This article has been saved to your Favorites!

Md. Bill Seeks To Disallow CARES Act's NOL Carrybacks

By Daniel Tay · 2021-02-03 13:46:01 -0500

Maryland taxpayers would not be eligible for net operating loss carrybacks under the federal Coronavirus Aid, Relief and Economic Security Act when determining their state adjusted gross income under a bill introduced in the state Senate.

Under S.B. 578, the state would add to federal adjusted gross income the net operating loss deductions for taxable years beginning after Dec. 31, 2013, but before Jan. 1, 2021, that a taxpayer could claim under the Internal Revenue Code as modified by the CARES Act  in March.

A taxpayer would also have to add back excess business loss amounts for taxable years beginning after Dec. 31, 2017, but before Jan. 1, 2021, that would otherwise be allowed under the CARES Act.

Additionally, a taxpayer would have to add back interest expense deductions for taxable years beginning after Dec. 31, 2018, but before Jan. 1, 2021, that would otherwise be allowed under the CARES Act.

The bill's provisions would be applicable for taxable years beginning after Dec. 31, 2020, but before Jan. 1, 2022.

The bill was introduced by Sen. Cory McCray, D-Baltimore.

--Editing by Neil Cohen.

For a reprint of this article, please contact reprints@law360.com.