The following examples illustrate the provisions of 830 CMR 63.30.2(1)‑(5). For purposes of these examples assume that all of the corporations are calendar year taxpayers that are not subject to the combined reporting rules at M.G.L. c. 63, § 32B, and therefore file separate returns. Further assume that none of the corporations claim a Massachusetts dividends received deduction, unless otherwise stated. The corporations do not carry any net operating loss back to previous taxable years for federal tax purposes unless otherwise stated.
Example 1. Alpha Centauri, Inc., a Massachusetts business corporation, is organized and begins doing business exclusively in Massachusetts in 2009. In 2009 Alpha Centauri incurs a net operating loss of $100,000. In 2010 Alpha Centauri has net income of $50,000, determined without regard to the net operating loss deduction.
As an eligible business corporation, Alpha Centauri may claim the net operating loss deduction. Alpha Centauri takes a net operating loss deduction of $50,000, resulting in net income of $0 for 2010 and $50,000 of net operating loss available for carry forward. Alpha Centauri may not deduct more than 100% of its net income in a tax year.
Example 2. Same facts as Example 1. In 2011, Alpha Centauri has net income of $80,000, determined without regard to the net operating loss deduction. Alpha Centauri is eligible for a net operating loss deduction of $50,000, the carry forward amount available carry forward from 2010, resulting in net income of $30,000, with no further net operating loss available for carry forward.
Example 3. Rigel, Inc., a Massachusetts business corporation, is organized in 2015 and during that tax year does business exclusively in Massachusetts. In 2015, Rigel incurs a net operating loss of $150,000, which it is entitled to carry forward. In 2016, Rigel has gross income of $100,000 and allowable deductions under M.G.L. c. 63, § 30.4 of $50,000, determined without regard to the prior year net operating loss deduction.
Rigel’s net income in 2016 is $50,000, determined by subtracting its allowed deductions under M.G.L. c. 63, § 30.4 from its gross income. As an eligible business corporation, Rigel may claim the net operating loss deduction. Using its net operating loss carry forward, Rigel applies a net operating loss deduction of $50,000, resulting in net income of $0 for 2016 and $100,000 of remaining net operating loss carry forward. Rigel incurs no net operating loss in 2016 because its deductions under M.G.L. c. 63, § 30.4 do not exceed its gross income.
Example 4. Betelgeuse, Inc. is a business corporation that has been in existence for several years. In 2009 Betelgeuse does not do business in Massachusetts, but incurs a loss for the year. In 2010 Betelgeuse does business in Massachusetts and incurs a pre-apportioned loss of $60,000.
Betelgeuse may not claim a net operating loss deduction for the loss incurred in 2009 because it was not subject to Massachusetts tax during that year. Betelgeuse may claim a net operating loss deduction for the loss incurred in 2010 when computing net income for 2011. The deduction is computed as follows:
The pre-apportionment amount of loss available to Betelgeuse for carry forward from 2010 is $60,000. Betelgeuse must convert its pre-apportionment loss figures to post-apportionment net operating loss by multiplying the loss by its Massachusetts apportionment percentage for the year in which the loss was incurred. Betelguese’s apportionment percentage for 2010 is 25%. Betelgeuse thus has a post-apportionment net operating loss available to carry forward from 2010 of $15,000, calculated as follows: $60,000 * 25%.
In 2011, Betelgeuse does business in Massachusetts and has net income of $100,000, determined without regard to the net operating loss deduction. Betelgeuse's Massachusetts apportionment percentage is 10% for 2011. Betelgeuse’s taxable net income apportioned to Massachusetts for 2011 is $10,000, calculated as follows: $100,000 net income * 10% apportionment percentage = $10,000 taxable net income.
Betelgeuse's net operating loss deduction for the taxable year 2011 is $10,000, the lesser of the $15,000 of net operating loss available for deduction from 2010, or the $10,000 maximum deduction, namely one hundred percent of the corporation's net income, determined under 830 CMR 63.30.2(4)(c). Betelgeuse has Massachusetts net income of $0, computed by subtracting the $10,000 net operating loss deduction from $10,000 of Massachusetts net income, determined without regard to the net operating loss deduction. After 2011, Betelgeuse has $5,000 of net operating loss available to carry forward. The entire $5,000 is attributable to the 2010 net operating loss.
Example 5. Assume the same facts as in Example 4 and that Betelgeuse does not have net income that is subject to the income measure of the Massachusetts corporate excise tax from 2012 through 2014. In 2012, Betelgeuse does no business in Massachusetts and is not taxable in the state. In 2013 and 2014, Betelgeuse resumes doing business in Massachusetts and is therefore taxable in the state but is protected from the imposition of the income measure of the corporate excise by Public Law 86-272 (note that Betelgeuse would nonetheless be subject to the non-income measure of the corporate excise or the minimum excise). In 2015, Betelgeuse continues its business activity in Massachusetts but is no longer protected by Public Law 86-272, and is thus subject to the income measure of the corporate excise. In 2015, Betelgeuse has net income of $8,000, determined without regard to the net operating loss deduction. Betelgeuse's Massachusetts apportionment percentage is 20% in 2015. Thus, Betelgeuse’s post-apportioned Massachusetts net income is $1,600 in 2015.
Betelgeuse may claim the net operating loss deduction for losses incurred in 2010 when computing its 2015 net income. The amount available to carry forward from 2010 is $5,000, determined as follows. Betelgeuse must subtract from the $15,000 post-apportioned net operating loss incurred in 2010, the $10,000 of that loss that was deducted in 2011, leaving $5,000. Betelgeuse makes no adjustment to the $5,000 carry forward amount in 2012, 2013 and 2014, although those three years count in determining the remaining carry forward period associated with the loss incurred in 2010 Thus the remaining $5,000 carry forward from 2010 is available for use in 2015.
The maximum allowable amount of Betelgeuse's net operating loss deduction for 2015 is $1,600, namely, 100% of the corporation’s net income for purposes of applying the limitations on the net operating loss deduction, as set forth in 830 CMR 63.30.2(4)(c), determined by multiplying the corporation’s net income of $8,000 by its apportionment percentage of 20%.
Betelgeuse's net operating loss deduction for the taxable year is $1,600 resulting in Massachusetts net income of $0, determined by subtracting the $1,600 net operating loss deduction from $1,600 of Massachusetts net income as set forth in 830 CMR 63.30.2(4)(c).
After subtracting the $1,600 of net operating loss from the total available net operating loss of $5,000 carried forward from tax years 2010 – 2014, Betelgeuse has $3,400 of net operating loss remaining that is attributable to 2010. Because losses incurred in a taxable year beginning on or after January 1, 2010 may be carried forward twenty taxable years from the year in which they are incurred, including taxable years during which a corporation is not subject to the income measure of the corporate excise in Massachusetts, the $3,400 of net operating loss is available to carry forward to subsequent taxable years until 2030.
Example 6. In taxable year 2030 Corporation X has a Massachusetts net income of $10,000. This net income figure was calculated by taking into account a dividends received deduction of $5,000 that Corporation X was eligible to take in 2030. Corporation X has a net operating loss of $20,000 generated in 2010 that was carried forward and never used. Corporation X is permitted to use $10,000 of the carried-forward loss against its net income of $10,000. The remaining $10,000 of loss generated in 2010 is not eligible for further carry forward, and is lost.