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Formulár 461 Návody

Pokyny pre formulár 461, Obmedzenie na obchodné straty

Rev. 2023

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Department of the Treasury  
Internal Revenue Service  
2023  
Instructions for Form 461  
Limitation on Business Losses  
Section references are to the Internal Revenue Code unless  
otherwise noted.  
Form 1041-N, U.S. Income Tax Return for Electing Alaska  
Native Settlement Trusts.  
Form 990-T, Exempt Organization Business Income Tax  
Return (and proxy tax under section 6033(e)).  
General Instructions  
Definitions  
Future Developments  
Excess business loss. An excess business loss is the  
amount by which the total deductions (computed without  
regard to any deduction allowed under section 172 or 199A)  
from your trades or businesses are more than your total gross  
income or gains from your trades or businesses, plus the  
threshold amount. Such excess losses should be determined  
without regard to any deductions, gross income, or gains  
attributable to any trade or business of performing services of  
an employee.  
Go to IRS.gov/Form461 for the latest information about Form  
461 and its instructions.  
Reminders  
Limitation on excess business losses of noncorporate  
taxpayers. The disallowance of excess business losses is  
effective for tax years beginning after 2020 and before 2029.  
Excess business losses. Excess business losses are now  
computed without regard to any deduction allowed under  
section 172 or 199A and without regard to any deductions,  
gross income, or gains attributable to any trade or business  
of performing services as an employee.  
Treatment of capital gains and losses. Losses from sales  
or exchanges of capital assets are not included in the  
calculation of the total deductions from your trades or  
businesses.  
Threshold amount. For 2023, the threshold amount is  
$289,000 ($578,000 for taxpayers filing a joint return). These  
amounts are indexed for inflation.  
Treatment of capital gains and losses. Losses from sales  
or exchanges of capital assets are not included in the  
calculation of the total deductions from your trades or  
businesses.  
Gains from the sales or exchanges of capital assets  
Gains from sales or exchanges of capital assets should  
not exceed the lesser of capital gain net income limited to  
only gains and losses attributable to a trade or business, or  
capital gain net income.  
should not exceed the lesser of:  
1. Capital gain net income limited to only gains and  
losses attributable to a trade or business, or  
2. Capital gain net income.  
Purpose of Form  
Trade or business. An activity qualifies as a trade or  
business if your primary purpose for engaging in the activity  
is for income or profit and you’re involved in the activity with  
continuity and regularity. The facts and circumstances of  
each case determine if an activity is a trade or business. The  
regularity of activities and transactions and the production of  
income are important elements. You don’t need to actually  
make a profit to be in a trade or business as long as you have  
a profit motive. However, you do need to make ongoing  
efforts to further the interests of your business.  
The Tax Cuts and Jobs Act limited the amount of losses from  
the trades or businesses of noncorporate taxpayers that the  
taxpayers can claim each year. Taxpayers can’t deduct an  
excess business loss (see Definitions, later) in the current  
year. However, the excess business loss is treated as a net  
operating loss (NOL) carryover for subsequent years. See  
Estates, and Trusts, for more information on NOL carryovers.  
Use Form 461 to figure the excess business loss. See Who  
Must File and the instructions for Line 16, later, to find where  
to report the excess business loss on your return.  
Note. If you own an interest in a partnership or S  
corporation, the trade or business determination is made at  
that entity's level.  
Who Must File  
File Form 461 if you’re a noncorporate taxpayer and your net  
losses from all of your trades or businesses are more than  
$289,000 ($578,000 for taxpayers filing a joint return). A trust  
subject to tax under section 511 should complete Form 461 if  
it has a loss attributable to its trade or business of more than  
$289,000. See Definitions, later. Attach Form 461 to the  
applicable tax return you file.  
Ordering Rules  
First, apply the at-risk rules; next, apply the passive activity  
loss rules; and then apply the excess business loss rules.  
Farming losses. Taxpayers with losses from a farming  
business must apply the excess business loss limitation  
before carrying any NOLs back 2 years. See the Instructions  
Farming and nonfarming losses. If you incur both farming  
and nonfarming business losses that are more than the  
threshold amount (see Definitions, earlier), you must allocate  
Form 1040, U.S. Individual Income Tax Return.  
Form 1040-SR, U.S. Tax Return for Seniors.  
Form 1040-NR, U.S. Nonresident Alien Income Tax  
Return.  
Form 1041, U.S. Income Tax Return for Estates and Trusts.  
Form 1041-QFT, U.S. Income Tax Return for Qualified  
Funeral Trusts.  
Jan 19, 2024  
Cat. No. 71453Z  
     
