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Mary Bates

Can individual taxpayers claim a Net Operating Loss (NOL) like businesses do?

So I've been operating a side business as a freelance graphic designer for a couple years now, and this year was particularly rough. I had some major equipment expenses and my income took a nosedive when I lost two big clients. I ended up with way more business expenses than income. I know that businesses can report a net operating loss (NOL) when their deductions exceed their gross income, but I'm wondering if this applies to me as an individual taxpayer? I'm familiar with the capital loss deduction where you can claim up to $3,000 against ordinary income, but is there something similar for general business losses as an individual? If I've had a terrible year financially in my business, can I somehow carry these losses forward to offset income in future years? Or am I just out of luck since I'm not a corporation? Any advice would be appreciated because I'm trying to plan my tax strategy for next year.

Yes, individuals absolutely can have a Net Operating Loss (NOL). If you're self-employed or have business activities reported on your personal tax return and your deductions exceed your income, you can end up with an NOL. For individuals, an NOL generally occurs when you have negative income on certain parts of your tax return - typically from business losses, casualty losses, or rental activities. The basic idea is that your business deductions exceed your business income plus other income. The way it works now is that NOLs can be carried forward indefinitely, but they're limited to 80% of your taxable income in any future year you use them. You'll need to file Form 1045 or Form 1040X to claim the NOL carryforward in future years.

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Ayla Kumar

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What about carry-backs? I thought you could carry NOLs back a few years too to get immediate refunds from previous years? Has that changed with the tax law changes?

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The ability to carry back NOLs has been modified several times in recent tax legislation. Under current rules, most NOLs can only be carried forward, not back. The Tax Cuts and Jobs Act eliminated the carryback provision for most situations. There were some temporary exceptions during COVID where certain NOLs could be carried back, but those provisions have expired. So for most individuals experiencing an NOL now, you're generally limited to carrying it forward to offset up to 80% of your taxable income in future years.

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After struggling with a similar issue last year, I found an amazing tool called taxr.ai (https://taxr.ai) that was incredibly helpful for figuring out my NOL situation. I'm not a tax professional by any means, and trying to calculate if I qualified for an NOL and how to properly document it was driving me crazy. What I liked about taxr.ai is that I could upload my tax documents and get a detailed analysis of my specific situation. It confirmed I could claim an NOL as an individual with my photography business losses and walked me through exactly how to document everything properly on my return. Saved me hours of research and probably a costly mistake.

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How accurate is it really? I've used other tax tools that were pretty basic and didn't understand more complex situations. Does it actually understand the NOL rules or just give generic advice?

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Kai Santiago

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I'm curious - does it help with figuring out the carryforward calculations for future years too? That's what confuses me the most about NOLs, how to properly track and apply them to future returns.

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For complex situations like NOLs, I found it surprisingly accurate. It asks detailed questions about your specific situation and bases its analysis on your actual documents rather than generic scenarios. It caught deductions I was eligible for that other tax software missed completely. Yes, it absolutely helps with the carryforward calculations. It creates a detailed report showing how your NOL should be tracked and applied to future years, with year-by-year projections of how much you can use. This was actually the most valuable part for me since the carryforward limitations can get confusing with the 80% rule.

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Kai Santiago

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I wanted to follow up about my experience with taxr.ai since I decided to try it after asking about the NOL carryforward calculations. It was actually really impressive! I uploaded my last two years of returns and some of my current year documents, and it immediately identified that I had been miscalculating my potential NOL. The detailed breakdown showed me exactly which business expenses were contributing to my NOL and which weren't eligible. It even flagged that I had missed some deductions that would have increased my loss. The step-by-step instructions for documenting everything on my return were incredibly clear - definitely worth checking out if you're dealing with an NOL situation.

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Lim Wong

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If you're having trouble getting clear answers about your NOL situation from the IRS, I highly recommend using Claimyr (https://claimyr.com). I was in NOL limbo for months trying to get clarification on some specific rules for my situation. After weeks of failed attempts to reach anyone at the IRS (endless hold times and disconnections), I tried Claimyr as a last resort. They got me connected to an actual IRS agent in about 20 minutes when I'd previously waited hours only to get disconnected. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent was able to answer my specific questions about how to document my NOL properly and confirm I was eligible to carry it forward. Saved me from potentially making a mistake that could have triggered an audit.

