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  • Change in loss carry back choice

    If you have made a loss carry back choice in your company tax return and you want to change that original choice, this page provides information about how to change the choice and whether a change will affect your assessments for subsequent income years.

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    Changing loss carry back choice

    When you made your original loss carry back choice, you specified how much of the tax loss from a particular income year you were carrying back to an earlier income year. If you want to change your loss carry back choice, it:

    Example: change in loss carry back choice

    XYZ Co made a loss carry back choice in its Company tax return 2021 to carry back $5,000 of the $10,000 tax loss it made in that income year to the 2019–20 income year. Later it decides that it wants to carry back all the $10,000 tax loss to the 2019–20 income year.

    XYZ Co notifies the ATO of its change in loss carry back choice using the approved form within the time limit for amending its tax assessment for the 2020–21 income year.

    End of example

    How to change your choice

    The form for changing your loss carry back choice will be available soon. You can subscribe to receive alerts for updates to our website.

    If you need to change your loss carry back choice before the form is available, due to your particular circumstances, you can contact us at LCBchangeinchoice@ato.gov.au. You need to include the:

    • name of the corporate entity
    • Australian business number
    • authorised contact's details, including name and phone number.

    We will then contact your authorised contact to discuss further.

    If you need advice in relation to how the loss carry back rules apply, and you are:

    Effect on subsequent income years

    Changing the loss carry back choice for an income year takes effect from the day you made your original loss carry back choice. This may affect:

    • the amount of tax losses available to be carried forward to use in a later income year
    • a loss carry back choice for subsequent income years.

    Lodge an amendment request to any company tax returns that you have lodged for a subsequent income year that are affected by the change you made to your original loss carry back choice.

    Example: change affects the amount of tax losses available to be carried forward to or deducted in later income years

    JKL Co is not a base rate entity. For the 2019–20 income year, JKL Co has a taxable income of $300,000, no net exempt income and income tax liability of $90,000.

    For the:

    • 2020–21 income year
      • JKL Co has a tax loss of $800,000 and chooses to carry back $300,000 of that loss to the 2019–20 income year
      • the amount of its tax offset is worked out to be $90,000
      • the amount of tax loss carried forward is $500,000
       
    • 2021–22 income year
      • JKL Co has taxable income (before deducting tax losses) of $60,000
      • after deducting $60,000 of the remaining tax loss it carried forward, it has no taxable income and carries forward the remaining tax loss of $440,000
       
    • 2022–23 income year
      • JKL Co has taxable income (before deducting tax losses) of $290,000
      • after deducting $290,000 of the remaining tax loss it carried forward, it has no taxable income and carries forward the remaining tax loss of $150,000.
       

    JKL Co's assessment for the 2019–20 income year is subsequently amended to increase the taxable income to $600,000, resulting in tax payable of $180,000.

    JKL Co notifies the ATO, using the approved form, that it has changed its original loss carry back choice for the 2020–21 income year to increase the amount of tax loss carried back to the 2019–20 income year from $300,000 to $600,000. The tax offset for the 2020–21 income year is increased to $180,000 and the amount of tax loss carried forward is reduced to $200,000.

    As a result:

    • JKL Co will still have no taxable income in the 2021–22 income year but the tax loss remaining to be carried forward in the 2021–22 income year is reduced to $140,000
    • JKL Co lodges an amendment request for the 2022–23 income year, as JKL Co only has $140,000 of tax loss available to be deducted, resulting in a taxable income of $150,000.
    End of example
    Last modified: 07 Mar 2022QC 68044