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business tax deductions

Understanding Excess Business Losses for 2024: What Every Business Owner Should Know

Ken Botwinick, CPA | 02/24/2025

If you’re an individual taxpayer dealing with substantial business losses, you might be affected by federal tax rules designed to limit deductions. Navigating these rules can be challenging, but understanding how they apply can help you make smarter financial decisions for the 2024 tax year. Here’s what you need to know about excess business losses and how they might impact your tax situation.


What is an Excess Business Loss?

An excess business loss occurs when your aggregate business losses surpass a set threshold defined by the IRS. For 2024, the thresholds are:

  • $305,000 for single filers
  • $610,000 for married couples filing jointly

If your losses exceed these limits, the excess amount cannot be deducted in the current year. Instead, it is carried forward as a Net Operating Loss (NOL) to future tax years.


Passive Activity Loss (PAL) Rules

Before addressing excess business losses, you need to clear another hurdle: the Passive Activity Loss (PAL) rules. These rules apply if you aren’t actively involved in your business operations or if the income stems from rental activities. Under PAL rules:

  • Passive losses can only be deducted if you have passive income from other sources.
  • Disallowed losses are carried forward and can be deducted when you dispose of the related business or property.

How Does the Excess Business Loss Rule Work?

Even if you clear the PAL rules, the excess business loss disallowance rule might still apply. Here’s how:

  • Losses beyond the allowable threshold must be carried forward as an NOL.
  • You can only use NOL carryovers to offset up to 80% of your taxable income in the carryover year.
  • NOLs can no longer be carried back to prior tax years but can be carried forward indefinitely.

Real-World Examples of Excess Business Losses

Example 1: Partial Deduction for Business Losses

David operates a sole proprietorship focused on artificial intelligence development. In 2024:

  • He incurs a $400,000 business loss.
  • His income from other sources totals $500,000.

Since the individual threshold is $305,000, David can only deduct up to that amount in 2024. The remaining $95,000 becomes an NOL and carries forward to the next tax year.

Example 2: No Impact from Excess Business Loss Disallowance

Nora and Ned are married, filing jointly, with the following financial details:

  • Nora incurs a $350,000 loss from rental real estate.
  • Ned runs a business that incurs a $150,000 loss.
  • They have $600,000 in other income.

Their combined losses total $500,000, which is under the $610,000 threshold for married joint filers in 2024. They can fully deduct their losses against their other income with no carryover required.


How Excess Business Losses Impact Partnerships, LLCs, and S Corporations

For pass-through entities like partnerships, LLCs, and S corporations, the excess business loss rule applies at the individual owner level. Each owner’s share of the entity’s income, deductions, and losses is reflected on their personal tax return (Form 1040). This means:

  • Each partner or shareholder calculates their own business loss deduction limits.
  • Excess losses are carried forward as an NOL individually, not at the business entity level.

Best Strategies to Handle Excess Business Losses

Managing business losses can be complex, but there are strategies to minimize their impact:

  1. Monitor Your Business Activities: Actively participate in your business to avoid PAL limitations.
  2. Strategic Timing: Consider delaying or accelerating income and deductions to minimize excess losses.
  3. Utilize NOL Carryforwards: Plan for future years by using NOLs effectively to offset taxable income.

Need Help Managing Your Business Losses?

Excess business loss rules can significantly affect your tax liability if not managed properly. Whether you’re dealing with sole proprietorships, partnerships, or rental properties, having a clear strategy is essential.

Contact us today for personalized tax advice to ensure you’re maximizing deductions while staying compliant with current IRS rules.

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2025 Business Tax Updates: Key Limits and Deductions You Need to Know

Ken Botwinick, CPA | 02/07/2025

Each year, tax-related limits for businesses are adjusted based on inflation. While 2025 brings increases to many tax deductions and limits, the pace of these changes has slowed due to easing inflation. Understanding these updates can help business owners optimize their tax strategies and maximize deductions.

