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Old 09-16-2016, 04:07 PM
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Unhappy Can i still carryback an old loss (2013) to years 2012 and 2011?

I'm in desperate need of extreme Laymans advice on loss carryback.
I'm currently filing new returns for 2 currently unfiled tax years , 2011 and 2012.

I have never filed the above years, but I had filed years 2014 and 2013 on time. Each of these years (2013 and 2014) had an NOL. (on line 41). I never signed or attached anything to either of these returns (2013 and 2014) regarding the losses at the time I filed. And have not ever carried anything forward or back from them.

I'm still crunching numbers , but am estimating some profits for both 2011 and 2012.

Is it too late to carryback the losses from 2013 and/or 2014? If not too late, Can they be carried back to 2011 and 2012?

Since I have not yet filed any returns at all for 2011 and 2012 (in otherwords, I'm not filing amended returns), what would I attach to them to show I was carrying back losses to them..?

(*Even just the losses from one or the other of the years 2013 or 2014 should be enough to cover profits for both 2011 and 2012 (so if easier I could just carryback one of the years, for example 2013, to both 2011 and 2012))

I'm broke ..I don't have any money to consult with a tax attorney, and called the IRS but they said they couldn't help on this since its not the filing period. If anyone can give me extreme Laymans answers or just point me in right direction I would be so grateful. .... I'm fairly competent at filing basic returns but so far the NOL topic is a bit over my head...


Last edited by Missm : 09-17-2016 at 03:08 PM.


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Old 09-17-2016, 04:02 PM
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I'm in desperate need of extreme Laymans advice on loss carryback.
I'm currently filing new returns for 2 currently unfiled tax years , 2011 and 2012.

I have never filed the above years, but I had filed years 2014 and 2013 on time. Each of these years (2013 and 2014) had an NOL. (on line 41). I never signed or attached anything to either of these returns (2013 and 2014) regarding the losses at the time I filed. And have not ever carried anything forward or back from them.

I'm still crunching numbers , but am estimating some profits for both 2011 and 2012.

Is it too late to carryback the losses from 2013 and/or 2014?=========>>yes. The statute of limitation for filing a claim for refund is the later of 3years from the date a tax return is filed or 2 years from the date the tax is paid. your 2011 tax return is due on April 15th, 2012. Add three years to this filing deadline, and you have until April 15th, 2015 to file your 2011 tax return and still get a tax refundIf you file your 2012 return by April 15th,2013, your refund expires by apr 15th of 2015

If not too late, Can they be carried back to 2011 and 2012? =>>as said no.you need to carry forward them to 2013 and 2014.

Since I have not yet filed any returns at all for 2011 and 2012 (in otherwords, I'm not filing amended returns), what would I attach to them to show I was carrying back losses to them..? ======>to carry forward the NOL , you need to on your 2011/2012 returns, Form 1045 Sch A allows you to determine the actual amount of your net operating loss.
Form 1045 Schedule A is used to compute a NOL and determine the amount available for carryback or carryforward



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Old 09-21-2016, 04:36 PM
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Thank you so much for the help.
The losses I am wanting to carryback are actually generated from the returns for 2013 and 2014 (the losses did not originate from 2011 and 2012).
So if the statute of limitations is the filing date for the return that generated the NOL.. plus 3 years , it looks like I would have until April 2017 to carryback the loss for 2013?
(And until April 2018 for the 2014 return?)
If so I would like to carryback the 2013 and 2014 losses to the tax returns for years 2011 and 2012.
2013 and 2014 were filed on time. (Each showed a substantial loss). I have never filed anything for 2011 or 2012... And have therefore also not paid any taaxes for 2011 or 2012. But so far it looks like both 2011 and 2012 will have some profits (plus penalties for the late filing etc). So its not refunds I would want for 2011 and 2012, but I am hoping to offset any taxes plus penalties that will now be due.

Is there any rule that will prevent me from applying an NOL to 2011 and 2012.. ?Since I'm so late in filing the 2011 and 2012 returns and since I'm filing them so long after having filed 2013 and 2014???



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Old 09-21-2016, 05:38 PM
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Oh dear ...now I'm re-reading what you wrote (wnhough) . it looks like you are saying that either way 2011 and 2012 are now closed years??...in otherwords its now too late to apply an NOL to 2011 and 2012..??. Even though the NOLs were generated in 2013 and 2014.. (Which are still within the 3 year statute).??

Just to reiterate I never paid any taxes (or filed any returns) at all yet for 2011 and 2012. Clearly I am very late!! But I'm working on them now and predicting that there will be small amounts of tax due for these years plus now of course penalties . so I wouldn't be seeking refunds for 2011 and 2012. Im only hoping to offset the amount of tax plus penalties that will be due.

I very much hope I can still do this... Rereading the statute it appears that it relates to the years that generated the NOLs (2013 and 2014)... Carrying back two years?


Last edited by Missm : 09-21-2016 at 05:41 PM.


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