rp-20-24.pdf

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Part III

Administrative, Procedural, and Miscellaneous

26 CFR 601.105: Examination of returns and claims for refund, credit, or abatement;
determination of correct tax liability.
(Also: Part I. §§172; 6411

Rev. Proc. 2020-24

SECTION 1. PURPOSES
.01 This revenue procedure provides guidance regarding elections described in
section 1.02 of this revenue procedure related to new § 172(b)(1)(D) of the Internal
Revenue Code (Code) enacted by section 2303(b) of the Coronavirus Aid, Relief and
Economic Security Act (CARES Act), Public Law 116-136, 134 Stat. 281 (March 27,
2020). Section 2303(b) of the CARES Act amended § 172(b)(1) to provide for a
carryback of any net operating loss (NOL) arising in a taxable year beginning after
December 31, 2017, and before January 1, 2021, to each of the five taxable years
preceding the taxable year in which the loss arises (carryback period). Section
172(b)(1)(D). As a result of that amendment, taxpayers take into account such NOLs in
the earliest taxable year in the carryback period, carrying forward unused amounts to
each succeeding taxable year.

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.02 This revenue procedure prescribes when and how to file the following elections.
(1) Election to waive NOL carryback. Section 4.01(1) of this revenue procedure
provides guidance regarding an election under § 172(b)(3) to waive the carryback
period for an NOL arising in a taxable year beginning after December 31, 2017, and
before January 1, 2020.
(2) Election to exclude section 965 years. Section 4.01(2) of this revenue
procedure provides guidance regarding an election under § 172(b)(1)(D)(v)(I) to exclude
from the carryback period for an NOL arising in a taxable year beginning after
December 31, 2017, and before January 1, 2021, any taxable year in which the
taxpayer has a section 965(a) inclusion, as defined in § 1.965-1(f)(37) (a section 965
year).
(3) Elections under the CARES Act special rule concerning taxable years
beginning before January 1, 2018, and ending after December 31, 2017. Section
4.04(1) of this revenue procedure provides guidance regarding elections under the
special rule set forth in § 2303(d) of the CARES Act to waive any carryback period, to
reduce any carryback period, or to revoke any election made under § 172(b) to waive
any carryback period for a taxable year that began before January 1, 2018, and ended
after December 31, 2017.
SECTION 2. BACKGROUND
.01 For a taxable year beginning before January 1, 2021, § 172(a)(1), as amended
by the CARES Act, allows a deduction for the taxable year equal to the aggregate of the
NOL carryovers and carrybacks to the taxable year. For any taxable year beginning

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after December 31, 2017, and before January 1, 2021, new § 172(b)(1)(D)(i) provides
that an NOL must be carried back to each of the five taxable years preceding the
taxable year of the NOL (that is, the taxable years in the carryback period for the NOL).
Section 172(b)(3) permits a taxpayer entitled to a carryback period under § 172(b)(1) to
make an irrevocable election to relinquish the carryback period for an NOL for any
taxable year.
.02 Section 172(b)(1)(D)(iv) provides that if an NOL is carried back under
§ 172(b)(1)(D)(i) to any section 965 year, then the taxpayer is treated as having made
the election under § 965(n) with respect to each such section 965 year.
.03 Section 172(b)(1)(D)(v) provides two special rules for elections under
§ 172(b)(3). The first rule allows a taxpayer with one or more section 965 years to elect,
in lieu of the election under § 172(b)(3), to exclude all section 965 years from the
carryback period for an NOL. See § 172(b)(1)(D)(v)(I). The second rule provides that a
taxpayer must make an election under § 172(b)(1)(D)(v)(I) or § 172(b)(3) to exclude
section 965 years from or waive, respectively, the carryback period for an NOL arising
in a taxable year beginning in 2018 or 2019 by the due date, including extensions of
time, for filing the taxpayer’s Federal income tax return for the first taxable year ending
after March 27, 2020 (that is, the date of enactment of § 172(b)(1)(D)). See
§ 172(b)(1)(D)(v)(II).
.04 Section 965 and the regulations thereunder generally require the subpart F
income (as defined in § 952) of a deferred foreign income corporation to be increased
for the last taxable year of such corporation that begins before January 1, 2018, by the