Key 2025 Business Tax Deduction Increases Compared to 2024

Section 179 Expensing Deductions

  • Maximum deduction: $1.25 million (up from $1.22 million in 2024)
  • Phaseout threshold: $3.13 million (up from $3.05 million)
  • Heavy vehicle expensing limit: $31,300 (up from $30,500)

Standard Mileage Rate for Business Driving

  • 2025 rate: 70 cents per mile (up from 67 cents per mile in 2024)

Qualified Business Income (QBI) Deduction Phaseout Limits (Sec. 199A)

  • Married filing jointly: Begins at $394,600 (up from $383,900)
  • Other filers: Begins at $197,300 (up from $191,950)

2025 Retirement Plan Contribution Limits vs. 2024

Maximizing retirement contributions is a tax-efficient way to plan for the future. Here are the key updates:

401(k) Contribution Limits

  • Employee contributions: $23,500 (up from $23,000)
  • Catch-up contributions (age 50+): $7,500 (unchanged)
  • New catch-up contributions for those aged 60-63: $11,250 (not available in 2024)

SIMPLE IRA Contribution Limits

  • Employee contributions: $16,500 (up from $16,000)
  • Catch-up contributions (age 50+): $3,500 (unchanged)
  • New catch-up contributions for those aged 60-63: $5,250 (not available in 2024)

Other Retirement Plan Limits

  • Total employer/employee contributions to defined contribution plans: $70,000 (up from $69,000)
  • Maximum compensation for plan contributions: $350,000 (up from $345,000)
  • Annual benefit limit for defined benefit plans: $280,000 (up from $275,000)
  • Highly compensated employee threshold: $160,000 (up from $155,000)
  • Key employee threshold: $230,000 (up from $220,000)

Social Security Tax Changes for 2025

  • Wage cap for Social Security tax: $176,100 (up from $168,600 in 2024)

Other Employee Benefit Updates for 2025

Qualified Transportation Fringe Benefits

  • Employee income exclusion: $325 per month (up from $315)

Health Savings Accounts (HSA)

  • Individual coverage contribution limit: $4,300 (up from $4,150)
  • Family coverage contribution limit: $8,550 (up from $8,300)
  • Catch-up contribution (age 55+): $1,000 (unchanged)

Flexible Spending Accounts (FSA)

  • Health care FSA contribution limit: $3,300 (up from $3,200)
  • Health care FSA rollover limit: $660 (up from $640)
  • Dependent care FSA limit: $5,000 (unchanged)

Potential Business Tax Policy Changes in 2025

While these tax updates are already in place, additional changes may be on the horizon. With a new administration and Republican control in Congress, several tax policy proposals could impact businesses in 2025, including:

  • A lower corporate tax rate (currently at 21%)
  • The elimination of taxes on overtime pay, tips, and Social Security benefits

Staying up to date on these potential changes is crucial for tax planning. Consulting a tax professional can help ensure your business is prepared to take full advantage of available deductions and credits.

Need Tax Planning Assistance for 2025?

Understanding tax updates is essential for maximizing deductions and minimizing liabilities. If you have questions about how these changes affect your business, contact us today for expert tax guidance!

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Gifts, Parties, and Tax Benefits: A Guide to Grateful Celebrations

Ken Botwinick, CPA | 12/14/2023

The holiday season is here. During this festive season, your business may want to show its gratitude to employees and customers by giving them gifts or hosting holiday parties. It’s a good time to review the tax rules associated with these expenses. Are they tax deductible by your business and is the value taxable to the recipients?

Employee gifts

Many businesses want to show their employees appreciation during the holiday time. In general, anything of value that you transfer to an employee is included in his or her taxable income (and, therefore, subject to income and payroll taxes) and deductible by your business.

But there’s an exception for noncash gifts that constitute a “de minimis” fringe benefit. These are items small in value and given so infrequently that they are administratively impracticable to account for. Common examples include holiday turkeys or hams, gift baskets, occasional sports or theater tickets (but not season tickets), and other low-cost merchandise.

