§ 105-131.4. Carryforwards; carrybacks; loss limitation.

243 words·~1 min read·/nc/chapter-105/105-131-4

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(a)Carryforwards and carrybacks to and from an S Corporation shall be restricted in the manner provided in section 1371(b) of the Code.

(b)The aggregate amount of losses or deductions of an S Corporation taken into account by a shareholder pursuant to G.S. 105-131.1(b) may not exceed the combined adjusted bases, determined in accordance with G.S. 105-131.3, of the shareholder in the stock and indebtedness of the S Corporation.

(c)Any loss or deduction that is disallowed for a taxable period pursuant to subsection

(b)of this section shall be treated as incurred by the corporation in the succeeding taxable period with respect to that shareholder.

(1)Any loss or deduction that is disallowed pursuant to subsection

(b)of this section for the corporation's last taxable period as an S Corporation shall be treated as incurred by the shareholder on the last day of any post-termination transition period.

(2)The aggregate amount of losses and deductions taken into account by a shareholder pursuant to subdivision

(1)of this subsection may not exceed the adjusted basis of the shareholder in the stock of the corporation (determined in accordance with G.S. 105-131.3 at the close of the last day of any post-termination transition period and without regard to this subsection).

(e)Expired. (1987 (Reg. Sess., 1988), c. 1089, s. 1; 1989, c. 728, ss. 1.33, 1.35; 1989 (Reg. Sess., 1990), c. 984, s. 1; 1991, c. 752.)