Who this is for
- US individuals with a sole proprietorship or disregarded single-member LLC
- Partners and S corporation shareholders with business losses on Schedule K-1
- C corporation owners checking whether corporate losses pass through
Not covered here
- Detailed partnership or S corporation basis calculations
- Rental real estate loss rules
- C corporation net operating loss calculations
- State-by-state loss calculations
Can a business loss reduce my W-2 wages and other income?
Yes. A deductible loss from a sole proprietorship or an individually owned LLC treated as part of its owner’s return generally reduces income subject to federal income tax, including your wages or your spouse's wages on a joint return. It does not reduce Social Security or Medicare tax withheld from those wages. A Schedule C loss flows to Schedule 1 and then Form 1040 (IRS: Schedule C instructions; IRS: single-member LLCs; IRS: Schedule SE instructions).
That result depends on a real trade or business and the loss limits below. A partnership or S corporation loss reaches an owner's return through Schedule K-1, but the amount on the K-1 is not automatically deductible. Wages cannot be counted as business income to get around the excess business loss limit (IRS: Publication 925; IRS: Form 461 instructions).
Is my side activity a business or a hobby?
A side activity is a business when you pursue profit with continuity and regularity; working evenings or having another job does not by itself make it a hobby. The IRS weighs all the facts, including businesslike records, time spent, efforts to improve results, reasons for losses and a credible path to profit. No single factor settles the question (IRS: Schedule C instructions; IRS: hobby or business FAQ).
Hobby income is still taxable, but hobby operating expenses generally cannot produce a federal deduction: section 183 bars a hobby loss, and section 67 disallows miscellaneous itemized deductions. An expense independently deductible without a profit motive, such as qualifying mortgage interest, follows its own rules under section 183. Keep sales records even if the activity is a hobby.
How many years in a row can my business show a loss?
There is no fixed number of loss years after which a business becomes a hobby. Profit in three of five consecutive years creates a presumption that an ordinary activity is for profit; activities mainly involving breeding, training, showing or racing horses have a different two-of-seven-year test. Missing the presumption does not itself make an activity a hobby. The IRS looks at profit intent and conduct in the actual facts (26 USC 183(d); IRS: hobby or business FAQ).
Form 5213 can postpone the IRS's decision on the profit presumption until the activity's fifth year ends (seventh for horse activities). It does not turn a hobby into a business. File it within three years after the original due date of the return for the activity's first year, or within 60 days of an IRS notice proposing to disallow the deductions if sooner; on a joint return both spouses sign. Filing extends the IRS's time to assess tax on the activity to two years after the original due date of the return for that fifth or seventh year. Repeated losses call for records of pricing, marketing, changes made to seek profit and any setbacks outside your control (IRS: Form 5213 instructions).
Why can't I deduct my full LLC, partnership or S corporation loss?
An LLC label does not determine the loss rule. An individual’s single-member LLC normally reports on the owner's return; a multi-member LLC normally follows partnership rules unless it elected corporate treatment (IRS: single-member LLCs).
For a partner or S corporation shareholder, apply the limits in this order. A loss stopped at one step never reaches the next step that year (IRS: Publication 925).
| Check | Why some loss may wait |
|---|---|
| Basis | Your share of partnership losses is limited by your adjusted partnership interest. An S corporation shareholder needs sufficient stock or qualifying direct-loan basis. See partnership tax or S corporation tax and Form 7203. |
| At risk | You generally need money or property you could actually lose, or qualifying personal liability. Debt protected against loss may not count. Form 6198 can calculate the limit. If a distribution or other change pushes your amount at risk below zero at year-end, earlier deducted losses can be added back to income (IRS: Form 6198 instructions). |
| Passive activity | A business loss may wait if you do not materially participate; wages are not passive income (IRS: Publication 925). |
| Excess business loss | After the other limits, the annual cap may postpone part of your combined business loss (IRS: Form 461 instructions). |
Do not assume a business loan increases every limit in the same way. Gather contributions, distributions, loan papers, K-1s and prior-year suspended-loss schedules before claiming the loss.
Is my loss passive, and what counts as material participation?
