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Current as of January 01, 2024 | Updated by FindLaw Staff
Sec. 40. (a) The term “separately stated net operating loss” means a federal net operating loss, or a portion of a federal net operating loss, determined according to the Internal Revenue Code that is:
(1) computed as an allowable federal net operating loss with regard to a taxable year; and
(2) required to be carried forward or carried back under the Internal Revenue Code;
regardless of whether the taxpayer had federal taxable income for the year of the loss.
(b) A separately stated net operating loss for a taxable year includes:
(1) an excess business loss for the taxable year under Section 461(l) of the Internal Revenue Code;
(2) a federal net operating loss for a trade or business that is not allowable in the taxable year in which the loss was incurred as a result of the application of Section 512(a)(6)(C) of the Internal Revenue Code, with the federal net operating loss determined separately for each trade or business; and
(3) a federal net operating loss that is not affected by excess inclusion income under Section 860E of the Internal Revenue Code.
(c) For purposes of IC 6-3-2-2.5 and IC 6-3-2-2.6, a separately stated net operating loss must be expressed as a negative number.
Cite this article: FindLaw.com - Indiana Code Title 6. Taxation § 6-3-1-40 - last updated January 01, 2024 | https://codes.findlaw.com/in/title-6-taxation/in-code-sect-6-3-1-40.html
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