 through 4. Enter on line 5 the modified Indiana AGI from the previous year’s worksheet. From the intervening year’s IT-40/IT-40PNR: 1. Enter the amount from IT-40/IT-40PNR line 1 (if reporting from IT-40PNR for tax year 2008 or before, skip line 2 and enter the same amount on line 3) ..................... 2. Enter some or all of the Indiana add-backs from the intervening year’s return (see instructions) .............................................. 3. Subtotal: Add lines 1 and 2 and enter total here .......................................................... 4. Enter some or all of the Indiana deduc- tions from the intervening year’s return (see instructions) .............................................. 5. Intervening year’s Indiana AGI: Subtract line 4 from line 3 (if less than zero, enter zero) ......................................................... 6. NOL available for carryforward. Enter as a positive number ...................................... ► Complete line 7 OR line 8 7. If line 5 is greater than or equal to line 6, enter the difference here ......................... 8. If line 6 is greater than line 5, enter the difference here and on line 6 in the next col- umn. This is the remaining NOL available to be carried forward .................................... 9. Enter the smaller of the amount from line 5 or 6. This is your Indiana NOL deduction . *24100000000* 24100000000 |
Enlarge image | Instructions for Schedule IT-40NOL and Carryforward Worksheet A separate Schedule IT-40NOL must of the loss in 2009. He has a $25,000 loss should be reflected here. be used for each loss year. available to be carried to tax year 2011. Important: Full-year and part-year Indiana Indiana Code 6-3-2-2.5 and 6-3-2-2.6 allow Indiana NOLs may be carried forward for nonresidents who file Form IT-40PNR for for a net operating loss (NOL) deduction up to 20 years following the loss year tax year 2008 or before should skip line 2 from Indiana adjusted gross income. All loss (HEA 1316-2018(ss), Sec. 5). Note. If you and continue to line 3. years ending after January 1, 2004, and any potentially had a net operating loss for existing NOL(s) carried over to a taxable 2018 through 2021, please see the specific year after this date must be recomputed modifications for Line 2 related to those Net the following Indiana add-backs as by applying the amended provisions of years and later. reported on the loss year’s return. this Act. Deductions for net operating losses that were incurred in taxable years Part 1 – Computation of Indiana NOL For tax years 2003 and beyond (tax years ending before January 1, 2004, and carried 2009 and beyond for IT-40PNR filers), add: back or forward and deducted in taxable Enter the loss year (this is the year in • Tax add-back years ending before January 1, 2004, are which the NOL occurred). • Net operating loss carryforward calculated under the law in effect for the • Lump sum distribution year the NOL was incurred. P.L. 81-2004, effective January 1, 2004, • Section 179 expense provides for an NOL deduction from • Bonus depreciation For tax years 2021 and later, itemized Indiana adjusted gross income equal to the deductions are not permitted in determining amount of a federal NOL, computed under Indiana net operating losses. In addition, if IRC Section 172, for the taxable year, For tax years 2009 and beyond, add: you have a net operating loss carryforward that is derived from sources from within • Unemployment compensation (2009 that was calculated in whole or in part using Indiana, and adjusted for modifications only) an itemized deduction, you must recalculate under IC 6-3-1-3.5. The federal NOL for • Deferral of business indebtedness the net operating loss without the itemized individuals, which reflects the IRC Section discharge and reacquisition deduction in order to determine the amount 172 application, is computed on federal • Qualified disaster assistance property to be carried forward. Schedule A from Form 1045. • Qualified refinery property • Qualified restaurant property Note. The use of Indiana modifications • Qualified film or television production Important: In order to carry a pre- may result in an Indiana net operating loss • Qualified preferred stock 2004 Indiana NOL to tax year 2004 even if there is no federal NOL. • Qualified retail improvement property and beyond, you must: Line 1 – Full-year Indiana residents Step 1 – refigure the NOL using You must complete Schedule A from For tax years 2010 – 2012, add: the new method on Form IT-40NOL federal Form 1045 before figuring