A trade or business is generally passive to you if you do not materially participate in it. Passive losses generally offset passive income, not wages or income from a business in which you materially participate. A publicly traded partnership's passive loss generally offsets income or gain only from that same partnership. Rental activities have separate rules; see rental property taxes (IRS: Publication 925).
Material participation has seven alternative tests. Many owners qualify by working more than 500 hours, doing substantially all the work, or working more than 100 hours when no one else works more. A limited partner generally can use only the 500-hour test or one of two tests based on earlier participation; one of those applies only to personal-service activities. An owner who was also a general partner throughout the relevant period is an exception. Your spouse's participation counts with yours even if your spouse does not own the business. Related businesses forming one economic unit can be grouped so participation is tested for the group; a new grouping needs a statement with that year's original return, and regrouping later is generally not allowed. Track actual work, dates and hours; merely reviewing investments does not establish participation (IRS: Publication 925).
Is there a limit on the business loss I can deduct this year?
Yes. After basis, at-risk and passive limits, Form 461 applies the excess business loss cap to an individual's combined trades and businesses. The cap is $256,000 for a return other than a joint return and $512,000 for a joint return (IRS: Revenue Procedure 2025-32, section 4.31; IRS: Form 461 instructions).
The calculation combines business income and deductions from all eligible businesses; it is not a separate allowance for each Schedule C or K-1. On a joint return, one Form 461 includes both spouses' businesses, so one spouse's business profit can absorb the other's loss before the joint limit applies. Wages and other employee-service amounts are excluded from that business calculation. Any excess business loss is disallowed now and treated as a net operating loss carried to the next year (IRS: Form 461 instructions).
What happens to a loss I cannot use this year, and for how long?
An unused loss keeps the rule that stopped it: basis, at-risk and passive losses do not become net operating losses merely because the year ends. They become usable when their own conditions are met; a later sale can change the result. A newer nonfarming net operating loss generally carries forward until used, while an older one can expire. Keep a separate schedule for each limit (IRS: Publication 925; IRS: Internal Revenue Manual).
| Reason the loss waits | When it may become usable |
|---|---|
| Basis or at-risk limit | In a later year when enough qualifying basis or amount at risk is restored, subject to the later limits (IRS: Publication 925). |
| Passive activity limit | Generally against future passive income; a fully taxable sale of the entire activity to an unrelated buyer can release remaining passive losses. If you later materially participate, old suspended losses offset only that activity's net income (IRS: Publication 925). |
| Excess business loss limit | The excess becomes a net operating loss for the next year (IRS: Form 461 instructions). |
| Net operating loss | A nonfarming NOL from after 2017 generally carries forward indefinitely. An NOL from before 2018 generally expires after 20 years. A post-2017 NOL deduction generally cannot exceed 80% of taxable income calculated under the NOL rules. Farming losses can be carried back 2 years unless you waive that in a statement with the loss year's return, filed on time (IRS: Form 172 instructions; IRS: Internal Revenue Manual). |
Not every unused Schedule C loss becomes an NOL. Other income and special adjustments affect the NOL calculation; Form 172 helps compute it. Preserve the original loss-year return and each year's carryforward calculation (IRS: Form 172 instructions).
Does a business loss lower self-employment tax or offset my spouse's income?
A deductible business loss can reduce income tax on a joint return, including tax calculated on a spouse's wages. It does not reduce Social Security or Medicare tax already withheld from those wages. If both spouses have self-employment income, each files a separate Schedule SE (IRS: Schedule SE instructions).
For self-employment tax, one person's loss from a business subject to that tax generally reduces that same person's profit from another such business. A loss by itself does not create negative self-employment tax or reduce the other spouse's Schedule SE tax. An S corporation's passed-through loss does not reduce the shareholder's Schedule SE earnings from another business; shareholder wages follow payroll tax rules. Whether a partnership K-1 loss enters this calculation depends on the partner's self-employment earnings and allowable-loss rules (IRS: Schedule SE instructions; IRS: Form 1120-S instructions).
Can I use my C corporation's loss on my personal return?
No. A C corporation is a separate federal taxpayer, and shareholders cannot deduct its operating loss on their individual returns. The corporation may have its own net operating loss; see how C corporations are taxed (IRS: forming a corporation).
