In general
1-year carryback and 20-year carryforward
Amount carried to each year
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.
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).
5-year carryback for marginal oil and gas well production credit
3-year carryback for applicable credits
Limitation on carrybacks
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.
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)).
Pub. L. 98–369, div. A, title IV, § 47398 Stat. 828Pub. L. 99–514, title II, § 231(d)(3)(C)(i)100 Stat. 2179Pub. L. 100–647, title I, § 1002l102 Stat. 3381Pub. L. 101–508, title XI104 Stat. 1388–485Pub. L. 102–486, title XIX, § 1914(c)106 Stat. 3023Pub. L. 103–66, title XIII107 Stat. 555Pub. L. 104–188, title I110 Stat. 1775Pub. L. 105–34, title VII, § 701(b)(1)111 Stat. 869Pub. L. 105–206, title VI, § 6010(n)112 Stat. 816Pub. L. 106–554, § 1(a)(7) [title I, § 121(b)(2)]114 Stat. 2763Pub. L. 107–16, title VI, § 619(c)(1)115 Stat. 110Pub. L. 108–357, title II, § 245(b)(1)118 Stat. 1447Pub. L. 109–135, title IV, § 412(g)119 Stat. 2637Pub. L. 111–240, title II, § 2012(a)124 Stat. 2554Pub. L. 115–141, div. U, title IV, § 401(b)(5)(E)132 Stat. 1202Pub. L. 117–169, title I, § 13801(d)136 Stat. 2012(Added , , ; amended , title XVIII, § 1846, , , 2856; ()(26), , ; , §§ 11511(b)(2), 11611(b)(2), 11801(a)(2), , , 1388–503, 1388–520; , , ; , §§ 13302(a)(2), 13322(d), 13443(b)(2), , , 563, 569; , §§ 1205(c), 1703(n)(1), , , 1877; , title X, § 1083(a), , , 951; , , ; , , , 2763A–610; , , ; , title III, § 341(c), , , 1487; , , ; , (b), , ; , (F), , ; , , .)
Editorial Notes
Prior Provisions
section 34 of this titleA prior section 39 was renumbered .
section 37 of this titleAnother prior section 39 was renumbered .
Amendments
Pub. L. 117–1692022—Subsec. (a)(4). added par. (4).
Pub. L. 115–141, § 401(b)(5)(F)2018—Subsec. (a)(3)(A). , struck out “or the eligible small business credits” after “gas well production credit)”.
Pub. L. 115–141, § 401(b)(5)(E)Subsec. (a)(4). , struck out par. (4) which related to 5-year carryback for eligible small business credits.
Pub. L. 111–240, § 2012(b)2010—Subsec. (a)(3)(A). , inserted “or the eligible small business credits” after “credit)”.
Pub. L. 111–240, § 2012(a)Subsec. (a)(4). , added par. (4).
Pub. L. 109–135, § 412(g)(1)2005—Subsec. (a)(1)(A). , substituted “the taxable year” for “each of the 1 taxable years”.
Pub. L. 109–135, § 412(g)(2)Subsec. (a)(3)(B). , amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “paragraph (1) shall be applied by substituting ‘5 taxable years’ for ‘1 taxable years’ in subparagraph (A) thereof, and”.
Pub. L. 108–357, § 341(c)2004—Subsec. (a)(3). , added par. (3).
Pub. L. 108–357, § 245(b)(1)Subsec. (d). , amended heading and text of subsec. (d) generally, substituting provisions prohibiting carryback of the unused business credit attributable to a credit specified in section 38(b) for provisions prohibiting carryback of the enhanced oil recovery credit before 1991, sections 44, 45A, and 45B credits before their enactments, the renewable electricity production credit before its effective date, the empowerment zone employment credit, section 45C credit before , DC Zone credits before their effective date, the new markets tax credit before , and the small employer pension plan startup cost credit before .
Pub. L. 107–16, § 619(c)(1)2001—Subsec. (d)(10). , added par. (10).
Pub. L. 106–5542000—Subsec. (d)(9). added par. (9).
Pub. L. 105–206Pub. L. 105–34, § 1083(a)(2)1998—Subsec. (a)(2). amended . See 1997 Amendment note below.
Pub. L. 105–34, § 1083(a)(1)1997—Subsec. (a)(1). , substituted “1-year” for “3-year” and “20-year” for “15-year” in heading, “1 taxable” for “3 taxable” in subpar. (A), and “20 taxable” for “15 taxable” in subpar. (B).
Pub. L. 105–34, § 1083(a)(2)Pub. L. 105–206, § 6010(n)Subsec. (a)(2). , as amended by , in subpar. (A), substituted “21 taxable” for “18 taxable”, and in subpar. (B), substituted “20 years” for “17 years” in heading and “20 taxable” for “17 taxable” in text.
Pub. L. 105–34, § 701(b)(1)Subsec. (d)(8). , added par. (8).
Pub. L. 104–188, § 1703(n)(1)(A)1996—Subsec. (d)(5). , substituted “45A” for “45” in heading.
Pub. L. 104–188, § 1703(n)(1)(B)Subsec. (d)(6). , substituted “45B” for “45” in heading.
Pub. L. 104–188, § 1205(c)Subsec. (d)(7). , added par. (7).
Pub. L. 103–66, § 13302(a)(2)1993—Subsec. (d)(4). , added par. (4).
Pub. L. 103–66, § 13322(d)Subsec. (d)(5). , added par. (5).
Pub. L. 103–66, § 13443(b)(2)Subsec. (d)(6). , added par. (6).
