105-131.4. Carryforwards; carrybacks; loss limitation.
(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.
(d) (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.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 105-130.3 - Corporations[Effective for taxable years beginning before January 1, 2019]
§ 105-130.4 - Allocation and apportionment of income for corporations.
§ 105-130.5 - Adjustments to federal taxable income in determining State net income.
§ 105-130.5A - Secretary's authority to adjust net income or require a combined return.
§ 105-130.5B - Adjustments when State decouples from federal accelerated depreciation and expensing.
§ 105-130.7A - Royalty income reporting option.
§ 105-130.7B - Limitation on qualified interest for certain indebtedness.
§ 105-130.8A - Net loss provisions.
§ 105-130.10A - Amortization of equipment mandated by OSHA.
§ 105-130.11 - Conditional and other exemptions.
§ 105-130.12 - Real estate investment trusts.
§ 105-130.14 - Corporations filing consolidated returns for federal income tax purposes.
§ 105-130.15 - Basis of return of net income.
§ 105-130.17 - Time and place of filing returns.
§ 105-130.19 - When tax must be paid.
§ 105-130.20 - Federal determinations and amended returns.
§ 105-130.21 - Information at the source.
§ 105-130.25 - Credit against corporate income tax for construction of cogenerating power plants.
§ 105-130.35 - Recodified as § 105-269.5 by Session Laws 1991, c45, s20.
§ 105-130.40 - Recodified as § 105-129.8 by Session Laws 1996, 2nd Extra Session, c13, s3.2.
§ 105-131 - Title; definitions; interpretation.
§ 105-131.2 - Adjustment and characterization of income.
§ 105-131.3 - Basis and adjustments.
§ 105-131.4 - Carryforwards; carrybacks; loss limitation.
§ 105-131.5 - Part-year resident shareholder.
§ 105-131.7 - Returns; shareholder agreements; mandatory withholding.
§ 105-131.8 - Tax credits[Effective for taxable years beginning before January 1, 2022]
§ 105-132 - Recodified as § 105-135 by Session Laws 1967, c1110, s3.
§ 105-151.17 - Recodified as § 105-129.8 by Session Laws 1996, 2nd Extra Session, c13, s3.4.
§ 105-153.4 - North Carolina taxable income defined.
§ 105-153.5 - Modifications to adjusted gross income.
§ 105-153.6 - Adjustments when State decouples from federal accelerated depreciation and expensing.
§ 105-153.7 - Individual income tax imposed.
§ 105-153.8 - Income tax returns.
§ 105-153.9 - Tax credits for income taxes paid to other states by individuals.
§ 105-154 - Information at the source returns.
§ 105-155 - Time and place of filing returns; extensions; affirmation.
§ 105-157 - When tax must be paid.
§ 105-158 - Taxation of certain Armed Forces personnel and other individuals upon death.
§ 105-159 - Federal determinations and amended returns.
§ 105-160.2 - Imposition of tax.
§ 105-160.4 - Tax credits for income taxes paid to other states by estates and trusts.
§ 105-160.6 - Time and place of filing returns.
§ 105-160.7 - When tax must be paid.
§ 105-160.8 - Federal determinations.
§ 105-163.07 - Recodified as § 105-151.21 by Session Laws 1991, c45, s14.