Chirayuthchai TraisaengsatheanStrategic Finance for Property Development

When a project is delayed: the effect of expiring tax loss carry-forward

How delayed ownership transfers affect the 5-year tax loss window, the financial statements, CIT and the cash gap, with an example

Key takeaways

Tax losses can be carried forward for no more than 5 accounting periods. When transfers are delayed, older losses may expire before there are profits to use them against. In this example, a 2-year delay causes losses of THB 80 million to expire, CIT rises by THB 16 million as a result of the expiry, and the cash gap increases by THB 200 million.

Introduction

Revenue from condo sales is usually recognised on the ownership transfer day, which falls at the end of the project cycle. Before that, the company incurs substantial overhead and interest, giving rise to a tax loss carry-forward under the Revenue Code. Net tax losses can be set against profits for no more than the next 5 accounting periods. If transfers are delayed, the earliest losses may expire before they can be used.

1. Legal framework

Losses not fully used within the next 5 accounting periods can no longer be used. For a project that takes 4–6 years to develop, this limit is a real constraint. The conditions for carrying losses forward should be checked against the company's own circumstances.

2. Scenario: a 2-year delay

Example (hypothetical figures, in THB million): The original plan was to start transfers in 2028, but they are postponed to 2030.

Loss yearLossUsable until end ofStatus when transfers start in 2030
2023202028Expired
2024602029Expired
20251002030Usable
20261202031Usable
20271502032Usable
2028 (added by the delay)602033Usable
2029 (added by the delay)602034Usable

Expired losses: 80 (2023 and 2024)

3. Effect on CIT

Assume profit before loss carried forward of 800 under the plan. If transfers are delayed, the additional interest of 80 capitalised in WIP reduces profit to 720.

ItemAs plannedDelayed, no expired losses (for comparison)Delayed, with expired losses
Profit before loss carried forward800720720
Usable loss carried forward(450)(570)(490)
Taxable profit350150230
CIT 20%703046

The direct effect of the expired losses is an increase in CIT of 80 × 20% = 16. Total CIT may be lower than under the original plan because of the additional losses, but profit after tax actually falls considerably, because overhead and interest are real costs.

4. Three areas of impact

4.1 Financial statements

WIP stays on the balance sheet for longer without generating revenue. Equity falls because of the additional overhead of 120, which may affect NAV and bank covenants. Management should also assess net realisable value under TAS 2 and whether the deferred tax asset can be used under TAS 12.

4.2 Cash flow

Under the plan for 2028–2029, assume transfer proceeds of 2,000 are received, SBT of 66 (3.3%) and CIT of 30 are paid, leaving a net 1,904. If transfers are delayed, there are no transfer receipts in the same period, and overhead of 120 and interest of 80 must still be paid. This creates an additional cash gap of 200 that must be funded.

4.3 Summary of tax and cost effects

ItemAs planned2-year delayDifference
Usable losses45049040
Expired losses08080
Additional overhead0120120
Additional interest in WIP08080
Total CIT7046(24)

These figures show that looking at CIT alone can be misleading. Profit after tax and total cash should be considered as well.

5. Risk mitigation measures

5.1 Plan to transfer pilot units in the year losses are close to expiry

If the building is complete and the condominium has been registered, transferring some units early in the critical year may generate profit to absorb the old losses. For example, profit of 20 in 2028 would fully use the 2023 loss and reduce CIT by 4. However, this is possible only when the transfer conditions are met, and COGS must also be taken into account.

5.2 Plan tax together with advisers

Transactions between group companies to generate revenue must have a business rationale, use market prices and comply with transfer pricing principles. They should not be undertaken merely to use up losses.

5.3 Loss expiry dashboard

  • Track annual tax losses and their expiry dates
  • Reconcile with the tax returns filed
  • Review quarterly together with the transfer plan
  • Notify management in advance before losses expire

Conclusion

Every year of project delay increases the risk of losses expiring and widens the cash gap at the same time. Tax planning should be done alongside the actual transfer schedule, and a tax adviser should be consulted before acting in any specific case.