701—40.18 (422) Net operating loss carrybacks and carryovers. Net operating losses shall be allowed or allowable for Iowa individual income tax purposes and will be computed using a method similar to the method used to compute losses allowed or allowable for federal income tax purposes. In determining the applicable amount of Iowa loss carrybacks and carryovers, the adjustments to net income set forth in Iowa Code section 422.7 and the deductions from net income set forth in Iowa Code section 422.9 must be considered.
	 40.18(1) Treatment of federal income taxes.
	  a.   	 Refund of federal income taxes due to net operating loss carrybacks or carryovers shall be reflected in the following manner:
	 (1) 	 Accrual basis taxpayers shall accrue refunds of federal income taxes to the year in which the net operating loss occurs.
	 (2) 	 Cash basis taxpayers shall reflect refunds of federal income taxes in the return for the year in which the refunds are received.
	 (3) 	 Refunds reported in the year in which the net operating loss occurs which contain both business and nonbusiness components shall be analyzed and separated accordingly. The amount of refund attributable to business income shall be that amount of federal taxes paid on business income which are being refunded.
	  b.   	 Federal income taxes paid in the year of the loss which contain both business and nonbusiness components shall be analyzed and separated accordingly. Federal income taxes paid in the year of the loss shall be reflected as a deduction to business income to the extent that the federal income tax was the result of the taxpayer’s trade or business. Federal income taxes paid which are not attributable to a taxpayer’s trade or business shall also be allowed as a deduction but will be limited to the amount of gross income which is not derived from a trade or business.
	 40.18(2) Nonresidents doing business within and without Iowa. If a nonresident does business both within and without Iowa, the nonresident shall make adjustments reflecting the apportionment of the operating loss on the basis of business done within and without the state of Iowa, according to rule 40.16(422). The apportioned income or loss shall be added or deducted, as the case may be, to any amount of other income attributable to Iowa for that year.
	 40.18(3)  Loss carryback and carryforward. The net operating loss attributable to Iowa as determined in rule 40.18(422) shall be subject to the federal 2-year carryback and 20-year carryover provisions if the net operating loss was for a tax year beginning after August 5, 1997, or subject to the federal 3-year carryback and the 15-year carryforward provisions if the net operating loss was for a tax year beginning prior to August 6, 1997. However, in the case of a casualty or theft loss for an individual taxpayer or for a net operating loss in a presidentially declared disaster area incurred by a taxpayer engaged in a small business or in the trade or business of farming, the net operating loss is to be carried back 3 taxable years and forward 20 taxable years if the loss is for a tax year beginning after August 5, 1997. The net operating loss or casualty or theft loss shall be carried back or over to the applicable year as a reduction or part of a reduction of the taxable income attributable to Iowa for that year. However, a net operating loss shall not be carried back to a year in which the taxpayer was not doing business in Iowa. If the election under Section 172(b)(3) of the Internal Revenue Code is made, the Iowa net operating loss shall be carried forward 20 taxable years if the net operating loss is for a tax year beginning after August 5, 1997, or the net operating loss shall be carried forward 15 taxable years if the loss is for a tax year beginning before August 6, 1997. A copy of the federal election made under Section 172(b)(3) of the Internal Revenue Code must be attached to the Iowa individual return filed with the department.
	 40.18(4) Loss not applicable.  No part of a net loss for a year for which an individual was not subject to the imposition of Iowa individual income tax shall be included in the Iowa net operating loss deduction applicable to any year prior to or subsequent to the year of the loss.
	 40.18(5) Special adjustments applicable to net operating losses. Section 172(d) of the Internal Revenue Code provides for certain modifications when computing a net operating loss. These modifications refer to, but are not limited to, such things as considerations of other net operating loss deductions, treatment of capital gains and losses, and the limitation of nonbusiness deductions. Where applicable, the modifications set forth in Section 172 of the Internal Revenue Code shall be considered when computing the net operating loss carryover or carryback for Iowa income tax purposes.
	 40.18(6) Distinguishing business or nonbusiness items. In computing a net operating loss, nonbusiness deductions may be claimed only to the extent of nonbusiness income. Therefore, it is necessary to distinguish between business and nonbusiness income and expenses. For Iowa net operating loss purposes, an item will retain the same business or nonbusiness identity which would be applicable for federal income tax purposes.
	 40.18(7) Examples. The computation of a net operating loss deduction for Iowa income tax purposes is illustrated in the following examples:
	  a.   	 Individual A had the following items of income for the taxable year:

Gross income from retail sales business	$125,000	
Interest income from federal securities	2,000	
Salary from part-time job	 	12,500	
Individual A’s federal return showed the following deductions:	 	
Business deductions (retail sales)	$150,000	
Itemized (nonbusiness) deductions:	 	
Interest	$400	 	
Real estate tax	600	 	
Iowa income tax	800	$ 1,800	
 			
Individual A paid $3,000 federal income tax during the year which consisted of $2,500 federal withholding (business) and a $500 payment (nonbusiness) which was for the balance of the prior year’s federal tax liability.
The federal computations are as follows:

 	Per Return	 	Computed NOL	
Income:	 	 	 	
Retail Sales	$125,000	 	$125,000	
Interest income-federal securities	2,000	 	2,000	
Salary	12,500	 	12,500	
Subtotal	$139,500	 	$139,500	
 	 	 	 	
Deductions:	 	 	 	
Business	$150,000	 	$150,000	
Itemized deductions	1,800	 	1,800	
(Loss) per federal	($ 12,300)	 	 	
Computed net operating loss	 	 	($ 12,300)	
Since the nonbusiness deductions do not exceed the nonbusiness income, the loss per the federal return and the computed net operating loss are the same.
The Iowa computations are as follows:

 	Per Return	 	Computed NOL	
Income:	 	 	 	
Retail sales	$125,000	 	$125,000	
Salary	12,500	 	12,500	
Subtotal	$137,500	 	$137,500	
 	 	 	 	
Deductions:	 	 	 	
Business	$150,000	 	$150,000	
Federal tax deductions	3,000	 	2,500	
Itemized deductions	1,000	 	-	
(Loss) per return	($ 16,500)	 	 	
Computed Iowa NOL	 	 	($ 15,000)	
Note:  Itemized (nonbusiness deductions) are eliminated due to the lack of nonbusiness income. The only nonbusiness income, interest from federal securities, is not taxable for Iowa income tax purposes under Iowa Code section 422.7. The only federal tax deduction allowable is that related to business activity.
	  b.   	 Individual B had the following items of income for the taxable year:

Gross income from restaurant business	 	 	$300,000	
Wages	 	 	12,000	
Business long-term capital gain @100%	 	 	1,000	
Municipal bond interest (nonbusiness)	 	 	1,000	
Federal tax refund of prior year taxes	 	 	500	
Iowa tax refund of prior year taxes	 	 	100	
Individual B’s federal return showed the following deductions:	 	 	
Business deductions from restaurant	 	 	$333,000	
Itemized deductions:	 	 	 	
Interest (nonbusiness)	$590	 	 	
Real estate tax (nonbusiness)	780	 	 	
Iowa income tax*	520	 	 	
Alimony (nonbusiness)	600	 	 	
Union dues (business)	100	 	2,590	
 				
*Iowa estimated payments totaled $220 of which $70 related to nonbusiness income and $150 related to business capital gains and business profits. $300 in Iowa tax was withheld from his wages.
Individual B paid $2,000 in federal income taxes during the tax year. $1,500 of this amount was withholding on wages and $500 was a federal estimated payment based on capital gains and projected business profits.
In the previous year 75 percent of B’s income was from business sources and 25 percent was from nonbusiness sources.
The federal computations are as follows:

 	Per Return	 	Computed NOL	
Income:	 	 	 	
Retail sales	$300,000	 	$300,000	
Wages	12,000	 	12,000	
Capital gains	500(a)	1,000(a)	
Iowa refund	100	 	100	
Subtotal	$312,600	 	$313,100	
 	 	 	 	
