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Preparing Your Tax Return(s) and Information Returns

Reporting Business Losses

If your deductions for an investment or business activity are more than the income it brings in, you have a net loss. There may be limits on how much, if any, of the loss you can use to offset income from other sources.

Net Operating Loss (NOL). If your deductions for the year are more than your income for the year, you may have a net operating loss (NOL). You can use an NOL by deducting it from your income in another year or years.

A loss from operating a business is the most common reason for an NOL.

Partnerships and S corporations generally cannot use an NOL. But partners or shareholders can use their separate shares of the partnership's or S corporation's business income and business deductions to figure their individual NOLs.

Carrybacks and carryforwards. Generally, if you have an NOL, you must carry back the entire amount of the NOL to the 2 tax years before the NOL year (the carryback period), and then carry forward any remaining NOL for up to 20 years after the NOL year (the carryforward period). You can, however, choose not to carry back an NOL and only carry it forward. You cannot deduct any part of the NOL remaining after the 20-year carryforward period. However, the carryback period is 3 years for the part of an NOL that:

1. Is from a casualty or theft, or
2. In the case of a farm business or other qualified small business, is attributable to a Presidentially declared disaster.

See Publication 536, Net Operating Losses (NOLs) for Individuals, Estates, and Trusts, for the following:

  • NOL Steps
  • How to Figure an NOL
  • When to Use an NOL
  • How to Claim an NOL Deduction

For information on figuring an NOL for a corporation, see Publication 542, Corporations.

Hobby Loss

Not-for-Profit Activities: If you do not carry on your business or investment activity to make a profit, there is a limit on the deductions you can take. You cannot use a loss from the activity to offset other income. Activities you do as a hobby, or mainly for sport or recreation, come under this limit. So does an investment activity intended only to produce tax losses for the investors.

The limit on not-for-profit losses applies to individuals, partnerships, estates, trusts, and S corporations. It does not apply to corporations other than S corporations.

Limit on Deductions and Losses

Casualty Loss. A casualty is the damage, destruction, or loss of property resulting from an identifiable event that is sudden, unexpected, or unusual.

  • A sudden event is one that is swift, not gradual or progressive.
  • An unexpected event is one that is ordinarily unanticipated and unintended.
  • An unusual event is one that is not a day-to-day occurrence and that is not typical of the activity in which you were engaged.

Generally, you can deduct a casualty loss only in the tax year in which the casualty occurred. This is true even if you do not repair or replace the damaged property until a later year.

Use Form 4684, Casualties and Thefts, to report your casualty gains and losses for business and income-producing property.


Important References:  

Publication 535                    Business Expenses
Schedule C (Form 1040)    Profit or Loss from Business
Publication 536                     Net Operating Losses (NOLs) for Individuals, Estates, and Trusts
Form 1040X                          Amended U.S. Individual Income Tax Return
Instructions for 1040X
Form 1045                             Application for Tentative Refund
Instructions for Form 1045
Form 1120X                          Amended U.S. Corporation Income Tax Return
Form 1138                             Extension of Time for Payment of Taxes by a Corporation Expecting a Net Operating
 Loss Carryback
Form 1139                             Corporation Application for Tentative Refund
Instructions for Form 1139

Publication 547                     Casualties, Disasters and Thefts
Form 4684                             Casualties and Thefts
Instructions for Form 4684
Form 4797                             Sales of Business Property
Instructions for Form 4797
Form 1040 Schedule A        Itemized Deductions
Form 1040 Schedule D       Capital Gains and Losses

Publication 542                     Corporations