Net Operating Loss Planning After Tax Reform: Planning Techniques and Challenges

Impact to Noncorporate Taxpayers, Timing Issues and Other Considerations

Recording of a 90-minute premium CLE/CPE webinar with Q&A

Conducted on Wednesday, January 9, 2019

Recorded event now available

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Program Materials

This CLE/CPE webinar will guide tax counsel and advisers on new rules on net operating losses (NOL) and their impact on tax planning for taxpayers. The panel will discuss changes to the NOL carryback and carry-forward rules and limitations before and after tax reform, its effect on leveraging reduced income tax rates and the new qualified business income deduction, technical issues for taxpayers with pre-2018 NOL carry-forwards, and planning methods to ensure tax savings.


Tax reform reduced the corporate tax rate and provided a deduction for pass-through business income but places limitations on the use of NOLs applicable to many small and mid-size businesses. Tax counsel and advisers must understand changes to NOL carryback and carry-forward rules, their interaction with the new tax law's other provisions, and available planning methods to reduce the impact of new limitations.

Before tax reform, NOLs were eligible for a two-year carryback with special extended periods for certain liability losses and farming activities and a carry-forward for up to 20 years to offset taxable income. Now, the new tax law places restrictions on the use of NOL deductions by not allowing carrybacks but providing a carry-forward indefinitely if eligible under new Section 172. In addition, due to tax and the new thin capitalization rules, many taxpayers with no NOLs that have not been subject to section 382 in the past will now be subject to these rules.

In calculating the amount of the NOL, taxpayers must be mindful of further limitations relating to other new tax law provisions, the timing of income and deductions in assessing tax liability, and primary factors to consider for certain acquisitions.

Listen as our panel discusses the use of NOLs before and after tax reform, the application of Sections 381 and 382, issues for non-corporate entities, and practical approaches to leverage the new deduction and carryover rules.



  1. Net operating losses before and after tax reform
  2. Application of Sections 381 and 382
  3. Treatment of deferred interest under Section 163(j) and Section 382
  4. NOL limitations for non-corporate taxpayers
  5. Income and deduction timing issues when assessing tax liabilities
  6. Planning techniques in applying deduction and carryover rules


The panel will review these and other challenging issues:

  • New NOL rules and the impact on businesses
  • Understanding the application of Sections 381 and 382
  • Recognizing the treatment of deferred interest under Section 163(j)
  • Special considerations for non-corporate taxpayers
  • Timing issues for income and deductions when assessing future tax liability
  • Essential planning techniques in applying new deduction and carryover rules


Cox, Patrick
Patrick M. Cox

Baker McKenzie

Mr. Cox has extensive experience in general tax planning, including corporate, partnership, international and real...  |  Read More

Gruidl, Nick
Nick Gruidl

Partner, Washington National Tax

Mr. Gruidl has experience working with both publicly held and privately held businesses. His client service focus...  |  Read More

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