Net Operating Loss Carry-Over (RR 14-2001)

Net operating loss means the excess of allowable deduction over gross income of the business in a taxable year.

Revenue Regulation 14-2001 implements a statute that the allowance to net operating loss-carry over will be a
deduction from gross income.

Accordingly, the net operating loss of the business or enterprise for any taxable year immediately preceding the current taxable
year which had not been previously offset as deduction from gross income shall be carried over as a deduction from gross income
for the next three (3) consecutive taxable years immediately following the year of such loss; Provided, however, that any net loss
incurred in a taxable year during which the taxpayer was exempt from income tax shall not be allowed as a deduction under this
Subsection: Provided, further, that a net operating loss carry-over shall be allowed only if there has been no substantial change in
the ownership of the business or enterprise in that –

Not less than seventy-five percent (75%) in nominal value of outstanding issued shares, if the business is in the name of a
corporation, is held by or on behalf of the same persons; or

Not less than seventy-five percent (75%) of the paid up capital of the corporation, if the business is in the name of a corporation, is
held by or on behalf of the same persons.

RULES in Carry-Over Of NOLCO

1. NOLCO is claimable in a first-in-first-out (FIFO) fashion.

2. NOLCO can b claimed only up to the extent of the business net income in the next three years. Prior year NOLCO connot be
deducted against a subsequent year net operating loss.
3. Any NOLCO with remains unused at the end of the three-year prescriptive period will expire.

Illustration

(in thousand) 2016 2017 2018 2019 2020

Gross Income 400 320 480 400 500
Less: Allowable Deduction (500) (450) (450) (340) (340)
Net Income / (NOLCO) (100) (130) 30 60 160