De minimis fringe benefits aren’t included in your employees’ taxable income yet they’re still deductible by your business. Unlike gifts to customers, there’s no specific dollar threshold for de minimis gifts. However, many businesses use an informal cutoff of $75.

Key point: Cash gifts — as well as cash equivalents, such as gift cards — are included in an employee’s income and subject to payroll tax withholding regardless of how small they are and infrequently they’re given.

Customer gifts

If you make gifts to customers or clients, they’re only deductible up to $25 per recipient, per year. For purposes of the $25 limit, you don’t need to include “incidental” costs that don’t substantially add to the gift’s value, such as engraving, gift wrapping, packaging or shipping. Also excluded from the $25 limit is branded marketing collateral — such as small items imprinted with your company’s name and logo — provided they’re widely distributed and cost less than $4 each.

The $25 limit is for gifts to individuals. There’s no set limit on gifts to a company (for example, a gift basket for all of a customer’s team members to share) as long as the cost is “reasonable.”

A holiday party

Under the Tax Cuts and Jobs Act, certain deductions for business-related meals were reduced and the deduction for business entertainment was eliminated. However, there’s an exception for certain recreational activities, including holiday parties.

Holiday parties are fully deductible (and excludible from recipients’ income) so long as they’re primarily for the benefit of employees who aren’t highly compensated and their families. If customers, and others also attend, a holiday party may be partially deductible.

Holiday cards

Sending holiday cards is a nice way to show customers and clients your appreciation. If you use the cards to promote your business, you can probably deduct the cost. Incorporate your company name and logo, and you might even want to include a discount coupon for your products or services.

Boost morale with festive gestures

If you have questions about giving holiday gifts to employees or customers or throwing a holiday party, contact us. We can explain the tax implications.

© 2023

 

Q&A below:

 

How can employers determine if a noncash gift qualifies as a "de minimis" fringe benefit?

Employers can determine if a noncash gift qualifies as a "de minimis" fringe benefit by considering its value and frequency. The IRS considers a de minimis fringe benefit to be one that has a low value and is provided infrequently. While there is no specific cutoff for the value of a de minimis gift, noncash gifts with a value of $75 or less are generally considered de minimis. In addition, gifts that are given sporadically or on special occasions—in this case, for the holidays—are more likely to qualify as de minimis.

 

What are some differences between cash and non-cash gifts to employees from a tax perspective?

Cash gifts to employees are typically considered taxable income and must be reported on the employee's W-2 form. The employer is responsible for withholding the appropriate amount of federal income tax, Social Security tax, and Medicare tax from the cash gift. Non-cash gifts, on the other hand, may be treated differently for tax purposes. If a non-cash gift is considered a de minimis fringe benefit (i.e. small in value and given infrequently), it may be excluded from the employee's taxable income. Both cash and non-cash gifts are generally deductible for the employer, limited to $25 per employee but not limited when gifting to a corporation as long as it is considered “reasonable”.

 

Are holiday parties tax-deductible?

Holiday parties are fully deductible (and excludible from recipients’ income) so long as they’re primarily for the benefit of employees who aren’t highly compensated and their families. If customers, and others also attend, a holiday party may be partially deductible.

 

Are holiday cards sent to customers and clients tax-deductible?

If you use the cards to promote your business, you can likely deduct the cost. Incorporate your company name and logo, and you might even want to include a discount coupon for your products or services.

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A Company Car Is A Valuable Perk But Don’t Forget About Taxes

Ken Botwinick, CPA | 12/11/2023

One of the most appreciated fringe benefits for owners and employees of small businesses is the use of a company car. This perk results in tax deductions for the employer as well as tax breaks for the owners and employees driving the cars. (And of course, they enjoy the nontax benefit of using a company car.) Even better, current federal tax rules make the benefit more valuable than it was in the past.