Deductions:	 	 	 	
Business	$333,000	 	$333,000	
Itemized deductions	2,590	 	575(b)	
(Loss) per federal	($ 22,990)	 	 	
Computed net operating loss	 	 	($ 20,475)	
(a) Capital gains are reduced by 50 percent in computing adjusted gross income, but must be reported in full in computing a net operating loss.
(b) Itemized deductions are limited to business deductions consisting of $100 for union dues, $450 for Iowa tax on business income, and nonbusiness deductions to the extent of nonbusiness income which amounts to $25. The only nonbusiness income is 25 percent of the $100 Iowa refund.
The Iowa computations are as follows:

 	Per Return	 	Computed NOL	
Income:	 	 	 	
Retail sales	$300,000	 	$300,000	
Wages	12,000	 	12,000	
Capital gains	500	 	1,000	
Municipal bond interest	1,000	 	1,000	
Federal refund	500	 	500	
Subtotal	$314,000	 	$314,500	
 	 	 	 	
Deductions:	 	 	 	
Business	$333,000	 	$333,000	
Federal tax	2,000	 	2,000	
Itemized deductions	2,070(c)	 	1,225(d)	
(Loss) per return	($ 23,070)	 	 	
Computed Iowa NOL	 	 	($ 21,725)	
(c) Iowa income tax is not an itemized deduction for Iowa income tax purposes.
(d) Itemized deductions are limited to business deductions of $100 for union dues and nonbusiness deductions to the extent of nonbusiness income of $1,125. Nonbusiness income includes $1,000 of municipal bond interest and 25 percent ($125) of the federal tax refund.
	 40.18(8) Net operating losses for nonresidents and part-year residents for tax years beginning on or after January 1, 1982. For tax years beginning on or after January 1, 1982, nonresidents and part-year residents may carryback/carryforward only those net operating losses from Iowa sources. Nonresidents and part-year residents may not carryback/carryforward net operating losses which are from all sources.
Before the Iowa net operating loss of a nonresident or part-year resident is available for carryback/carryforward to another tax year, the loss must be decreased or increased by a number of possible adjustments depending on which adjustments are applicable to the taxpayer for the year of the loss. Iowa Net Operating Loss (NOL) Worksheet (41-123) may be used to make the adjustments to the net operating loss and compute the net operating loss deduction available for carryback/carryforward.
If the net operating loss was increased by an adjustment for an individual retirement account or H.R.10 retirement plan, the net operating loss should be decreased by the amount of the adjustment. The net operating loss should also be decreased by the amount of any capital loss or by the capital gain deduction to the extent the capital loss or capital gain deduction was from the sale or exchange of an asset from an Iowa source.
In a situation where the nonresident or part-year resident taxpayer received a federal income tax refund in the year of the NOL, the refund should reduce the loss in the ratio of the Iowa source income to the all source income for the tax year in which the refund was generated.
The net operating loss should be increased by any federal income tax paid in the loss year for a prior year in the ratio of the Iowa income for the prior year to the all source income for the prior year. Federal income tax withheld from wages or other compensation received in the loss year may be used to increase the Iowa net operating loss to the extent the tax is withheld from wages or other compensation earned in Iowa.
Federal estimate tax payments would be allocated to Iowa and increase the net operating loss on the basis of the Iowa income not subject to withholding to total income not subject to withholding. In any case where this method of allocation of federal estimate payments to Iowa is not considered to be equitable, the taxpayer may allocate the payments using another method as long as this method is disclosed on the taxpayer’s Iowa individual income tax return for the year of the loss. However, the burden of proof is on the taxpayer to show that an alternate method of allocation is equitable.
Nonbusiness deductions included in the itemized deductions paid during the year of the net operating loss may be used to increase the NOL to the extent of nonbusiness income which is reported to Iowa in computation of the net operating loss. In most instances of net operating losses for nonresidents, no itemized deductions will be allowed in computing the net operating loss deduction. This is because most nonresidents will have no nonbusiness income reported to Iowa. Business deductions included in the federal itemized deductions may be used to increase the net operating loss deduction to the extent the deductions pertain to a business, trade, occupation or profession conducted in Iowa.
Example A.  A nonresident taxpayer had the following all source income and Iowa source income for 1982:

 	Category	All Source Income	 	Iowa Source Income	 	
 	 	 	 	 	 	
 	Wages	$20,000	 	$20,000	 	
 	Interest	5,000	 	0	 	
 	Rental income	5,000	 	5,000	 	
 	Business loss	(50,000)	 	(10,000)	 	
 	Iowa net income (loss)	($20,000)	 	$15,000	 	
The nonresident taxpayer did not have an Iowa net operating loss available for carryback/carryforward for Iowa income tax purposes because the taxpayer’s Iowa source income was not negative. The taxpayer’s all source loss of ($20,000) does not qualify for carryback/carryforward on the Iowa return. However, since the taxpayer’s all source income is negative, the taxpayer will not have an Iowa income tax liability for the year of the all source loss.
Example B.  A nonresident taxpayer received a federal refund of $1,000 in 1983. The refund was from the taxpayer’s 1981 federal return where the taxpayer’s Iowa income was 20% of the total income. $2,000 of federal income tax was withheld from the taxpayer’s Iowa wages in 1982. The taxpayer had $10,000 in itemized deductions in 1982. However, the taxpayer had no Iowa nonbusiness income in 1982. In addition, no Iowa business deductions were included in the itemized deductions available on the federal return. The individual had the following all source income and Iowa source income in 1982:

 	Category	All Source Income	 	Iowa Source Income	 	
 	 	 	 	 	 	
 	Wages	$60,000	 	$10,000	 	
 	Interest	3,000	 	0	 	
 	Rental income	5,000	 	5,000	 	
 	Farm income loss	(30,000)	 	(30,000)	 	
 	Capital gain	2,000	 	2,000	 	
 	Total incomes	$40,000	 	($13,000)	 	
The taxpayer’s Iowa source loss of ($13,000) was decreased by $200 of the federal refund since 20% of the refund was considered to be from Iowa income. The loss was decreased by $3,000 which was the capital gain deduction of the Iowa source asset sold in 1982. The loss was increased by the federal income tax withheld of $2,000 from Iowa wages. Because there is no Iowa source nonbusiness income nor Iowa source business deductions, the taxpayer’s itemized deductions will not affect the net operating loss deduction.
Shown below is a recap of the net operating loss deduction for the nonresident taxpayer.

 	Iowa source net loss 		($13,000)	 	
 	Iowa portion of federal refund 		200	 	
 	Federal tax withheld on Iowa wages 		(2,000)	 	
 	Capital gain deduction 		3,000	 	
 	Total	($11,800)	 	
The taxpayer’s net operating loss deduction available for carryback/carryforward to another tax year is ($11,800).
After all adjustments are made to the Iowa net operating loss to compute the net operating loss deduction available for carryback/carryforward, the NOL deduction is applied to the carryback/carryforward tax year as described in paragraph “a” and paragraph “b” below:
	  a.   	 Application of net operating losses to tax years beginning prior to January 1, 1982. In cases where a net operating loss deduction for a nonresident or part-year resident for a tax year beginning on or after January 1, 1982, is applied to a tax year beginning prior to January 1, 1982, the net operating loss deduction is applied to the taxable income for the carryback/carryforward year unless the NOL deduction is greater than the taxable income. If the NOL deduction is greater than the taxable income, the taxable income is increased by any Iowa source capital loss or any Iowa source capital gain deduction before the NOL deduction is applied against the taxable income.
Example 1.  A nonresident taxpayer has an Iowa net operating loss deduction of ($15,000) from the taxpayer’s 1982 Iowa return. The taxpayer is carrying the NOL deduction back to 1979 where taxpayer’s Iowa taxable income was $14,000. The taxpayer had a net capital loss of $3,000 in 1979. Because the taxpayer’s 1979 taxable income of $14,000 was $1,000 less than the NOL deduction, the taxable income was increased by $1,000 of the net capital loss so there would be no carryover of the NOL to 1980. However, since the NOL deduction erased all the taxable income for 1979, the taxpayer would be granted a refund of all the Iowa income tax paid for the carryback year of 1979, plus applicable interest.
	  b.   	 Application of net operating losses to tax years beginning on or after January 1, 1982. In situations where a net operating loss of a nonresident or part-year resident for a tax year beginning on or after January 1, 1982, is carried back/carried forward for application to a tax year beginning on or after January 1, 1982, the net operating loss deduction is applied to the Iowa source income of the taxpayer for the carryback/carryforward year. The Iowa source income is the income on line 25 of Section B of Schedule IA-126 for the 1982 and 1983 Iowa returns and line 26 of Section B of Schedule IA-126 for the 1984 Iowa return and the incomes on similar corresponding lines of Section B of Schedule IA-126 for tax years after 1984. In situations where the net operating loss deductions are larger than the Iowa source incomes, the Iowa source incomes are increased by any Iowa source capital gains or capital losses that are applicable, not to exceed the NOL deduction.
The Iowa source net income after reduction by the NOL deduction is divided by the all source income for the taxpayer. The resulting percentage is the adjusted Iowa income percentage. This percentage is subtracted from 100 percent to arrive at the revised nonresident/part-year resident credit for the taxpayer. The taxpayer’s overpayment as a result of the net operating loss is the amount by which the revised nonresident/part-year credit exceeds the nonresident/part-year credit prior to application of the net operating loss deduction.
Example 1.  A nonresident taxpayer had a net operating loss deduction of $11,800 for the 1996 tax year. When the 1996 Iowa return was filed, the taxpayer elected to carry the loss forward to the 1997 tax year. The taxpayer’s all source net income and Iowa source net income for 1997 were as shown below. The net operating loss carryforward from 1996 is deducted only from the Iowa source income for 1997:

 	Category	All Source Income	 	Iowa Source Income	 	
 	 	 	 	 	 	
 	Wages	$ 60,000	 	$ 20,000	 	
 	Interest	3,000	 	0	 	
 	Rental income	10,000	 	3,000	 	
 	Farm income	25,000	 	25,000	 	
 	Capital gain	2,000	 	2,000	 	
 	Net operating loss	 	 	 	 	
 	carryforward	—	 	(11,800)	 	
 	Iowa net income	$100,000	 	$ 38,200	 	
The Iowa source income of $38,200 after reduction by the NOL carryforward is divided by the all source income of $100,000 which results in an Iowa income percentage of 38.2. This percentage is subtracted from 100 percent to arrive at the nonresident/part-year resident credit percentage of 61.8. When the tax after credit amount of $7,364 is multiplied by the nonresident/part-year credit percentage of 61.8, this results in a credit of $4,551. This credit is $869 greater than the nonresident/part-year credit of $3,682 would have been for 1997 without application of the net operating loss deduction which was carried forward from 1996.
	 40.18(9) Net operating loss carryback for a taxpayer engaged in the business of farming. Notwithstanding the net operating loss carryback periods described in subrule 40.18(3), a taxpayer who is engaged in the trade or business of farming as defined in Section 263A(e)(4) of the Internal Revenue Code and has a loss from farming as defined in Section 172(b)(1)(F) of the Internal Revenue Code for a tax year beginning on or after January 1, 1998, this loss from farming is a net operating loss which the taxpayer may carry back five taxable years prior to the year of the loss. Therefore, if a taxpayer has a net operating loss from the trade or business of farming for the 1998 tax year, the net operating loss from farming can be carried back to the taxpayer’s 1993 Iowa return and can be applied to the income shown on that return. The farming loss is the lesser of (1) the amount that would be the net operating loss for the tax year if only income and deductions from the farming business were taken into account, or (2) the amount of the taxpayer’s net operating loss for the tax year. Thus, if a taxpayer has a $10,000 loss from a grain farming business and the taxpayer had wages in the tax year of $7,000, the taxpayer’s loss for the year is only $3,000. Therefore, the taxpayer has a net operating loss from farming of $3,000 that may be carried back five years.
However, if a taxpayer has a net operating loss from the trade or business of farming for a taxable year beginning in 1998 or for a taxable year after 1998 and makes a valid election for federal income tax purposes to carry back the net operating loss two years, or three years if the loss was in a presidentially declared disaster area or related to a casualty or theft loss, the net operating loss must be carried back two years or three years for Iowa income tax purposes. A copy of the federal election made under Section 172(i)(3) for the two-year or three-year carryback in lieu of the five-year carryback may be attached to the Iowa return or the amended Iowa return to show why the carryback was two years or three years instead of five years.
This rule is intended to implement Iowa Code sections 422.5 and 422.7 and Iowa Code Supplement section 422.9(3).