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greater of the accumulated post-1986 deferred foreign income of such corporation as of
November 2, 2017, or December 31, 2017, and for certain taxpayers to include in gross
income their pro rata share of the increase in subpart F income of the deferred foreign
income corporation. Section 965(n) and § 1.965-7(e) allow a taxpayer to make an
election for a taxable year to not take into account § 965(a) inclusions, reduced by
§ 965(c) deductions, and associated § 78 gross-ups in determining the taxpayer’s (1)
NOL deduction under § 172 for the taxable year, or (2) taxable income for the taxable
year (computed without regard to the deduction allowable under § 172) that may be
reduced by NOL carryovers or carrybacks to the taxable year under § 172.
.05 Section 6411(a) provides that a taxpayer may file an application for a tentative
carryback adjustment of the tax for the prior taxable year affected by an NOL carryback
from any taxable year. Section 6411(a) also provides that the application must be filed
on or after the date of filing for the return for the taxable year of the NOL from which the
carryback results and within a period of 12 months after that taxable year or, for any
portion of a business credit carryback attributable to an NOL from a subsequent taxable
year, within a period of 12 months from the end of the subsequent taxable year.
Section 6411(b) provides a 90-day period during which the Internal Revenue Service
(IRS) will make a limited examination of the application to discover omissions and errors
of computation and determine the amount of the decrease in tax attributable to the
carryback. The IRS may disallow, without further action, any application that contains
errors of computation that cannot be corrected within the 90-day period or that contains
material omissions. The decrease in tax attributable to the carryback is applied against

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unpaid amounts of tax. Any remainder of the decrease is credited or refunded within
the 90-day period.
.06 Section 2303(d) of the CARES Act provides a special rule for NOLs arising in
taxable years which begin before January 1, 2018, and end after December 31, 2017.
Under that special rule, applications under § 6411(a) with respect to such NOLs are
treated as timely filed if filed no later than 120 days after March 27, 2020, the date of
enactment of the CARES Act. Additionally, elections to forgo or reduce the carryback of
such NOLs, or elections to revoke any such prior elections, shall be treated as timely
made if made no later than 120 days after March 27, 2020.
SECTION 3. SCOPE
This revenue procedure applies to taxpayers that want to (1) elect under § 172(b)(3)
to waive the carryback period for an NOL arising in a taxable year beginning in 2018 or
2019, (2) elect under § 172(b)(1)(D)(v)(I) to exclude all section 965 years from the
carryback period for an NOL arising in a taxable year that begins in 2018, 2019, or
2020, or (3) make an application under § 6411(a) for an NOL arising in a taxable year
that began before January 1, 2018, and ended after December 31, 2017.
SECTION 4. APPLICATION
.01 Time and manner of filing election to waive carryback or exclude section 965
years from carryback.
(1) Elections to waive carryback under § 172(b)(3) for NOLs arising in taxable
years beginning in 2018 or 2019. A taxpayer within the scope of this revenue procedure
may elect under § 172(b)(3) to waive the carryback period for an NOL arising in a

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taxable year beginning in 2018 or 2019. Such an election must be made no later than
the due date, including extensions, for filing the taxpayer’s Federal income tax return for
the first taxable year ending after March 27, 2020. A taxpayer must make an election
described in this section 4.01(1) by attaching to its Federal income tax return filed for
the first taxable year ending after March 27, 2020, a separate statement for each of
taxable years 2018 or 2019 for which the taxpayer intends to make the election. The
election statement must state that the taxpayer is electing to apply § 172(b)(3) under
Rev. Proc. 2020-24 and the taxable year for which the statement applies. Once made,
the election is irrevocable.
(2) Election to exclude section 965 years from carryback period. A taxpayer within
the scope of this revenue procedure may elect under § 172(b)(1)(D)(v)(I) to exclude all
section 965 years from the carryback period for an NOL arising in a taxable year
beginning in 2018, 2019, or 2020.
(a) When to file. An election under this section 4.01(2) for an NOL arising in a
taxable year beginning in 2018 or 2019 must be made no later than the due date,
including extensions, for filing the taxpayer’s Federal income tax return for the first
taxable year ending after March 27, 2020. For an NOL arising in a taxable year
beginning after December 31, 2019, and before January 1, 2021, an election under this
section 4.01(2) must be made by no later than the due date, including extensions, for
filing the taxpayer’s Federal income tax return for the taxable year in which the NOL
arises.
(b) What to file. A taxpayer must make the election described in this section