Rolling out the rules

Let’s take a look at how the rules work in a typical situation. For example, a corporation decides to supply the owner-employee with a company car. The owner-employee needs the car to visit customers and satellite offices, check on suppliers and meet with vendors. He or she expects to drive the car 8,500 miles a year for business and also anticipates using the car for about 7,000 miles of personal driving. This includes commuting, running errands and taking weekend trips. Therefore, the usage of the vehicle will be approximately 55% for business and 45% for personal purposes. Naturally, the owner-employee wants an attractive car that reflects positively on the business, so the corporation buys a new $57,000 luxury sedan.

The cost for personal use of the vehicle is equal to the tax the owner-employee pays on the fringe benefit value of the 45% personal mileage. In contrast, if the owner-employee bought the car to drive the personal miles, he or she would pay out-of-pocket for the entire purchase cost of the car.

Personal use is treated as fringe benefit income. For tax purposes, the corporation treats the car much the same way it would any other business asset, subject to depreciation deduction restrictions if the auto is purchased. Out-of-pocket expenses related to the car (including insurance, gas, oil and maintenance) are deductible, including the portion that relates to personal use. If the corporation finances the car, the interest it pays on the loan is deductible as a business expense (unless the business is subject to the business interest expense deduction limitation under the tax code).

On the other hand, if the owner-employee buys the auto, he or she isn’t entitled to any deductions. Outlays for the business-related portion of driving are unreimbursed employee business expenses, which are nondeductible from 2018 to 2025 due to the suspension of miscellaneous itemized deductions under the Tax Cuts and Jobs Act. And if the owner-employee finances the car personally, the interest payments are nondeductible.

One other implication: The purchase of the car by the corporation has no effect on the owner-employee’s credit rating.

Careful recordkeeping is essential

Supplying a vehicle for an owner’s or key employee’s business and personal use comes with complications and paperwork. Personal use needs to be tracked and valued under the fringe benefit tax rules and treated as income. This article only explains the basics.

Despite the necessary valuation and paperwork, a company-provided car is still a valuable fringe benefit for business owners and key employees. It can provide them with the use of a vehicle at a low tax cost while generating tax deductions for their businesses. (You may even be able to transfer the vehicle to the employee when you’re ready to dispose of it, but that involves other tax implications.) We can help you stay in compliance with the rules and explain more about this fringe benefit.

© 2023

Q&A below:

What are some employer and employee tax benefits associated with using a company car?

For employers, some tax benefits associated with using a company car include tax deductions for expenses related to the company car (such as fuel, maintenance, and insurance) and depreciation deductions for the value of the company car over time. For employees, some tax benefits associated with using a company car include tax-free fringe benefits if the company car is used primarily for business purposes and potential tax deductions for business-related expenses incurred while using the company car (such as parking fees or tolls).

What are some important rules and details regarding tax treatment of company cars?

It is important to distinguish between personal and business use. If the employer buys the car for the employee, the cost for personal use of the vehicle is equal to the tax the employee pays on the fringe benefit value of the car’s personal-use mileage portion. In contrast, if the owner-employee buys the car to drive the personal miles, he or she would pay out-of-pocket for the entire purchase cost of the car. Assuming the employer buys the car, personal use is treated as fringe benefit income. For tax purposes, the employer treats the car much the same way it would any other business asset, subject to depreciation deduction restrictions if the auto is purchased. Out-of-pocket expenses related to the car are deductible, including the portion that relates to personal use. If the employer finances the car, the interest it pays on the loan is deductible as a business expense (unless the business is subject to the business interest expense deduction limitation under the tax code). On the other hand, if the employee buys the auto, he or she isn’t entitled to any deductions. In this case, outlays for the business-related portion of driving are unreimbursed employee business expenses, which are nondeductible from 2018 to 2025 due to the suspension of miscellaneous itemized deductions under the Tax Cuts and Jobs Act. If the employee finances the car personally, the interest payments are nondeductible.

Are there any helpful best practices associated with supplying a company car?

Documentation and recordkeeping are essential. Personal use needs to be tracked and valued under the fringe benefit tax rules and treated as income. It is important to speak with a tax professional to ensure compliance with tax laws related to company cars.

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