Substitute House Bill No. 6922 amends the general statutes concerning the business operating loss carry-over period. It revises the language in section 12-217(a)(4) to extend the carry-over period for net operating losses (NOLs). The bill maintains a five-year carry-over for losses incurred before January 1, 2000, extends the carry-over to twenty years for losses from January 1, 2000, to before January 1, 2015, and introduces a thirty-year carry-over for losses incurred on or after January 1, 2015. It also clarifies the limitations on the amount of operating loss that can be deducted in subsequent years and includes a special election for combined groups regarding unused operating losses. The bill includes insertions such as the thirty-year carry-over provision and deletions like the phrase "to the contrary."
The fiscal impact of the bill is a potential General Fund revenue loss of up to $7.5 million in FY 24 and up to $4.7 million annually thereafter, with an additional cost to the Department of Revenue Services of up to $50,000 annually starting in FY 24 for extended record retention. The bill, which has been favorably reported by the Finance, Revenue and Bonding Committee, does not alter the existing limitation on NOL deductions, which is the lesser of 50% of pre-NOL net income or the difference between the NOL in the current year and the amount carried forward from prior years. The provisions would take effect upon passage.