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The NOL carryover periods will be extended to allow their use in future years: there will be a three-year extension for NOLs incurred before 2020; a two-year extension for NOLs incurred in 2020; and a one-year extension for NOLs incurred in 2021.
For NOLs arising in taxable years beginning after December 31, 2017, the NOL deduction generally is limited to 80 percent of taxable income determined without regard to the NOL deduction.
California A.B. 85, signed by Governor Newsom on June 29, 2020, suspends the use of NOLs for tax years beginning in 2020, 2021, and 2022. The NOL suspension applies to both individuals and corporations with more than $1 million of taxable income.
For losses incurred in tax years: 2019 and after, NOL can no longer be carried back to the past 2 years. 2013 through 2018, NOL can be carried back to each of the past 2 years.
Individuals, estates, or trusts use form FTB 3805V, Net Operating Loss (NOL) Computation and NOL and Disaster Loss Limitations \u2013 Individuals, Estates, and Trusts, to figure the current year NOL and to limit the NOL carryover and disaster loss deductions.
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Excess Business Loss Limitation California does not conform to those amendments.
In California, the standard rule for NOL carryovers is that they can be carried forward for 10 years2 following the loss year for losses generated in 2000 through 2007 and for 20 years following the loss year for losses generated in 2008 and forward.
The CARES Act allows firms to carry back losses in tax years beginning after December 31, 2017, and before January 1, 2021 (for calendar year firms, covering 2018, 2019, and 2020) for up to five years.
Most taxpayers no longer have the option to carryback a net operating loss (NOL). For most taxpayers, NOLs arising in tax years ending after 2020 can only be carried forward. The 2-year carryback rule in effect before 2018, generally, does not apply to NOLs arising in tax years ending after December 31, 2017.
Generally, you can only carry NOLs arising in tax years ending after 2020 to a later year. An exception applies to certain farming losses, which may be carried back 2 years.

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