For example, if excess capital loss and DPAD were in your 2017
AGI, your NOL carryforward claimed in 2018 must be reduced
to the extent the deductions reduced Michigan taxable income.
The amount of the available NOL deduction for a year is
equal to the sum of all NOL carryforwards and carrybacks
for the taxable year. A copy of the U.S. Form 1040 and all
supporting federal tax schedules and statements for the loss
year(s) that substantiate the NOL (see “Required Supporting
Documentation” on page 6) must be included with Form
MI-1045. If a carryover remains, this documentation must be
submitted for every year the NOL deduction is claimed. For
assistance in computing the Michigan NOL carryover, see
“Michigan NOL Carryover Worksheet” available on Treasury’s
Web site. It is not necessary to amend an MI-1040 return
to claim a refund of an NOL carryback. However, the
appropriate MI-1045 must be led, depending on the year the
loss was created.
When there is a change in ling status, Michigan follows
federal regulations. For additional information, see Internal
Revenue Service (IRS) Publication 536.
Carryover of NOLs Created in 2018 and Later
Carryback
The federal 2017 TCJA limits the carryback of an NOL to only
the portion of the NOL that is attributable to a farming loss
from a farming business. A carryback of a non-farming NOL
created after 2017 is not allowed. The term “farming business”
is dened in IRC 263A. Farming loss, as dened in IRC 172,
means the lesser of: the amount which would be the NOL for
the taxable year if only income and deductions attributable to
a farming business is considered or the amount of the NOL for
such taxable year. Generally, the farming NOL carryback is
limited to the two taxable years preceding the year of the loss.
The farming carryback is subject to the 80 percent limitation.
Any unused loss may be carried forward indenitely until the
loss is absorbed.
When carrying back a Michigan farming 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 is incurred in 2018, the
original 2018 return is due April 15, 2019. Form MI-1045 must
be led by April 15, 2023 to carry back the 2018 Michigan
farming 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 farming NOL in those carryback periods,
a carryforward may still exist to oset income in subsequent
years.
Carryforward
An NOL created in 2018 and future years can be carried
forward indenitely following the loss year. The Michigan
NOL carryforward is limited to the lesser of the Michigan NOL
deduction or 80 percent of Michigan taxable income before
exemptions and any NOL deduction. To claim a carryforward,
include a copy of Form MI-1045 and required supporting
documentation (see page 6) for the loss year(s) with each
Form MI-1040 that claims an NOL deduction until that loss is
absorbed. The NOL carryforward must be used in consecutive
years. A schedule demonstrating how the Michigan NOL
was absorbed must be included. For assistance, refer to the
“Michigan NOL Carryover Worksheet” available on Treasury’s
Web site. Any federal NOL deduction included in AGI must be
added back on the Michigan Schedule 1. The Michigan NOL
deduction is entered as a subtraction on the Michigan Schedule 1.
If there are Michigan NOLs from multiple tax years, the total
unused NOLs must be combined. Keep all records for the loss
year(s) until the NOL has been absorbed.
Carryover of NOLs Created Prior to 2018
Carryback
Use the old form, Application for a Michigan Net Operating
Loss Refund Form MI-1045, to claim a refund from a carryback
from an NOL created prior to 2018.
Carryforward
The carryforward period is limited to 20 consecutive years
following the loss year for both federal and Michigan taxes. To
claim a carryforward, include a copy of the old Form MI-1045
and required supporting documentation (see page 6) for the loss
year(s) with each Form MI-1040 that claims an NOL deduction
until that loss is absorbed or expired. The NOL carryforward
must be used in consecutive years. A schedule demonstrating
how the Michigan NOL was absorbed must be included.
Any federal NOL deduction included in AGI must be added
back on the Michigan Schedule 1. The Michigan NOL deduction
is entered as a subtraction on the Michigan Schedule 1. If there
are Michigan NOLs from multiple tax years, the total unused
NOLs must be combined. Keep all records for the loss year(s)
until the NOL has been absorbed or the carryforward
period expired.
Farmland Preservation Tax Credit
The farmland preservation tax credit is computed using
household income which allows for an NOL, instead of total
household resources which does not allow for an NOL.
The NOL deduction allowed in household income is the lesser
of the federal NOL deduction or Federal Modied Taxable
Income (FMTI) in the year to which it is being carried back or
carried forward as dened in IRC 172(b)(2). FMTI is computed
by modifying federal taxable income. Some of the adjustments
include removal of the federal exemption allowance, the capital
loss deduction, DPAD and other required modications, the
NOL deduction, and recalculation of taxable social security and
itemized deductions. For more information about FMTI, see
IRS Publication 536.
When ling a refund claim due to the carryback of a federal
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 NOL deduction available for use in household income is
calculated on page 3 of Form MI-1045 for both carrybacks
and carryforwards. If you do not have a Michigan NOL and
are claiming a farmland preservation tax credit with a federal
NOL, complete page 3 only. The amount of the carryback or
2018 MI-1045, Page 5