your • Educator expense revised R3/ 10-04, or after; Indiana net operating loss (NOL). If the • Employer-provided educational Step 2 – reduce the refigured NOL by amount on the last line of Schedule A, expenses** any amount previously used in any computed without itemized deductions, is: • IRA charitable distribution** pre-2004 intervening year;* • negative (a loss), enter that amount • Qualified transportation fringe Step 3 – use any remaining NOL on here as a negative figure; expenses** line 17 of Carryforward Worksheet 2. • zero*, enter zero here; or • Student loan interest** • positive*, enter that amount here as a • Tuition and fees** * The application of the NOL in the pre- positive figure. 2004 tax year(s) must conform with the rules that govern those years. Do not * Due to the application of Indiana For tax years 2010 and beyond, add refigure the amount of deduction used in modifications, it is possible to have an • Discharge of debt of a principal the pre-2004 tax years. Indiana NOL without first having a federal residence NOL as computed under IRC Section 172. • Motorsports entertainment complex** When to use an Indiana NOL If you think you have an Indiana NOL after • Qualified advance mining safety the application of Indiana modifications, equipment** Carryback and carryforward years. then you must first complete Schedule A of • Qualified environmental remediation Public Law 172-2011 amends IC 6-3-2- the Form 1045 to arrive at the amount to costs** 2.5 and IC 6-3-2-2.6. It provides that no be entered on this line. • Qualified leasehold improvement Indiana net operating loss carryback claim property** may be filed after Dec. 31, 2011. Full-year and part-year Indiana • Start-up expenditures** nonresidents Example. Paul has an Indiana NOL for the Apply like kind modifications (as computed 2010 tax year. Paul did not file an Indiana under IRC Section 172) derived from Do not include the following add-backs for NOL carryback claim before Jan. 1, 2012. Indiana sources to the amount from line tax years 2010 and beyond: Therefore, he will have to carry the loss 1 of Form IT-40PNR, and enter the result • Domestic production activities forward. here. If the modified amount from line 1 of • Oil and gas well depletion deduction Form IT-40PNR is: • Qualified electric utility amortization Note. This rule will have no impact on • negative (a loss), enter that amount • RIC dividends to nonresident aliens carryback claims filed before Jan. 1, 2012. here as a negative figure; • zero, enter zero here; or **Apply these if 2010 is the loss year. Example. Ross has a $200,000 Indiana • positive, enter that amount here as a While these add-backs were first required NOL for the 2010 tax year. In October positive figure. for the 2010 tax year, individuals were of 2011 he carried this loss back to his given a choice to report them on either 2008 and 2009 Indiana returns. He used Line 2 – Certain Indiana modifications as their 2010 or their 2011 Indiana tax return. $75,000 of the loss in 2008, and $100,000 reported on the loss year IT-40/IT-40PNR 1 |
Enlarge image | Therefore, if 2010 is the loss year, include • Unemployment excluded from federal Line 7 – For taxable years beginning on line 2 only those add-backs that were gross income (2020 only) in 2021 and later, enter as a negative reported on the 2010 tax return. amount the amount of excess business For tax years 2021 and later, add: losses for the taxable year disallowed for For tax year 2011 and beyond, add: • Student loan debt discharged under federal purposes under IRC section 461 • Certain trade or business deductions IRC section 108(f)(5) except “those (any negative amount shown on federal Form 461, Line 16, for the loss year) but based on employment of unauthorized excluded as a result of death, total and permitted to be carried forward as a net alien permanent disability, or bankruptcy. operating loss in future taxable years. • 50% of certain meals deducted in For tax year 2012 and beyond, add: determining AGI For taxable years 2018 through 2020, enter • OOS municipal obligation interest the amount of excess business losses For tax years 2022 and later, subtract: disallowed for Indiana adjusted gross Note. In 2013 the following add-backs • Indiana education scholarship account income tax purposes. If you are a part- or were deemed to be no longer required, deduction full-year nonresident, enter the portion of retroactive to 2012: • Indiana enrichment scholarship such losses attributable to Indiana sources. • IRA charitable distribution account deduction