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Level 3
July 16, 2021

Can I carry an NOL Carryback to the 3rd previous year if we cannot get info from 5th year back?

  • July 16, 2021
  • 1 reply
  • 17 views

A client had NOL's in 2018 & 2019. We want to carry them back under CARES, but the client is unable to get a copy of his return for the 5th preceding year. Has anyone tried to carry back to 3rd or 4th preceding year, skipping the 5th?

I am trying to recreate his 2017 tax return to do an amendment to claim the NOL. The entire NOL will be absorbed that year. I just don't see how its possible to carry the loss back to the 5th preceding year in this situation. 

Any insight is appreciated!

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    1 reply

    sjrcpa
    Level 15
    July 16, 2021

    IRS will reject it if you don't go back 5 years.

    The more I know the more I don’t know.
    Level 3
    July 16, 2021

    Any ideas of a solution in this situation?

    The earliest year that he was able to get a transcript for was 2017. He was in an accident that year and he and his wife divorced. He has no idea how to access the tax return for any year prior to 2017. 

    Level 3
    July 16, 2021

    Also, the returns for any years prior to 2017 were MFJ and he doesn't even know where to find his ex-wife. I was hoping I could submit the 2017 return and beg for some understanding. 

    He's paying $600 a month in taxes on his 2017 liability so he was really hoping that the CARES carryback would alleviate that for him.