Section 100.2250  Net Operating Losses Occurring Prior to December 31,  1986, of  Unitary Business  Groups:  Treatment by Members of  the Unitary  Business Group:  (IITA Section 202) –  Deadline for Filing Claims Based on Net Operating Losses Carried Back From a Combined Apportionment Year

A claim for refund based upon the carryback of a share of a combined federal net operating loss may be filed at any time within the period stated by IITA Section 911(b).  This section generally requires that such a claim be filed no later than 2 years and 20 days after the date the "federal change" was finalized by IRS payment to the taxpayer.  If taxpayer does not have occasion to receive an IRS refund on the NOL because it was absorbed for federal income tax purposes by incomes of other members of the federal affiliated groups, or because the refund was a consolidated refund for federal purposes, then the period of limitation for filing the Illinois claim is as stated in Section 100.5030 of this Part.

(Source:  Amended at 24 Ill. Reg. 10593, effective July 7, 2000)