Any Indiana excess business loss should • Motorsports entertainment complex be reported in a manner consistent with • Qualified advance mining safety Line 3 – If any amount of loss from this loss how your adjusted gross income from equipment year has been carried to a preceding year, Indiana sources was reported. • Qualified leasehold improvement enter as a positive amount the amount of property loss used in that preceding year(s). However, in no case should the Indiana loss be greater than the federal excess • Qualified restaurant property Example. Ross has a $200,000 Indiana business loss reported for federal purposes. • Qualified retail improvement property NOL for the 2010 tax year. He previously Further, in no case should the Indiana loss • Qualified transportation fringe expenses carried this loss back to his 2008 and reported in adjusted gross income plus the • Tuition and fees 2009 Indiana returns. He used $75,000 disallowed portion permitted as an Indiana of the loss in 2008, and $100,000 of NOL carryforward exceed the Indiana If you reported any of the above on your the loss in 2009. He must enter the loss determined without regard to the loss 2012 tax return, and you utilized Option 2 $175,000 ($75,000 plus $100,000) net loss disallowance. to report them as a negative add-back on previously carried back. Line 8 – Add lines 6 and 7. If the amount is your 2013 return (using a 300-series 3-digit zero or greater, STOP. You do not have an code number in lieu of filing an amendment Note. Do not include on this line any loss for 2012), do not include these amounts on amount previously carried forward. Indiana NOL. If the amount is a loss, enter (as a positive entry) this amount on line line 2 when 2013 is the loss year. Example. Olivia has a $100,000 Indiana 6, Column A, of the Schedule IT-40NOL NOL for the 2009 tax year. She previously Carryforward Worksheet. Do not include the following add-backs for carried $10,000 of this loss back to her 2007 tax years 2016 and beyond: return, $11,000 to her 2008 return, and used Part 2 – Record of Indiana NOL • Certain trade or business deductions $19,000 of the loss on her 2010 return. Application based on employment of unauthorized She must enter the $21,000 ($10,000 plus aliens $11,000) net loss previously carried back. Column 1 – List the year(s) to which you • Lump sum distribution are carrying the loss. • Discharge of debt of a principal Line 5 – Enter the net of the following residence Indiana deductions as claimed on the loss Column 2 – Enter the amount of Indiana year’s return: AGI available to be offset from line 5 of the • Non-Indiana locality earnings deduction completed Carryforward Worksheet. For tax years 2017 and beyond, add: • State tax refund and/or other • Deduction under IRC 965(c) allowable recovered itemized deductions Column 3 – Enter as a positive amount for untaxed foreign earnings and • Interest from U.S. government the Indiana NOL available for deduction profits (repatriated dividends) obligations from line 6 of the completed Carryforward • Social Security and/or benefits issued Worksheet. For tax years 2018 and beyond, add: by the U.S. Railroad Retirement Board • Excess federal interest (under IRC • Qualified patent income exemption Column 4 – Enter the amount from Section 163(j)) • National Guard and reserve either line 7 or line 8 of the Carryforward • Excess business losses permitted component member’s deduction Worksheet (only one of those lines will for federal purposes but not Indiana • Nonresident military spouse earned have an entry). purposes (2018-2020 only) income deduction • Government or civic group capital Column 5 – Enter the amount from line 9 contribution deduction of the completed Carryforward Worksheet. For tax years 2020 and beyond, add: • COVID-related ERC expense deduction This is your Indiana NOL deduction. Enter • Charitable contributions deductions • Indiana education scholarship account on IT-40 Schedule 1 (Schedule 2 for the claimed by individuals in determining grant deduction 2009 tax year and beyond), under line 11, federal AGI (2020 only) • Indiana enrichment scholarship account or IT-40PNR Schedule B (Schedule C for • Student loan payments made by deduction the 2009 tax year and beyond), under line an employer and excluded from • Student loan interest deduction 11. If carrying the loss forward to a tax year federal gross income, net of interest for interest paid from student loan which has already been filed, enter the that would have been permitted for payments required to be added back amount on Form IT-40X, line 1, Column B. federal purposes absent the federal exclusions Line 6 – Subtract line 5 from line 4. If the Schedule IT-40NOL Carryforward amount is zero or greater, enter zero. Worksheet Instructions 2 |