Pub. L. 102–4861992—Subsec. (d). redesignated par. (5), relating to carryback of enhanced oil recovery credit, as (1), redesignated par. (5), relating to carryback of section 44 credit, as (2), and added par. (3).
Pub. L. 101–508, § 11801(a)(2)1990—Subsec. (d)(1) to (4). , struck out par. (1) which related to carryforwards from an unused credit year which did not expire before first taxable year beginning after , par. (2) which related to carrybacks in determining amount allowable as credit including net tax liability, par. (3) which related to similar rules for research credit under section 30, and par. (4) which provided for no carryback of low-income housing credit before 1987.
Pub. L. 101–508, § 11611(b)(2)Subsec. (d)(5). , added par. (5) relating to carryback of section 44 credit.
Pub. L. 101–508, § 11511(b)(2), added par. (5) relating to carryback of enhanced oil recovery credit.
Pub. L. 100–6471988—Subsec. (d)(4). added par. (4).
Pub. L. 99–514, § 1846(1)1986—Subsec. (d)(1)(A). , inserted “(as in effect before the enactment of the Tax Reform Act of 1984)”.
Pub. L. 99–514, § 1846(2)Subsec. (d)(2)(B). , substituted “as defined in section 26(b)” for “as so defined in section 25(b)”.
Pub. L. 99–514, § 231(d)(3)(C)(i)Subsec. (d)(3). , added par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–169section 13801(g) of Pub. L. 117–169section 6417 of this titleAmendment by applicable to taxable years beginning after , see , set out as an Effective Date note under .
Effective Date of 2010 Amendment
Pub. L. 111–240, title II, § 2012(c)124 Stat. 2554
Effective Date of 2004 Amendment
Pub. L. 108–357, title II, § 245(b)(2)118 Stat. 1448
section 245(b) of Pub. L. 108–357section 245(e) of Pub. L. 108–357section 38 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
section 341(c) of Pub. L. 108–357section 341(e) of Pub. L. 108–357section 38 of this titleAmendment by applicable to production in taxable years beginning after , see , set out as a note under .
Effective Date of 2001 Amendment
Pub. L. 107–16section 619(d) of Pub. L. 107–16section 38 of this titleAmendment by applicable to costs paid or incurred in taxable years beginning after , with respect to qualified employer plans first effective after such date, see , set out as a note under .
Effective Date of 2000 Amendment
Pub. L. 106–554Pub. L. 106–554section 38 of this titleAmendment by applicable to investments made after , see § 1(a)(7) [title I, § 121(e)] of , set out as a note under .
Effective Date of 1998 Amendment
Pub. L. 105–206Pub. L. 105–34section 6024 of Pub. L. 105–206section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, , to which such amendment relates, see , set out as a note under .
Effective Date of 1997 Amendment
Pub. L. 105–34, title VII, § 701(d)111 Stat. 869
Pub. L. 105–34, title X, § 1083(b)111 Stat. 951
Effective Date of 1996 Amendment
section 1205(c) of Pub. L. 104–188section 1205(e) of Pub. L. 104–188section 45K of this titleAmendment by applicable to amounts paid or incurred in taxable years ending after , see , set out as a note under .
Pub. L. 104–188, title I, § 1703o110 Stat. 1878
Effective Date of 1993 Amendment
section 13322(d) of Pub. L. 103–66section 13322(f) of Pub. L. 103–66section 38 of this titleAmendment by applicable to wages paid or incurred after , see , set out as a note under .
section 13443(b)(2) of Pub. L. 103–66section 13443(d) of Pub. L. 103–66section 38 of this titleAmendment by applicable with respect to taxes paid after , with respect to services performed before, on, or after such date, see , as amended, set out as a note under .
Effective Date of 1992 Amendment
Pub. L. 102–486section 1914(e) of Pub. L. 102–486section 38 of this titleAmendment by applicable to taxable years ending after , see , set out as a note under .
Effective Date of 1990 Amendment
section 11511(b)(2) of Pub. L. 101–508section 11511(d)(1) of Pub. L. 101–508section 43 of this titleAmendment by applicable to costs paid or incurred in taxable years beginning after , see , set out as an Effective Date note under .
section 11611(b)(2) of Pub. L. 101–508section 11611(e)(1) of Pub. L. 101–508section 38 of this titleAmendment by applicable to expenditures paid or incurred after , see , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–647Pub. L. 99–514section 1019(a) of Pub. L. 100–647section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under .
Effective Date of 1986 Amendment
section 231(d)(3)(C)(i) of Pub. L. 99–514section 231(g) of Pub. L. 99–514section 41 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
section 1846 of Pub. L. 99–514Pub. L. 98–369, div. Asection 1881 of Pub. L. 99–514section 48 of this titleAmendment by effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, , to which such amendment relates, see , set out as a note under .
Effective Date
section 475(a) of Pub. L. 98–369section 21 of this titleSection applicable to taxable years beginning after , and to carrybacks from such years, see , set out as an Effective Date of 1984 Amendment note under .
Savings Provision
Pub. L. 115–141section 401(e) of Pub. L. 115–141section 23 of this titleFor provisions that nothing in amendment by be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to , for purposes of determining liability for tax for periods ending after , see , set out as a note under .
section 11801(a)(2) of Pub. L. 101–508section 11821(b) of Pub. L. 101–508section 45K of this titleFor provisions that nothing in amendment by be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to , for purposes of determining liability for tax for periods ending after , see , set out as a note under .
Plan Amendments Not Required Until January 1, 1989
Pub. L. 99–514section 1140 of Pub. L. 99–514section 401 of this titleFor provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after , see , as amended, set out as a note under .