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Kristian Bishop

NOL limitation and PYA Basis Carryover - How to handle this on Schedule E?

So I'm trying to figure out how to properly report my nonpassive loss from a PYA basis carryover on my tax return. My main question is about the sequencing - do I need to use this nonpassive loss BEFORE I calculate the NOL limitation (which is 80% of taxable income), or do I have to include this loss AS PART of the NOL limitation calculation? I've been staring at Schedule E page 2 for hours and I'm completely confused about the proper way to handle this. The instructions aren't clear to me at all. My income situation is pretty straightforward otherwise - just have W-2 wages of about $195k, but this NOL and PYA basis carryover stuff is driving me crazy. I swear I'm taking an NOL seminar after this tax season - this is way too complicated for someone who just wants to file correctly. Any advice would be really appreciated!

Kaitlyn Otto

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This is a great question about a complex area of tax law. The nonpassive loss from a PYA (Prior Year Allowable) basis carryover is treated differently than the NOL limitation calculation. First, you'll want to use your PYA basis carryover to determine your allowable passive activity losses for the current year. This happens on Form 8582 and flows to Schedule E. This calculation happens BEFORE you start determining your NOL. Once you've determined your total income/loss (including the properly calculated passive/nonpassive losses), then you'll move to the NOL calculation where the 80% of taxable income limitation would apply. The key is understanding that these are sequential steps in the tax calculation process - you first determine your properly allowed losses from passive activities, then you calculate whether you have an NOL, and finally apply the 80% limitation if applicable.

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Axel Far

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Thanks for the explanation, but I'm still a bit confused. So if I have a $50k nonpassive loss from a PYA carryover, I use that first to reduce my income, and THEN I determine if I have an NOL subject to the 80% limitation? Does that mean the $50k loss isn't part of what gets limited to 80%?

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Kaitlyn Otto

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You'll use your PYA basis carryover to calculate your allowable passive activity losses for the current year first. This will flow through to your Schedule E and ultimately to your Form 1040 to determine your AGI and taxable income. If after including all income and deductions (including your properly calculated passive/nonpassive losses), your deductions exceed your income, then you have an NOL. At this point, the 80% limitation would apply to carrying this NOL forward to future tax years or back to prior years if eligible.

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I just went through a similar situation with my own taxes. Seriously, these PYA basis carryovers and NOL limitations can be a nightmare to figure out. I was ready to pull my hair out until I found https://taxr.ai which saved me countless hours trying to interpret the rules. Their system analyzed my Schedule E and previous year returns and flagged exactly how to sequence the PYA basis carryover properly before the NOL limitation. What's cool is that it showed me a step-by-step calculation of how the losses flow through the return, which made it SO much clearer than reading the IRS instructions over and over.

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Luis Johnson

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Does it help with more complicated situations? I've got PYA carryovers plus some suspended losses from rental properties. Does the tool walk you through the right order for all these calculations?

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Ellie Kim

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I'm skeptical about tax tools that claim to handle complex situations like this. How does it compare to just taking your docs to a CPA who specializes in NOLs and passive losses? Seems like with something this complicated, you'd want a human expert.

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It definitely handles complex situations with multiple loss types. The system breaks down the proper sequence for applying different kinds of losses and limitations, showing exactly how PYA carryovers, suspended passive losses, and NOL limitations interact. It even flagged where my previous year's return had sequenced things incorrectly. Regarding a CPA comparison, I actually had my CPA review what the system recommended. He was impressed and said it correctly identified issues he would have caught, but it saved me from paying him for hours of analysis time. The best part was I understood the reasoning instead of just trusting someone else's work.

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Ellie Kim

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I have to admit I was skeptical about taxr.ai when I first heard about it, but I decided to give it a try with my NOL calculation issues. What surprised me was how it specifically flagged the sequence of applying my PYA basis carryover before the 80% NOL limitation calculation - exactly what the original poster was asking about. The analysis showed me that I'd been calculating my NOLs incorrectly for 2 years! Ended up filing amended returns based on the correct sequencing and got back almost $7k. The documentation it provided also helped me explain everything to my tax preparer who had been doing it wrong previously. Definitely worth checking out if you're dealing with these complicated loss calculations.

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Fiona Sand

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If you're dealing with NOL limitations and passive activity losses, another huge headache is trying to get answers directly from the IRS when you have questions. I spent weeks trying to reach someone who could actually help with my NOL questions. I finally tried https://claimyr.com after seeing it recommended in another tax forum, and they got me connected to an IRS agent who specialized in business losses in under 45 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c Before using this service, I spent over 12 hours on hold across multiple days and never got through to someone who could actually answer my NOL sequencing questions. The IRS agent I spoke with confirmed that PYA basis carryovers are applied before calculating NOL limitations, which gave me confidence to file correctly.