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Dananyl Lear

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Wait, how does this actually work? How can they get you through to the IRS when nobody else can? Sounds too good to be true honestly.

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I'm extremely skeptical. The IRS phone system is notoriously impossible. If this really worked, wouldn't everyone be using it? What's the catch - I'm guessing it costs a fortune?

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Lim Wong

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It works by using an automated system that navigates the IRS phone tree and waits on hold for you. When an agent finally answers, you get a call connecting you directly to them. It's basically like having someone wait on hold for you so you don't have to waste hours listening to the hold music. The reason everyone doesn't use it is probably because most people don't know about it yet. I was skeptical too until I tried it. No catch from what I experienced - they just charge a fee for the service of getting you connected without the wait. Considering the hours of productivity I saved not being on hold, it was absolutely worth it for me, especially with something as important as confirming NOL details.

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I need to eat my words about Claimyr. After posting my skeptical comment, I decided to try it anyway since I was desperate to talk to someone at the IRS about my NOL documentation. I've been trying for WEEKS to get through on my own with no luck. I'm honestly shocked - it actually worked! Got connected to an IRS agent in about 15 minutes when I had previously been unable to reach anyone after multiple attempts and hours on hold. The agent confirmed that yes, as an individual with a side business showing losses, I could claim an NOL and carry it forward. They walked me through the specific forms I needed (Form 1045) and explained how the 80% limitation works for future years. If you're struggling with NOL questions and need to talk to a real person at the IRS, this service is legitimate and works as advertised.

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Ana Rusula

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One thing to be careful about with NOLs as an individual - make sure your loss is actually from a legitimate business activity and not just a hobby. The IRS is pretty strict about the distinction. If you haven't been showing a profit in 3 out of 5 consecutive years (or 2 out of 7 for activities involving horses), the IRS might classify your activity as a hobby rather than a business. If that happens, you can't use those losses to create an NOL.

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Mary Bates

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That's a good point about the hobby loss rules. Does having a business license or LLC help establish that it's a legitimate business rather than a hobby? My graphic design work has been profitable in previous years, just not this year.

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Ana Rusula

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Having a business license or LLC can definitely help strengthen your case that you're running a legitimate business, but it's not the only factor the IRS considers. They look at multiple factors like whether you run the activity in a businesslike manner, your expertise, time and effort invested, expectation of appreciation in assets, your success in similar activities, history of income or losses, and your financial status. Since your graphic design work has been profitable in previous years, that works strongly in your favor. Occasional loss years amid profitable ones is normal in business. Keep good records of your marketing efforts, business plans, and steps you're taking to return to profitability to further strengthen your position that this is a legitimate business activity.

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Fidel Carson

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Has anyone actually filed an NOL as an individual before? I'm trying to figure out the actual mechanics of it. Do you just report negative income on your Schedule C and that automatically creates an NOL, or is there additional paperwork?

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I filed one last year. Just showing a loss on Schedule C isn't enough by itself. You need to complete Form 1045 Schedule A to calculate your actual NOL. There are certain deductions that don't count toward an NOL (like standard/itemized deductions and personal exemptions). Then when you carry the loss forward to future years, you'll use Form 1040 Schedule 1 to report the deduction. It's kind of complicated honestly - I'd recommend using a tax professional the first time you do it.

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Ava Rodriguez

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Thanks for sharing all this information about NOLs for individuals - this is really helpful! I'm in a similar situation where my consulting business had a rough year due to losing a major client. One question I have is about timing - if I determine I have an NOL for this tax year, do I need to wait until I file my return to start planning for the carryforward, or can I estimate it now to help with tax planning for next year? I'm trying to figure out if I should adjust my estimated tax payments for next year based on potentially having an NOL to carry forward. Also, does anyone know if there are any restrictions on what types of business expenses can contribute to an NOL? I had some large equipment purchases and professional development courses this year that pushed me into the red.

