The formulas
- Excess business loss = business deductions - (business gross income and gain + threshold)
- Threshold 2026: $256,000 ($512,000 joint)
- Allowed loss = net business loss - excess business loss
How it works
Section 461(l) disallows a noncorporate taxpayer's business losses above a threshold. For 2026 the threshold is $256,000, or $512,000 on a joint return, per Rev. Proc. 2025-32. The disallowed excess becomes a net operating loss carryforward.
The limit applies after section 469, so passive loss limits come first. The 2025 amendments removed the end date, so the limit is permanent.
Illustrative figures only. Check the result against your firm's methodology before relying on it.
Common questions
Where does the disallowed loss go?
Section 461(l)(2) treats it as a net operating loss carryover to the next year.
Does the 80 percent NOL limit apply to the carryover?
Yes. Use the NOL deduction tool to see the limit when the carryover is used.
Is the threshold indexed?
Yes, under section 461(l)(3)(C). The 2026 amounts come from Rev. Proc. 2025-32.
Sources
- 26 U.S.C. §461 General rule for taxable year of deduction, Cornell Legal Information Institute
- IRS Rev. Proc. 2025-32 (2026 inflation adjusted items)
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