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How does this actually work? Do they somehow have a secret line to the IRS or something? I've literally spent entire days on hold before.

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Yeah right. There's no way to skip the IRS phone queue. This has to be some kind of scam that just takes your money and puts you on hold like everyone else. The IRS phone system is designed to be impenetrable.

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Fiona Sand

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It's not a secret line - they use an automated system that continually redials the IRS and navigates the phone tree until they get through to a human. When an agent answers, you get a text and jump on the call. It's definitely not a scam. The service only charges if they successfully connect you with an IRS representative. I was skeptical too, but when I got the text that an agent was on the line after about 40 minutes (instead of the 4+ hours I had spent on previous attempts), I was sold. The agent I spoke with was incredibly helpful with my specific NOL sequencing questions.

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I need to admit I was completely wrong about Claimyr. After posting that skeptical comment, I figured I had nothing to lose and tried it for my NOL questions. Within 35 minutes I got the text that they had an IRS agent on the line - I nearly fell out of my chair! The agent walked me through exactly how to sequence my PYA basis carryover before applying the NOL limitation, which was exactly what I needed to know. She even emailed me some internal reference materials about NOL calculations. What would have been another full day wasted on hold turned into a 45-minute process from start to finish. For anyone dealing with complex tax situations like NOLs where you actually need to speak with the IRS, this service is absolutely worth it.

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Finnegan Gunn

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Another thing to consider with NOLs and PYA basis carryovers is the interaction with Section 461(l) business loss limitations. This is yet another layer that applies AFTER you've figured out your passive activity losses but BEFORE you determine your final NOL. For 2023 tax year, individuals can only deduct business losses up to $289,000 ($578,000 for joint filers). Any excess gets carried forward. This limitation applies before the NOL limitation, so the sequence matters tremendously. So the full sequence is: 1. Apply PYA basis carryovers to determine allowable passive losses 2. Apply Section 461(l) business loss limitations 3. Calculate NOL and apply 80% of taxable income limitation

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Miguel Harvey

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Wait, I thought the business loss limitation was suspended through 2026 because of the CARES Act? Are you saying it's back in effect now?

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Finnegan Gunn

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The business loss limitation under Section 461(l) was temporarily suspended for tax years 2018-2020 by the CARES Act, but it's definitely back in effect now. The suspension ended after 2020, and the limitation has been in force since 2021. The thresholds are inflation-adjusted each year, which is why I mentioned the specific 2023 amounts ($289,000 for individuals, $578,000 for joint filers). It's an important consideration when dealing with business losses, especially when figuring out the proper sequence with NOLs.

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Ashley Simian

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Has anyone used the free NOL webinars that the IRS offers? I saw they have some coming up next month, but wondering if they're worth the time or if they're too basic for complex situations like this?

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Oliver Cheng

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I attended one last year. It was decent for fundamentals but they didn't cover the more complex interactions like PYA basis carryovers or sequencing with other limitations. Felt more geared toward tax preparers who are new to NOLs rather than dealing with specific complex scenarios.

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MidnightRider

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I went through this exact same confusion last year with my Schedule E and NOL calculations. The key insight that finally clicked for me is that you need to think of these as separate layers of limitations that apply in a specific order. Your PYA basis carryover gets applied first to determine your current year allowable passive losses. This flows through Schedule E to your Form 1040. Then, if your total deductions exceed income after all these calculations, you'd have an NOL subject to the 80% limitation. What really helped me was creating a simple worksheet to track each step: 1. Calculate current year passive income/loss 2. Apply PYA basis carryover to increase allowable losses 3. Flow net result to Form 1040 4. Calculate total taxable income 5. If negative, apply 80% NOL limitation for carryforward The IRS instructions make it sound way more complicated than it actually is once you understand the sequence. Don't let it drive you crazy - you're on the right track asking these questions!

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Freya Nielsen

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This worksheet approach is brilliant! I've been trying to wrap my head around this for weeks and your step-by-step breakdown makes so much more sense than the IRS publications. I'm definitely going to create a similar tracking sheet for my situation. One quick follow-up question - when you say "apply PYA basis carryover to increase allowable losses" in step 2, does that mean the carryover can potentially turn what would have been disallowed passive losses into allowable ones? Or does it work differently than that? Thanks for breaking this down in such a clear way - sometimes the simplest explanations are the most helpful!

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