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Natalie Wang

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You can definitely start estimating your NOL now to help with tax planning! I'd recommend calculating a rough estimate based on your current business income and expenses. Equipment purchases and professional development courses that are ordinary and necessary for your business should generally qualify as deductible business expenses that can contribute to an NOL. For the equipment, you'll want to check if you're depreciating it over multiple years or taking it all as a deduction this year (like with Section 179 or bonus depreciation). Professional development directly related to your consulting work should be fully deductible. As for estimated taxes next year, if you're confident you'll have a significant NOL to carry forward, you might be able to reduce your estimated payments. Just keep in mind the 80% limitation - you can only offset up to 80% of next year's taxable income with the NOL carryforward. I'd suggest running the numbers with a tax professional to make sure you don't underpay and trigger penalties.

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NeonNebula

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As someone who went through the NOL process as an individual taxpayer two years ago, I wanted to share a few practical tips that might help you navigate this situation. First, make sure you're keeping detailed records of all your business expenses - the IRS will want to see that these are legitimate business deductions if they ever audit. For equipment purchases like you mentioned, you'll need to decide whether to depreciate them over time or take advantage of Section 179 deduction to expense them all in the current year (which could increase your NOL). One thing that caught me off guard was that calculating the actual NOL amount isn't as simple as just taking your Schedule C loss. You have to use Form 1045 Schedule A, and there are adjustments that need to be made. Some deductions that are allowed on your regular tax return don't count toward the NOL calculation. Also, keep in mind that while the NOL can be carried forward indefinitely, you're limited to using 80% of your taxable income in future years. So if you have a big income year coming up, you won't be able to completely offset all of it with your NOL carryforward. The good news is that since your business has been profitable in previous years, you shouldn't have any issues with the IRS claiming it's a hobby rather than a legitimate business. Document your efforts to return to profitability - marketing activities, new client outreach, business plan updates, etc. This shows you're operating with a profit motive even during the loss year.

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Romeo Quest

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This is incredibly helpful, thank you for sharing your real experience with the NOL process! I had no idea about Form 1045 Schedule A - I was definitely oversimplifying it by thinking the Schedule C loss would automatically translate to an NOL. Your point about Section 179 is particularly useful. I hadn't considered that I could choose to expense all my equipment purchases this year versus depreciating them, and how that choice could impact my NOL calculation. Do you remember if there were any specific guidelines on when it makes sense to choose one approach over the other? The documentation tip is great too. I've been keeping receipts but haven't been as diligent about documenting my business activities and profit-seeking efforts during this tough period. I should probably start keeping a log of my client outreach and business development activities to show I'm actively working to get back to profitability. Thanks again for the practical insights - this gives me a much clearer roadmap for handling my situation!

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Kolton Murphy

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Great discussion everyone! I wanted to add something that might be helpful for Mary and others dealing with NOL situations. One thing that's often overlooked is the importance of timing your income and expenses strategically when you know you might have an NOL. For example, if you're already showing a loss for the year, you might want to accelerate certain deductible business expenses into the current year (like equipment purchases, professional memberships, or prepaying some business expenses) to maximize your NOL. Conversely, if you have any flexibility in timing income (like delaying invoicing clients until January), that could help increase your loss for NOL purposes. Also, don't forget about the qualified business income (QBI) deduction interaction. If you have an NOL carryforward that reduces your taxable income in future years, it might also impact your QBI deduction calculation since that's based on your taxable income. It's another reason to run projections for future years to optimize your overall tax situation. The equipment expense timing decision that NeonNebula mentioned is crucial - Section 179 lets you expense up to $1,080,000 (for 2022) of qualifying equipment immediately, while bonus depreciation can let you deduct 80% (for 2023) of certain assets in the first year. Both could significantly increase your current year NOL if that's beneficial for your situation.

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This is really valuable strategic advice! I hadn't thought about the timing aspects of managing an NOL situation. The point about accelerating expenses into the loss year makes a lot of sense - if you're already going to have a loss, you might as well maximize it to create a larger NOL carryforward for future years. The QBI deduction interaction you mentioned is something I definitely need to research more. I've been focused on the NOL rules but hadn't considered how it might affect other deductions in future years when I use the carryforward. This could really complicate the tax planning calculations. One question on the equipment expensing - is there ever a situation where it would be better NOT to take the full Section 179 or bonus depreciation if you're already in an NOL position? I'm wondering if spreading the depreciation over multiple years might be more beneficial in some cases, especially with the 80% limitation on using NOL carryforwards in future years.

