26 U.S.C. § 39
Carryback and carryforward of unused credits
# (a) In general
(1) 1-year carryback and 20-year carryforward If the sum of the business credit carryforwards to the taxable year plus the amount of the current year business credit for the taxable year exceeds the amount of the limitation imposed by subsection (c) of section 38 for such taxable year (hereinafter in this section referred to as the “unused credit year”), such excess (to the extent attributable to the amount of the current year business credit) shall be— (A) a business credit carryback to the taxable year preceding the unused credit year, and (B) a business credit carryforward to each of the 20 taxable years following the unused credit year, and, subject to the limitations imposed by subsections (b) and (c), shall be taken into account under the provisions of section 38(a) in the manner provided in section 38(a).
(2) Amount carried to each year (A) Entire amount carried to first year The entire amount of the unused credit for an unused credit year shall be carried to the earliest of the 21 taxable years to which (by reason of paragraph (1)) such credit may be carried. (B) Amount carried to other 20 years The amount of the unused credit for the unused credit year shall be carried to each of the other 20 taxable years to the extent that such unused credit may not be taken into account under section 38(a) for a prior taxable year because of the limitations of subsections (b) and (c).
(3) 5-year carryback for marginal oil and gas well production credit Notwithstanding subsection (d), in the case of the marginal oil and gas well production credit— (A) this section shall be applied separately from the business credit (other than the marginal oil and gas well production credit), (B) paragraph (1) shall be applied by substituting “each of the 5 taxable years” for “the taxable year” in subparagraph (A) thereof, and (C) paragraph (2) shall be applied— (i) by substituting “25 taxable years” for “21 taxable years” in subparagraph (A) thereof, and (ii) by substituting “24 taxable years” for “20 taxable years” in subparagraph (B) thereof.
(4) 3-year carryback for applicable credits Notwithstanding subsection (d), in the case of any applicable credit (as defined in section 6417(b))— (A) this section shall be applied separately from the business credit (other than the applicable credit), (B) paragraph (1) shall be applied by substituting “each of the 3 taxable years” for “the taxable year” in subparagraph (A) thereof, and (C) paragraph (2) shall be applied— (i) by substituting “23 taxable years” for “21 taxable years” in subparagraph (A) thereof, and (ii) by substituting “22 taxable years” for “20 taxable years” in subparagraph (B) thereof.
# (b) Limitation on carrybacks
The amount of the unused credit which may be taken into account under section 38(a)(3) for any preceding taxable year shall not exceed the amount by which the limitation imposed by section 38(c) for such taxable year exceeds the sum of— (1) the amounts determined under paragraphs (1) and (2) of section 38(a) for such taxable year, plus (2) the amounts which (by reason of this section) are carried back to such taxable year and are attributable to taxable years preceding the unused credit year.
# (c) Limitation on carryforwards
The amount of the unused credit which may be taken into account under section 38(a)(1) for any succeeding taxable year shall not exceed the amount by which the limitation imposed by section 38(c) for such taxable year exceeds the sum of the amounts which, by reason of this section, are carried to such taxable year and are attributable to taxable years preceding the unused credit year.
# (d) Transitional rule
No portion of the unused business credit for any taxable year which is attributable to a credit specified in section 38(b) or any portion thereof may be carried back to any taxable year before the first taxable year for which such specified credit or such portion is allowable (without regard to subsection (a)).
Source: view the official text
Cited by 41
- 26 CFR § 1.367(a)-6T — Transfer of foreign branch with previously deducted losses (temporary).
- 26 CFR § 1.382-2 — General rules for ownership change.
- 26 CFR § 1.382-2T — Definition of ownership change under section 382, as amended by the Tax Reform Act of 1986 (temporary).
- 26 CFR § 1.383-1 — Special limitations on certain capital losses and excess credits.
- 26 CFR § 1.43-1 — The enhanced oil recovery credit—general rules.
- 26 CFR § 1.46-1 — Determination of amount.
- 26 CFR § 1.48-15 — Election to treat clean hydrogen production facility as energy property.
- 26 CFR § 1.50A-3 — Recomputation of credit allowed by section 40.
