- 2 -
|
Instructions for Form NYC-NOLD-UBTI - 2020 Page 2
Note: According to the federal Tax Cuts If the unincorporated business was car- tered on line 6, for any earlier loss years.
and Jobs Act of 2017, net operating losses ried on both inside and outside New York If utilizing losses from both pre- and
(NOL) generated during or after 2018 gen- City during the year in which the net op- post-TCJA years, the total amount car-
erally may no longer be carried back. erating loss was sustained, the allowable ried from post-TCJA years may not ex-
These losses may be carried forward in- current year’s net operating loss deduc- ceed 80% of Schedule A, line 10, and
definitely; however each year’s NOL de- tion is to be determined by reference to the total combined deduction cannot ex-
duction will be limited to 80% of taxable the allocation basis or method used in ceed the amount of Form NYC-202 or
income (without regard to the deduction). the year the loss was sustained, regard- NYC-202-EIN, Schedule A, line 10.
less of whether the unincorporated busi-
Note further that for UBT purposes, ness was carried on both inside and Line 7
Admin. Code §11-507(2)(c) decouples outside New York City during the current Add the amounts on Line 6 and enter the
from the federal Coronavirus Aid, Relief, year total here and on Form NYC-202 or
and Economic Security Act (CARES Act) NYC-202-EIN, Page 1, Schedule A, Line
provisions that temporarily reversed the LINE1a 11.
Tax Cuts and Jobs Act changes relating Enter the year ended date (MM-DD-
to net operating losses for federal pur- YYYY) for the earliest loss year in col-
poses. See Finance Memorandum 20-6 umn Year 1.
for more information.
LINE 1b
The schedule allows for up to five (5) Enter the amount of loss allocated to
loss years. If the current year’s net op- New York City.
erating loss deduction is derived from
more years, please complete and attach LINE 5
separate schedule(s). If the amount on Schedule A, line 10 is a
loss, enter "0." For Loss Years beginning
The net operating loss deduction allow- on or prior to December 31, 2017 (pre-
able on Form NYC-202 and NYC-202- TCJA years), enter on line 5 the amount
EIN is computed in the same manner for from Schedule A, line 10 reduced by the
unincorporated business tax purposes sum of the amounts entered on line 6, for
as it would be for federal income tax pur- any earlier loss years. For Loss Year be-
poses, but taking into account only unin- ginning on or after January 1, 2018
corporated business gross income and (post-TCJA years), enter on line 5 80%
unincorporated business deductions al- of the amount from Form NYC-202 or
located to New York City of the unincor- NYC-202-EIN, Schedule A, line 10, re-
porated business. duced by the sum of the amounts en-
|