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Income Tax Planning
Chapter 8: Other Deductions, Penalties, and Loss Disallowance/EXCESS BUSINESS LOSS LIMITATION
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Chapter 8: Other Deductions, Penalties, and Loss Disallowance

EXCESS BUSINESS LOSS LIMITATION

01.Core Concepts

• General Rule: For tax years 2018-2026, excess business losses are not permitted to be deducted by a non-corporate taxpayer. • Excess business losses are carried forward and add to a taxpayers NOL. • The “excess” loss is the amount over $256,000 ($512,000 for joint return) in 2026. OBBBA makes permanent the limitation on excess business losses of non-corporate taxpayers for tax years beginning after December 31, 2026.