When carrying back a Michigan NOL to prior years,
Form MI-1045 and supporting documentation must be led
within four years after the date set for ling the return for
the year in which the NOL was incurred. For example, if
the original NOL was incurred in 2013, the original 2013
return was due April 15, 2014. Form MI-1045 must be led by
April 15, 2018 to carry back the 2013 Michigan NOL to a
year that is otherwise outside the general four-year statute of
limitations period to claim a refund. If Form MI-1045 is led
after the four-year statutory period has expired, no refund is
allowed for the carryback year. However, after absorbing the
NOL in those carryback periods, a carryforward may still exist
to offset income in subsequent years.
Carryforward
The carryforward period is limited to 20 consecutive years
following the loss year for both federal and Michigan taxes.
Include a copy of the originally led Form MI-1045 with
each Form MI-1040 that claims the NOLD until that loss is
exhausted. A schedule demonstrating how the Michigan NOL
has been used must be included. See instructions for “Part 3:
Compute the NOL Carryforward for the Subsequent Years” on
page 6. The NOL carryover must be used in consecutive years.
The total amount of the federal NOLD used to arrive at
federal AGI must be added back on Michigan Schedule 1. The
Michigan NOLD is entered as a subtraction on the Michigan
Schedule 1. If there are Michigan NOLs from multiple tax
years, the total unused losses must be combined. This amount is
the NOL determined on Form MI-1045, line 22, less any of the
loss used in previous years.
Keep all records for the loss year(s) until the NOL has been
exhausted or the carryforward period expired.
Farmland Preservation Tax Credit
The farmland preservation tax credit is computed using
household income, not total household resources which does not
allow for an NOL.
The NOLD allowed in household income cannot exceed Federal
Modied Taxable Income (FMTI) in the year to which it is
being carried back or carried forward as dened in section
172(b)(2) of the IRC. FMTI is computed by modifying federal
taxable income to remove the federal exemption allowance,
the capital loss deduction, DPAD, and the NOLD. For more
information about FMTI, see IRS Publication 536.
When ling a refund claim from the carryback of a Michigan
NOL for the farmland preservation tax credit, prepare an
amended Form MI-1040CR-5 for each year the loss is being
carried back and include with Form MI-1045. The amount of the
allowable NOLD for use in household income is calculated on
page 3 of Form MI-1045 for both carrybacks and carryforwards.
The amount of the carryback deduction is the lesser of lines 58
or 59 and the amount of the carryforward deduction is the lesser
of lines 58 or 64. Claim the amount of the NOLD allowed on the
“federal net operating loss deduction” line on Form MI-1040CR-5
for each applicable year.
Example: Your 2015 FMTI is $20,000, and your 2015 federal
NOLD is $50,000. The amount of the 2015 NOLD of $50,000
that may be used in 2015 household income for a farmland
preservation tax credit is limited to $20,000. The balance
of $30,000 will be available for use on your 2016 farmland
preservation tax credit, limited to your 2016 FMTI.
NOTE: To deduct an NOLD from household income, there
must be a corresponding federal NOLD. If there is no federal
NOLD in AGI, there is no NOLD to claim in household income.
Nonresidents and Part-Year Residents
Nonresidents and part-year residents may also be entitled to
a Michigan NOLD. To determine if a Michigan NOL was
incurred, complete Part 1 of Form MI-1045. Only Michigan-
sourced income, losses or deductions may create a Michigan
NOL. In a carryforward year, the federal NOLD must be
removed from taxable income to the extent included in federal
AGI. Nonresidents and part-year residents enter the entire
federal NOLD in Column C on Michigan Schedule NR. The
Michigan NOL is claimed on the Michigan Schedule 1 as a
subtraction.
NOTE: Do not report a Michigan NOL on Michigan Schedule
NR or claim the federal NOLD as an addition on Michigan
Schedule 1.
Required Supporting Documentation
Include a copy of the federal income tax return with applicable
schedules and statements that substantiate the Michigan NOL:
• U.S. Form 1040, pages 1 and 2
• U.S. Form 1040 Schedule(s) A, B, C, D, E, F
• U.S. Form 4797
• U.S. Form 4835
• Any other applicable documents, including Schedule(s) K-1
from U.S. Form 1040 and the detailed schedule explained in
the instructions for Part 3
• MI-1041 and nal Schedule K-1 from the U.S Form 1041
when an NOL is created from the termination of a trust.
Be sure to indicate the business activity and location (city and
state) of each source of income or loss. If there is income or loss
subject to apportionment, a Schedule of Apportionment (Form
MI-1040H) must be included.
Amending the NOL
To amend an NOL carryforward, complete a revised Form
MI-1045 and le an amended MI-1040. Beginning with tax
year 2017, check the Amended return box at the top of page 1
of the MI-1040 form and include the Michigan Amended Return
Explanation of Changes (Schedule AMD) and all applicable
schedules and supporting documentation to amend your return.
To amend an NOL carryback, complete Form MI-1045. Write
“Amended” across the top and provide all required supporting
documentation to substantiate the change(s). It is not necessary
to amend a Form MI-1040 return for the carryback year to claim
a refund of an NOL carryback.
2017 MI-1045, Page 5