"Working capital" contribution can increase allowable sec. 382 NOL carryforward.
| Jurisdiction | United States |
| Author | Collins, Bryan P. |
| Date | 01 November 1995 |
In general, Sec. 382 limits a corporation's ability to carry forward net operating losses (NOLs) following an ownership change to an amount equal to the value of the corporation's stock at the time of the change multiplied by the long-term tax-exempt rate. Sec. 382 has several anti-avoidance rules. One rule provides that, in determining a corporation's value, a capital contribution will not be taken into account if it is part of an avoidance plan. Under this provision, a contribution made within two years of the...
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