• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

CMR Associates - Tax | Accounting

  • Home
  • Services
    • Tax Accounting
    • Business Accounting
    • Remote CPA Staffing
  • Industries
    • Real Estate
    • Doctors
    • Restaurants and Hospitality
  • About Us
  • Contact Us
  • Book Appointment
  • Publications
You are here: Home / Small Business Tax Advice / The TCJA changes some rules for deducting pass-through business losses

Tax Accounting and Business Consulting

The TCJA changes some rules for deducting pass-through business losses

Louisiana Business Accounting - Deduct Pass through losses

The TCJA changes some rules for deducting pass-through business losses

It’s not uncommon for businesses to sometimes generate tax losses. But the losses that can be deducted are limited by tax law in some situations. The Tax Cuts and Jobs Act (TCJA) further restricts the amount of losses that sole proprietors, partners, S corporation shareholders and, typically, limited liability company (LLC) members can currently deduct — beginning in 2018. This could negatively impact owners of start-ups and businesses facing adverse conditions.

Before the TCJA

Under pre-TCJA law, an individual taxpayer’s business losses could usually be fully deducted in the tax year when they arose unless:

  • The passive activity loss (PAL) rules or some other provision of tax law limited that favorable outcome, or
  • The business loss was so large that it exceeded taxable income from other sources, creating a net operating loss (NOL).

After the TCJA

The TCJA temporarily changes the rules for deducting an individual taxpayer’s business losses. If your pass-through business generates a tax loss for a tax year beginning in 2018 through 2025, you can’t deduct an “excess business loss” in the current year. An excess business loss is the excess of your aggregate business deductions for the tax year over the sum of:

  • Your aggregate business income and gains for the tax year, and
  • $250,000 ($500,000 if you’re a married taxpayer filing jointly).

The excess business loss is carried over to the following tax year and can be deducted under the rules for NOLs.

For business losses passed through to individuals from S corporations, partnerships and LLCs treated as partnerships for tax purposes, the new excess business loss limitation rules apply at the ownerlevel. In other words, each owner’s allocable share of business income, gain, deduction or loss is passed through to the owner and reported on the owner’s personal federal income tax return for the owner’s tax year that includes the end of the entity’s tax year.

Keep in mind that the new loss limitation rules apply after applying the PAL rules. So, if the PAL rules disallow your business or rental activity loss, you don’t get to the new loss limitation rules.

Expecting a business loss?

The rationale underlying the new loss limitation rules is to restrict the ability of individual taxpayers to use current-year business losses to offset income from other sources, such as salary, self-employment income, interest, dividends and capital gains.

The practical impact is that your allowable current-year business losses can’t offset more than $250,000 of income from such other sources (or more than $500,000 for joint filers). The requirement that excess business losses be carried forward as an NOL forces you to wait at least one year to get any tax benefit from those excess losses.

If you’re expecting your business to generate a tax loss in 2018, contact us to determine whether you’ll be affected by the new loss limitation rules. We can also provide more information about the PAL and NOL rules.

Filed Under: Small Business Tax Advice

Primary Sidebar

About Us

Covington CPA and Tax Accountants Team

Tax Accounting and Business Consulting: We provide tax accounting, payroll, 401(k), business

Outsourced Staffing

CRAF.IO Accounting Outsourcing

CRAF.IO provides direct hire remote accounting staffing services. For more information, visit https://craf.io/

TAX NEWS AND ADVICE

  • Individual Tax Advice
  • Personal Finance
  • Small Business Tax Advice

Footer

Company Profile

CMR Associates provides tax accounting, payroll, 401(k), business valuation, consulting, and financial planning services.

Serving clients throughout the country, we embrace distributed work environments.

Terms and Conditions
Outsourced Accountant CPA
All the Presidents’ Taxes

Accounting News and Updates

  • What Silicon Valley Bank’s Failure Can Teach Us about Personal Financial Planning
  • How to Maximize Your Tax Refund for 2022
  • Want to Save Taxes? Maximize Deductions and Use the S-Corp Structure
  • IRA account value down? It might be a good time for a Roth conversion
  • Understanding and controlling the unemployment tax costs of your business
  • Watch out for tax-related scams
  • Setting up a Health Savings Account for your small business

Write or Call Today

CMR Associates, LLC
207 E Gibson St
Covington, LA 70433

(888) 530-5630
office@cmrtax.com

© 2023 · Sitemap·