§ 39-22-325 — Carryforwards and carrybacks - loss limitation

Colorado § 39-22-325

• Jurisdiction: Colorado
• Title 39: Taxation
• Art.: Income Tax

Text

(1)
Carryforwards and carrybacks to and from taxable periods of an S corporation shall
be restricted in the manner provided in section 1371 (b) of the internal revenue code.

(2) The aggregate amount of losses or deductions of an S corporation taken
into account by a shareholder of the S corporation for a taxable period pursuant to
section 39-22-323 (2) shall not exceed such shareholder's combined adjusted
basis, as determined pursuant to section 39-22-324, in the stock of the S
corporation and any indebtedness of the S corporation to such shareholder.

(3) Any loss or deduction of an S corporation which is disallowed for a
taxable period pursuant to subsection (2) of this section shall be treated as incurred
by the corporation in the succeeding taxable period with respect to that
shareholder.

(4) (a) Any loss or deduction of an S corporation which is disallowed pursuant
to subsection (2) of this section for the corporation's last taxable period as an S
corporation shall be treated as incurred by a shareholder on the last day of any
post-termination transition period.

(b) The aggregate amount of losses and deductions taken into account by a
shareholder pursuant to paragraph (a) of this subsection (4) shall not exceed such
shareholder's adjusted basis in the stock of the corporation, as such adjusted basis
is determined pursuant to section 39-22-324 at the close of the last day of any
post-termination transition period and without regard to this subsection (4).

Legislative History

Source: L. 92: Entire section added, p. 2261, � 1, effective April 16.