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Code · BILL · 116th Congress · H.R. 6800 (Placed on Calendar Senate) — Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes. · Sec. 20302

Sec. 20302. Certain taxpayers allowed carryback of net operating losses arising in 2019 and 2020

470 words·~2 min read·/bill/116/hr/6800/pcs/section-20302

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2019 and 2020 2019 and 2020 Section 172(b)(1)(D)(i) of the Internal Revenue Code of 1986 is amended to read as follows: In the case of any net operating loss arising in a taxable year beginning after December 31, 2018, and before January 1, 2021, and to which subparagraphs
(B)and (C)(i) do not apply, such loss shall be a net operating loss carryback to each taxable year preceding the taxable year of such loss, but not to any taxable year beginning before January 1, 2018. . The heading for section 172(b)(1)(D) of such Code is amended by striking and inserting 2018, 2019, and . 2019 and Section 172(b)(1)(D) of such Code is amended by striking clause
(iii)and by redesignating clauses
(iv)and
(v)as clauses
(iii)and (iv), respectively. Section 172(b)(1)(D)(iii) of such Code, as so redesignated, is amended by striking (i)(I) and inserting
(i). Section 172(b)(1)(D)(iv) of such Code, as so redesignated, is amended— by striking If the 5-year carryback period under clause (i)(I) in subclause
(I)and inserting If the carryback period under clause
(i), and by striking 2018 or in subclause (II). Section 172(b)(1)(D) of such Code, as amended by the preceding provisions of this Act, is amended by adding at the end the following new clauses: Clause
(i)shall not apply with respect to any loss arising in a taxable year in which— the taxpayer (or any related person) is not allowed a deduction under this chapter for the taxable year by reason of section 162(m) or section 280G, or the taxpayer (or any related person) is a specified corporation for the taxable year. For purposes of clause (v)— The term specified corporation means, with respect to any taxable year, a corporation the aggregate distributions (including redemptions) of which during all taxable years ending after December 31, 2017, exceed the sum of applicable stock issued of such corporation and 5 percent of the fair market value of the stock of such corporation as of the last day of the taxable year. The term applicable stock issued means, with respect to any corporation, the aggregate fair market value of stock (as of the issue date of such stock) issued by the corporation during all taxable years ending after December 31, 2017, in exchange for money or property other than stock in such corporation. For purposes of subclause (I), stock described in section 1504(a)(4), and distributions (including redemptions) with respect to such stock, shall be disregarded. For purposes of clause (v), a person is a related person to a taxpayer if the related person bears a relationship to the taxpayer specified in section 267(b) or section 707(b)(1). . The amendments made by this section shall take effect as if included in the enactment of section 2303(b) of the Coronavirus Aid, Relief, and Economic Security Act.
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