Enlarge image | A Carryforward Worksheet must be Line 3 – Add lines 1 and 2 and enter the Complete line 7 OR line 8 based on the completed for each loss year. result here. following: If you are carrying your loss forward for more • If line 5 is greater than line 6, than five years, modify the top of the column Line 4 – Enter the net of certain complete line 7. to show the year to which it is being carried. deductions as claimed on the intervening • If line 6 is greater than line 5, year’s return. See the instructions for complete line 8. Example. Modify Column A, ‘1st’ following Line 5 of the IT-40NOL for a list of the year, to read ‘6th’ following year. deductions. Line 7 – If the line 5 intervening year’s • Non-Indiana locality earnings Indiana AGI is greater than or equal to the Before you begin deduction line 6 NOL available for carryforward, then You must have a completed state tax • Homeowner’s residential property tax you will use all of the available NOL as a return (not including the Indiana NOL deduction deduction. Subtract line 6 from line 5 and deduction) for the intervening year(s) in • State tax refund and/or other enter the difference here. Skip line 8 and which you are applying the loss. recovered itemized deductions complete line 9. • Interest from U.S. government Columns A – E. Enter in Column A obligations Line 8 – If the line 6 NOL available for information from the first year following the • Social Security and/or benefits issued carryforward is greater than the line 5 loss year. Enter in Column B information by the U.S. Railroad Retirement Board intervening year’s Indiana AGI, then you from the second year following the loss • Indiana partnership long-term care will be able to offset the entire intervening year. Complete the remaining columns policy premiums deduction year’s Indiana AGI and have a reduced NOL accordingly. • Human services deduction available to carry to other years. Subtract • Qualified patent income exemption line 5 from line 6 and enter the difference Example. The loss year is 2009. Column • National Guard and reserve here and on line 6 in the next column. A should reflect information from tax year component member’s deduction 2010; Column B should reflect information • Nonresident military spouse earned Line 9 – Enter the smaller of the amount from tax year 2011, and so on. income deduction on line 5 or line 6. This is your Indiana • Total exemptions claimed (after NOL deduction. Enter on IT-40 Schedule Intervening year. Year to which a loss is proration, if applicable) 1 (Schedule 2 for the 2009 tax year and being carried. • Government or civic group capital beyond), under line 11, or IT-40PNR contribution deduction Schedule B (Schedule C for the 2009 tax Complete lines 1 through 5 of the year and beyond), under line 11. If carrying Carryover Worksheet to figure the Line 5 – Intervening year’s Indiana AGI. the loss forward to a tax year which has intervening year’s Indiana AGI. Subtract line 4 from line 3 (if less than already been filed, enter the amount on zero, enter zero). Form IT-40X, line 4, Column B. Line 1 – Enter the amount from line 1 of the intervening year’s IT-40 or IT-40PNR. Line 6 – NOL available for carryforward. Enter here the amount from Schedule IT- Note. If reporting from the IT-40PNR for 40NOL, Part 1, line 8 (enter as a positive tax year 2008 or before, skip line 2 and amount). enter this amount on line 3. • If this is the first time the NOL from Schedule IT-40NOL, Part 1, line 8, is Line 2 – Net the following Indiana being used, then enter the full amount addbacks as reported on the intervening here. year’s return. • If you have already used the NOL from Schedule IT-40NOL, Part 1, line For tax years 2003 and beyond (tax years 8, to offset income, then enter the remaining available loss here (from 2009 and beyond for IT-40PNR filers), add line 8 of the Carryforward Worksheet). the modifications applicable for the taxable See line 8 instructions. year. See the instructions for Line 2 of the IT-40NOL for a list of modifications. If you reported any of the above on your 2012 tax return, and you utilized Option 2 to report them as a negative add-back on your 2013 return (using a 300-series 3-digit code number in lieu of filing an amendment for 2012), do not include these amounts on line 2 when 2013 is the intervening year. 3 |