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To Do: Allow Small Research Companies to Carry Forward Net Operating Losses

To Do: Allow Small Research Companies to Carry Forward Net Operating Losses
Knowledge Base Article in: Tech Policy To-Do List
Last Updated: February 7, 2025

Recommendation

Congress should allow small research companies to carry their net operating losses forward even after a change in ownership.

Details

Firms can normally carry past operating losses forward in order to deduct them from future income, thereby lowering their taxes. Under Section 382 of the tax code, firms lose this ability when they undergo a change in ownership. Since small research firms often engage in successive financing rounds before achieving success, this provision makes it hard for them to ever recover their past losses and artificially inflates their historical income for tax purposes. Congress should exempt that portion of net operating losses that are generated by small firms that conduct qualifying research and development activities. Ernst & Young estimated that this change would increase direct investment in these companies by $4.9 billion and boost their employment by 25,000 jobs.

Keep reading:

John Wu and Robert D. Atkinson, “How Technology-Based Start-Ups Support U.S. Economic Growth (ITIF, November 29, 2017, https://itif.org/publications/2017/11/28/how-technology-based-start-ups-support-us-economic-growth.

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