A loss on your stock can differ. When qualifying small business stock issued to you is sold at a loss or becomes worthless, section 1244 can make up to $50,000 a year ($100,000 on a joint return) an ordinary loss that can offset wages. Other stock losses are generally capital losses (US Code: section 1244).
Does my state follow the federal loss rules?
Do not assume so. State income tax may use different loss calculations and carryforward rules. California, for example, suspends its net operating loss deduction during this page's tax year, but the suspension does not apply to an individual with net business income or modified adjusted gross income below $1 million. Disaster loss carryovers are also unaffected. California permits affected taxpayers to keep computing and carrying the loss forward and extends the carryover period for suspended years (California FTB: net operating loss). Check the rules for each state where you file.
Example
Illustrative US dollars, before other income, deductions or credits. A single filer earns $500,000 in wages and has a genuine $600,000 loss from a sole proprietorship funded with the owner's own money. The owner materially participates and has no other business income. The annual excess business loss cap allows $256,000 of that loss this year against the wages; $344,000 becomes a net operating loss carryforward. The wages remain subject to normal payroll withholding, and the business loss does not produce negative self-employment tax. Next year, that NOL can offset at most 80% of taxable income figured before the NOL and qualified business income deductions.
Different for you?
- Your loss came through a partnership or multi-member LLC: basis and K-1 reporting need their own calculation. See how partnerships are taxed.
- Your loss came through an S corporation: stock basis, debt basis and Form 7203 may change it. See how S corporations are taxed.
- The loss came from rental real estate: different passive-loss exceptions may apply. See rental property taxes.
- Your C corporation has the loss: the corporation, not its shareholder, tracks the loss. See how C corporations are taxed.
- You sell online and need to report sales and expenses: see online seller income tax.
- You have a large loss, several K-1s or missed carryforward years: bring books, prior returns, basis records, debt documents and suspended-loss schedules for tax preparation. The order of limits can change both this year's deduction and later years' carryforwards.
Figures on this page
| Figure | Value | Source |
|---|---|---|
| Excess business loss threshold, returns other than joint returns Threshold for tax years beginning in 2026; see section 4.31 | $256,000 Tax year 2026 | IRS: Revenue Procedure 2025-32, section 4.31 Checked |
| Excess business loss threshold, joint returns Threshold for tax years beginning in 2026; see section 4.31 | $512,000 Tax year 2026 | IRS: Revenue Procedure 2025-32, section 4.31 Checked |
| General carryforward period for an NOL from before 2018 General rule for NOLs from tax years beginning before 2018; exceptions can apply | 20 years | IRS: Internal Revenue Manual 4.11.11 Checked |
| Limit on use of post-2017 NOL carryforwards General limit measured against taxable income computed under section 172; older NOLs can change the calculation | 80% | IRS: Instructions for Form 172 Checked |
| Annual ordinary loss limit on section 1244 small business stock Per taxable year for an individual; statutory amount, not adjusted for inflation | $50,000 | US Code: Section 1244(b) Checked |
| Annual ordinary loss limit on section 1244 small business stock, joint returns Per taxable year for a married couple filing jointly; statutory amount, not adjusted for inflation | $100,000 | US Code: Section 1244(b) Checked |
| California NOL suspension income exception threshold Individual exception applies if net business income or modified adjusted gross income is less than this amount; California 2024 through 2026 suspension | $1 million Tax year 2026 | California FTB: Net operating loss Checked |
Primary sources
- IRS: Instructions for Schedule C
- IRS: Single member limited liability companies
- IRS: Hobby or business FAQ
- US Code: Section 183, activities not engaged in for profit
- US Code: Section 67, miscellaneous itemized deductions
- IRS: About Form 5213
- IRS: Form 5213 instructions
- IRS: Publication 925, Passive Activity and At-Risk Rules
- IRS: Instructions for Form 6198
- IRS: Instructions for Form 461
- IRS: Revenue Procedure 2025-32
- IRS: Instructions for Form 172
- IRS: Internal Revenue Manual 4.11.11
- IRS: Instructions for Form 1120-S
- IRS: Instructions for Schedule SE
- IRS: Forming a corporation
- US Code: Section 1244, losses on small business stock
- California FTB: Net operating loss
About this guide
Edited and reviewed by Di Lu, CPA on . It explains general rules for the tax year shown. It is not advice for your situation.
Changes
- : First published.