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Are Your Business Losses Subject to the Excess Business Loss Rule?
ARTICLE | February 17, 2026
Authored by Vasquez + Company
Large business or rental property losses may not provide the immediate tax relief you expect. Since 2018, the excess business loss disallowance rule has limited how much noncorporate taxpayers can deduct in a given year, pushing excess amounts into future years as net operating loss carryforwards. Now, thanks to legislation enacted in July 2025, the rule is not only permanent but also more restrictive, with lower deduction thresholds taking effect in 2026. Understanding how this rule works, how it applies to different business structures, and how the new thresholds may impact your planning is essential for business owners and investors with significant losses.
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Our firm provides the information for general guidance only, and does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation. This article is not intended to be used, and cannot be used by any taxpayer, for the purpose of avoiding accuracy-related penalties that may be imposed on the taxpayer. The information is provided “as is,” with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose.
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