Extended Carryback of Losses to or from a Consolidated Group (TD 9490 - Final)

This document contains final and temporary regulations under section 1502 that affect corporations filing consolidated returns. These regulations contain rules regarding the implementation of section 172(b)(1)(H) within a consolidated group. These regulations also permit certain acquiring consolidated groups to elect to waive all or a portion of the pre-acquisition carryback period pursuant to section 172(b)(1)(H) for specific losses attributable to certain acquired members. This project amends §1.1502-21 to implement the revisions to Code section 172(b)(1)(H), which extend the carryback period for NOLs to five years, enacted by the Worker, Homeownership, and Business Assistance Act of 2009 ("WHBAA") that the President signed on Nov. 6, 2009 (Pub. L. 111-92).

The latest form for Extended Carryback of Losses to or from a Consolidated Group (TD 9490 - Final) expires 2023-01-31 and can be found here.