- 26 CFR § 1.6014-2 — Tax not computed by taxpayer for taxable years beginning after December 31, 1969.
- 26 CFR § 1.613-4 — Gross income from the property in the case of minerals other than oil and gas.
- 26 CFR § 1.6417-1 — Elective payment election of applicable credits.
- 26 CFR § 1.6418-5 — Special rules.
Show 29 more
- 26 CFR § 1.72-17 — Special rules applicable to owner-employees.
- 26 CFR § 1.871-7 — Taxation of nonresident alien individuals not engaged in U.S. business.
- 26 CFR § 1.871-8 — Taxation of nonresident alien individuals engaged in U.S. business or treated as having effectively connected income.
- 26 CFR § 1.881-2 — Taxation of foreign corporations not engaged in U.S. business.
- 26 CFR § 1.882-1 — Taxation of foreign corporations engaged in U.S. business or of foreign corporations treated as having effectively connected income.
- 26 CFR § 1.932-1 — Coordination of United States and Virgin Islands income taxes.
- 26 CFR § 1.935-1 — Coordination of individual income taxes with Guam and the Northern Mariana Islands.
- 26 CFR § 2.1 — Statutory provisions; sections 511 and 905, Merchant Marine Act, 1936, and related statutes.
- 26 CFR § 48.6420-5 — Applicable laws.
- 26 CFR § 48.6421-3 — Time for filing claim for credit or payment.
- 26 CFR § 48.6421-6 — Applicable laws.
- 26 CFR § 48.6427-1 — Credit or payments to purchaser of special fuels resold or used for nontaxable, farming, or other purposes.
- 26 CFR § 48.6427-3 — Time for filing claim for credit or payment.
- 26 CFR § 601.105 — Examination of returns and claims for refund, credit or abatement; determination of correct tax liability.
- 26 U.S.C. § 1374 — Tax imposed on certain built-in gains
- 26 U.S.C. § 196 — Deduction for certain unused business credits
- 26 U.S.C. § 38 — General business credit
- 26 U.S.C. § 383 — Special limitations on certain excess credits, etc.
- 26 U.S.C. § 40 — Alcohol, etc., used as fuel
- 26 U.S.C. § 41 — Credit for increasing research activities
- 26 U.S.C. § 42 — Low-income housing credit
- 26 U.S.C. § 45A — Indian employment credit
- 26 U.S.C. § 45D — New markets tax credit
- 26 U.S.C. § 45F — Employer-provided child care credit
- 26 U.S.C. § 48 — Energy credit
- 26 U.S.C. § 50 — Other special rules
- 26 U.S.C. § 6411 — Tentative carryback and refund adjustments
- 26 U.S.C. § 6418 — Transfer of certain credits
- 26 U.S.C. § 6511 — Limitations on credit or refund
Nearby sections (25 sections)
- 30D · Clean vehicle credit
- 31 · Tax withheld on wages
- 32 · Earned income
- 33 · Tax withheld at source on nonresident aliens and foreign…
- 34 · Certain uses of gasoline and special fuels
- 35 · Health insurance costs of eligible individuals
- 36 · First-time homebuyer credit
- 36A · Repealed. Pub. L. 113–295, div. A, title II, § 221(a)(5)(A), Dec.…
- 36B · Refundable credit for coverage under a qualified health plan
- 36C · Renumbered § 23
- 37 · Overpayments of tax
- 38 · General business credit
- 39 · Carryback and carryforward of unused credits
- 40 · Alcohol, etc., used as fuel
- 40A · Biodiesel and renewable diesel used as fuel
- 40B · Sustainable aviation fuel credit
- 41 · Credit for increasing research activities
- 42 · Low-income housing credit
- 43 · Enhanced oil recovery credit
- 44 · Expenditures to provide access to disabled individuals
- 44A · Renumbered § 21
- 44B · Repealed. Pub. L. 98–369, div. A, title IV, § 474(m)(1), July 18,…
- 44C · Renumbered § 23
- 44D · Renumbered § 29
- 44E · Renumbered § 40