Section 17276.24 - Extension of net operating loss or carryover(a) Notwithstanding Sections 17276, 17276.1, 17276.4, 17276.7, and 17276.22, Sections 17276.2, 17276.5, and 17276.6, as those sections read on November 29, 2014, Section 17276.20, as that section read on December 31, 2015, and Section 172 of the Internal Revenue Code, a net operating loss deduction shall not be allowed for any taxable year beginning on or after January 1, 2024, and before January 1, 2027.(b) For any net operating loss or carryover of a net operating loss for which a deduction is denied by subdivision (a), the carryover period under Section 172 of the Internal Revenue Code shall be extended as follows:(1) By one year, for losses incurred in taxable years beginning on or after January 1, 2025, and before January 1, 2026.(2) By two years, for losses incurred in taxable years beginning on or after January 1, 2024, and before January 1, 2025.(3) By three years, for losses incurred in taxable years beginning before January 1, 2024.(c) For a taxable year beginning on or after January 1, 2024, and before January 1, 2027, this section shall not apply to a taxpayer that has either of the following:(1) Net business income of less than one million dollars ($1,000,000) for the taxable year.(2) Modified adjusted gross income of less than one million dollars ($1,000,000) for the taxable year.(d) For purposes of this section:(1) "Business income" means any of the following:(A) Income from a trade or business, whether conducted by the taxpayer or by a passthrough entity owned directly or indirectly by the taxpayer.(B) Income from rental activity.(C) Income attributable to a farming business.(2) "Modified adjusted gross income" means the amount described in paragraph (2) of subdivision (h) of Section 17024.5, determined without regard to the deduction allowed under Section 172 of the Internal Revenue Code, relating to net operating loss deduction.(3) "Passthrough entity" means a partnership or an S corporation.(e)(1) For taxable years beginning on or after January 1, 2025, and before January 1, 2026, this section shall not apply if, by May 14, 2025, the Director of Finance determines that General Fund money over the multiyear forecast is sufficient without the revenue impact of the net operating loss suspension and credit limitation, and pursuant to legislation in the annual Budget Act to not apply this section of law.(2) For taxable years beginning on or after January 1, 2026, and before January 1, 2027, this section shall not apply if, by May 14, 2026, the Director of Finance determines that General Fund money over the multiyear forecast is sufficient without the revenue impact of the net operating loss suspension and credit limitation, and pursuant to legislation in the annual Budget Act to not apply this section of law.Ca. Rev. and Tax. Code § 17276.24
Amended by Stats 2024 ch 42 (SB 175),s 9, eff. 6/29/2024.Added by Stats 2024 ch 34 (SB 167),s 23, eff. 6/27/2024.