TAX CONSULTING
14 Jul 2025
Corporate tax losses occur when a company’s allowable deductions exceed its taxable income for a given year—a situation that, while not ideal, can open the door to valuable planning opportunities.
This guide—suitable for multinationals and high-turnover companies operating globally—explains how to calculate these losses, how to classify them (usually as capital or operating), and how to use them strategically to offset future or past profits. We’ll also look at carryback and carryforward options, plus a few key points on how to document and report everything correctly.
Understanding tax losses means recognizing when a company’s deductible expenses exceed its taxable revenue, creating a shortfall that can be used strategically.
Losses are divided into net operating losses (NOLs)—i.e., those arising from normal business activities—and capital losses—which instead depend on the disposal of assets at a price lower than their purchase cost. A loss is typically reported at year-end and recognized once verified through proper accounting records and the corporation’s tax filings, offering opportunities to reduce future or past taxable revenue depending on the jurisdiction’s rules.
There’s more than one way a company can end up in the red. Operating losses are the most common—think routine expenses piling up higher than the revenue coming in. Capital losses, on the other hand, usually follow a bad investment or the disposal of an asset for less than its purchase price. Some losses only matter for a while (temporary differences), while others permanently shift the tax picture. Knowing the difference isn’t just technical—it’s essential for smart financial planning.
To calculate tax losses, you begin with gross revenue and subtract all allowable deductions—cost of goods sold, depreciation, interest, and other operating expenses. From there, you exclude anything the tax code doesn’t permit, like fines or certain entertainment costs. If what’s left is a negative number, that’s your capital losses corporation tax.
Sounds simple, but what counts as “allowable” can shift depending on the accounting standards in play—whether GAAP, IFRS, or specific national rules.
Sometimes, a tax loss in the current year doesn’t have to wait for future profits—it can reach back into the past. That’s the idea behind a corporate tax loss carry back: using today’s loss to offset taxable revenue from earlier periods and potentially reclaiming taxes already paid.
Not every country allows it, but where it does (the UK, US, and Canada), the lookback period usually covers one to three years. To take advantage of this, corporations need to amend previous filings related to the loss year and back it up with proper records.
If this year’s loss can’t be used now, it doesn’t go to waste—it can be applied to future profits through a corporate tax loss carry forward. Many jurisdictions allow this approach, helping companies smooth out uneven performance over time. Some set a time cap—often 20 years—while others keep it open-ended. On the books, these carryovers show up as deferred tax assets, offering a kind of credit for future earnings and playing a key role in long-term tax planning and reporting, especially when combined with holding company tax benefits in certain jurisdictions.
Capital losses follow a stricter set of rules. In most systems, they can only be used to offset capital gains—not operating earnings—no matter how large the loss is. That means a company sitting on a worth loss can’t use it to reduce its regular tax bill. However, many tax regimes do allow capital losses to be carried back (usually one year) or carried forward (often up to five years or more), giving firms a little window to match gains and soften the tax impact.
Limits on tax loss usage aren’t always obvious, but they can shape real outcomes. Some countries only allow you to offset a portion of your profits each year, regardless of the size of your loss—such as the 80% rule in the US. Another restriction pertains to changes in ownership. When control shifts—say, due to a merger—rules like Section 382 in the US can drastically reduce how much of those losses remain usable. Many tax systems prevent groups from sharing losses across entities when tax authorities treat each company as a separate taxpayer, limiting both carryforward and carryover opportunities.
To correctly report a tax loss, corporations enter it in the forms provided by national legislation, attaching documentation that justifies the calculation.
An example? The IRS Form 1120 for companies, with sections dedicated to NOL declarations, used in the US. In addition to the correct forms, it is also essential to attach supporting documentation (financial statements, deductible expenses, carryforwards or carrybacks, etc.) for the calculation—often with the guidance of corporate tax lawyers to ensure accuracy and compliance.
Navigating tax losses on a global scale is anything but uniform. Each country applies its own rules on how—and if—losses can be used, carried forward, or carried back, and the differences can be striking. Some tax treaties provide relief for cross-border loss offsets, but the process is rarely simple. Add to this the evolving realities of what is Pillar Two, where loss treatment may influence a group’s effective tax rate (ETR) under the global minimum tax regime—and suddenly, planning across borders becomes a necessity.
Let’s break it down with a simple example. Imagine a company ends the year with a €150,000 tax loss—expenses and deductions outweighed revenue. The following year, it turns a €200,000 profit. Thanks to carryforward rules, it can offset part of that profit using the previous loss, reducing its taxable earnings to €50,000. But not every scenario goes as planned: if the company changes ownership, some jurisdictions limit how much of the loss can still be used—sometimes slashing the benefit dramatically.
Tax losses occur when a company’s allowable deductions exceed its taxable revenue during a tax year.
The difference is that an operating loss depends on the company’s typical business activity; a capital loss effects from the transfer of an asset at a loss.
Yes. In some jurisdictions, it is possible to carry them back to previous years to offset profits and obtain a tax refund.
It is not the same everywhere: it depends on the jurisdiction. Some allow unlimited carryovers, while others limit them over a number of years.
Yes, if you do not use them within the legal deadline, they will expire and become unusable.
Yes. Some regulations set a limit based on a certain percentage of revenue.
Use may be restricted or prohibited depending on changes in ownership or business continuity regulations.
Tax Foundation. (2023). Net Operating Loss Carryforward and Carryback Provisions in Europe. https://taxfoundation.org/data/all/global/net-operating-loss-tax-provisions-europe-2023/
Legal Information Institute. (n.d.). 26 U.S. Code § 382 – Limitation on net operating loss carryforwards and certain built‑in losses following ownership change. https://www.law.cornell.edu/uscode/text/26/382
OECD. (2024).Pillar Two Model Rules in a Nutshell.https://www.oecd.org/tax/beps/pillar-two-model-rules-in-a-nutshell.pdf
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