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Natasha Ivanova

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This has been such an informative discussion! I'm dealing with a similar NOL situation with my marketing consulting business. One aspect I haven't seen mentioned yet is the state tax implications - does anyone know if NOL carryforwards work the same way at the state level? I'm in California and I'm wondering if the state will recognize my federal NOL carryforward, or if they have different rules. Some states don't conform to federal NOL provisions, and with California's tendency to have their own tax rules, I want to make sure I'm not missing anything important. Also, for those who have successfully navigated the NOL process, how did you handle the bookkeeping and tracking year over year? I'm concerned about properly documenting the carryforward amounts for future tax returns, especially if I end up with NOLs for multiple years or only use partial amounts in future years. The strategic timing advice from Kolton is brilliant - I'm definitely going to look at accelerating some planned equipment purchases before year-end to maximize my NOL. Better to get the full benefit now rather than depreciating over multiple years when I might not have enough income to fully utilize the deductions.

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GalaxyGlider

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Great question about state tax implications! State NOL rules can vary significantly from federal rules, and California is definitely one of those states that marches to its own drummer when it comes to tax law. California does generally allow NOL carryforwards, but they have their own calculation methods and limitations that don't always match federal rules. For example, California has historically had different carryforward periods and percentage limitations than federal law. You'll want to check the current California NOL rules since they've changed several times in recent years. For tracking NOLs year over year, I'd strongly recommend setting up a separate spreadsheet or using tax software that can track carryforward amounts. You'll need to keep detailed records of: 1) The original NOL amount by year, 2) How much you've used each year, 3) How much remains available for future years, and 4) The expiration dates if any apply. The key is maintaining a "waterfall" tracking system where you use the oldest NOLs first (though with indefinite carryforward periods, this is less critical than it used to be). Many tax professionals create a simple schedule that shows the NOL activity each year - it's invaluable during tax prep and if you ever face an audit. Since you're in California, I'd definitely recommend consulting with a tax professional who understands both federal and California NOL rules to make sure you're optimizing both returns.

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Liam Fitzgerald

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This thread has been incredibly educational! I'm a freelance web developer who's been putting off dealing with a similar NOL situation from last year when several major projects fell through and I had significant equipment and software licensing expenses. Reading through everyone's experiences, I realize I need to stop procrastinating and properly calculate my NOL using Form 1045 Schedule A rather than just assuming my Schedule C loss equals my NOL. The strategic timing advice about accelerating expenses is particularly relevant since I'm facing another potentially tough year. One question for those who've been through this - if you have an NOL carryforward available but your income in the following year is relatively low, is there any benefit to NOT using the full amount you're entitled to? I'm thinking about the 80% limitation and wondering if it might make sense to save some NOL for a higher income year, or if you're always better off using as much as possible each year. Also, has anyone dealt with NOLs while also receiving unemployment benefits? I had a period where I was collecting unemployment while trying to rebuild my client base, and I'm not sure how that factors into the NOL calculation or carryforward strategy. Thanks to everyone who's shared their real-world experiences - this is exactly the kind of practical guidance that's hard to find elsewhere!

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Jacob Lee

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Welcome to the discussion! Your situation sounds really familiar - I think many of us freelancers have been in that same boat with project cancellations and high upfront costs. Regarding your question about strategically using NOL carryforwards - you're actually required to use the NOL in the first year you have taxable income that it can offset. You can't choose to "save" it for a potentially higher income year later. The IRS requires you to apply NOLs in chronological order against available income, subject to the 80% limitation. However, the 80% rule does create some natural "saving" effect. If you have $10,000 in taxable income, you can only use $8,000 of your NOL carryforward, leaving $2,000+ to carry forward to the next year automatically. For the unemployment benefits question - those are generally considered taxable income for federal purposes, so they would factor into your overall income calculation when determining how much of your NOL carryforward you can use in a given year. The unemployment itself doesn't affect your NOL calculation from your business activities, but it does affect how much NOL you can utilize when you file your return. Definitely get that Form 1045 Schedule A sorted out - it makes a huge difference in understanding your true NOL amount versus just the Schedule C loss!

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