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4.01(2) by attaching an election statement to the earliest filed, after this revenue
procedure is effective, of:
(1) The Federal income tax return for the taxable year in which the NOL arises;
(2) The taxpayer’s claim for tentative carryback adjustment (Form 1045,
Application for Tentative Refund; or Form 1139, Corporation Application for Tentative
Refund) applying the NOL to a taxable year in the carryback period; or
(3) The amended Federal income tax return applying the NOL to the earliest
taxable year in the carryback period that is not a section 965 year.
(c) A taxpayer making the election who claims a refund or credit as a result of the
carryback of the NOL by filing amended Federal income tax returns for taxable years in
the carryback period must also attach an election statement to each amended return.
The election statement must state that the taxpayer is electing to apply
§ 172(b)(1)(D)(v)(I) under Rev. Proc. 2020-24, the taxable year in which the NOL arose,
and the taxpayer’s section 965 years. Once made, the election is irrevocable.
(d) Effect of election. An election under § 172(b)(1)(D)(v)(I) to exclude all section
965 years from the carryback period for an NOL allows a taxpayer to disregard those
taxable years when applying an NOL to the carryback period and determining whether
the taxpayer has an overpayment and can receive a refund or credit for any of the
remaining years in the carryback period to which the NOL is applied. A taxpayer who
makes an election under § 172(b)(2)(D)(v)(I) for an NOL must include all section 965
years for purposes of counting the five taxable years in the carryback period for the
NOL.

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.02 Carrybacks to section 965 years. To the extent an NOL is carried back pursuant
to § 172(b)(1)(D)(i) to a section 965 year, the deemed election under § 965(n) pursuant
to § 172(b)(1)(D)(iv) may not be waived for that section 965 year (including if a taxpayer
previously revoked an election under § 965(n) for that section 965 year pursuant to
§ 1.965-7(e)(2)(ii)(B)). If the deemed election under § 965(n) applies to a section 965
year for which a taxpayer previously revoked or did not previously make an election
under § 965(n), the deemed election shall only apply for purposes of the carryback of an
NOL to such section 965 year.
.03 Consolidated groups.
(1) Defined terms. For purposes of this revenue procedure, with regard to an
affiliated group of corporations (as defined in § 1504) filing (or required to file) a
consolidated return for the taxable year (consolidated group)--
(a) Taxpayer. The term “taxpayer” includes a consolidated group.
(b) NOL. The term “NOL” includes, with regard to a consolidated taxable year,
the excess of deductions over gross income, as determined under § 1.1502-11(a)
(without regard to any consolidated net operating loss (CNOL) deduction).
(2) Manner of making elections. The agent for the consolidated group must make
the election under § 172(b)(3) or 172(b)(1)(D)(v)(I). See §§ 1.1502-21(b) and 1.1502-
77(a) and (c).
.04 Applications under § 6411(a). A taxpayer within the scope of this revenue
procedure may make an application under § 6411(a) for an NOL arising in a taxable
year that began before January 1, 2018, and ended after December 31, 2017, by filing

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the application no later than the deadline described in this section 4.04.
(1) NOLs arising in a taxable year beginning before January 1, 2018, and ending
after December 31, 2017. Taxpayers with an NOL arising in a taxable year that began
before January 1, 2018, and ended after December 31, 2017, who make an application
under § 6411(a) on either Form 1045 or Form 1139 with respect to a carryback of such
NOL will be treated as having timely filed if the application is filed no later than July 27,
2020. Similarly, elections for such taxable years with an NOL to waive any carryback
period, to reduce any carryback period, or to revoke any election made under § 172(b)
to waive any carryback period will be treated as timely filed if filed no later than July 27,
2020. A taxpayer may file such elections where the taxpayer files its Federal income
tax return by attaching the statement required to make the election, with “Filed pursuant
to Rev. Proc. 2020-24” at the top, to an amended return, Form 1045, or Form 1139
containing only the taxpayer’s name, address, and taxpayer identification number. The
statement required to make the election must indicate the section under which the
election is being made and shall set forth information to identify the election, the period
for which it applies, and the taxpayer’s basis and entitlement to make the election.
(2) NOLs arising in taxable years beginning after December 31, 2017. Taxpayers
with NOLs arising in taxable years beginning after December 31, 2017, may consult
Notice 2020-26 for procedures on how to file applications under § 6411(a) for taxable
years that may otherwise be outside of the period for filing such applications.
SECTION 5. EFFECTIVE DATE
This revenue procedure is effective April 9, 2020.

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SECTION 6. DRAFTING INFORMATION
The principal authors of this revenue procedure are James P. Beatty of the Office of
the Associate Chief Counsel (Income Tax & Accounting) and Natalie Punchak of the
Office of Associate Chief Counsel (International). For further information regarding this
revenue procedure, contact James P. Beatty on (202) 317-7006 (not a toll free call) or
Natalie Punchak on (202) 317-6934 (not a toll free call).

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