the threshold amount first to the farming losses to the extent  
you have an NOL.  
Line 5  
Enter any supplemental income or loss reported on a  
Schedule E, such as income from rental real estate, royalties,  
partnerships, S corporations, estates, trusts, REMICs, etc.  
This is reported on Schedule 1 (Form 1040), line 5; Form  
1041, line 5; Form 1041-QFT, Part II, line 4; or Form 1041-N,  
Part II, line 4.  
Transition Rules  
If you had losses or deductions that were limited under other  
provisions of the Internal Revenue Code in prior tax years,  
those losses or deductions are included in figuring the  
amount, if any, of your excess business loss in the current  
year.  
Line 6  
Enter any farm income or loss reported on Schedule 1 (Form  
1040), line 6; Form 1041, line 6; Form 1041-QFT, Part II,  
line 4; or Form 1041-N, Part II, line 4.  
Additional Information  
See the following publications for more information about the  
items in these instructions.  
Pub. 225, Farmer’s Tax Guide.  
Line 7  
Leave line 7 blank.  
Pub. 536, Net Operating Losses (NOLs) for Individuals,  
Estates, and Trusts.  
Pub. 925, Passive Activity and At-Risk Rules.  
Line 8  
Enter any other trade or business income, gain, or loss not  
reported on lines 1 through 7 that you reported on your tax  
return.  
Specific Instructions  
Joint returns. Complete one Form 461 containing all the  
information for both spouses.  
Line 9  
Amended returns. Attach Form 461 to any applicable  
Combine all the entries from lines 1 through 8 on line 9. The  
resulting figure can be a positive or negative number.  
amended returns.  
Part I—Total Income/Loss Items  
Part II—Adjustment for Amounts not  
Attributable to Trade or Business  
Use Part I to report all the income and losses reflected on  
your applicable tax return. If you’re filing a return other than  
Form 1040 or 1040-SR, see the instructions below for the  
specific line that’s an equivalent to the line on Form 1040 or  
1040-SR. If the line instructions don’t reference a form listed  
under Who Must File, earlier, then it’s not applicable.  
Use Part II to report the income, gain, or loss from your tax  
return that’s not from a trade or business. The information will  
then be used to figure the excess business loss. See  
Definitions, earlier.  
Line 10  
Line 1  
Enter the combined amount of income or gain you reported  
on lines 1 through 8 above that’s not from a trade or  
Leave line 1 blank.  
business. See Definitions, earlier. If you filed a tax return  
other than a Form 1040, see the specific line references for  
the tax return in the specific line instructions in Part l, earlier.  
Line 2  
Enter any business income or loss reported on Schedule 1  
(Form 1040), line 3, or Form 1041, line 3.  
Line 11  
Line 3  
Enter the combined amount of losses or deductions you  
reported on lines 1 through 8 above that’s not from a trade or  
business. See the definition of a trade or business, earlier. If  
you filed a tax return other than a Form 1040, see the specific  
line references for the tax return in the specific line  
instructions in Part l, earlier.  
Enter any capital gains or losses reported on Form 1040 or  
1040-SR, line 7; Form 1040-NR, line 7; Form 1041, line 4;  
Form 1041-QFT, Part II, line 3; or Form 1041-N, Part II, line 3.  
Losses from sales or exchanges of capital assets are not  
included in the calculation of the total deductions from your  
trades or businesses. So any such amounts included here in  
line 3 should be added back on line 11 to remove them from  
the computation.  
Although losses and deductions are usually entered  
as negative figures on other forms or worksheets,  
!
CAUTION  
enter them as a positive figure on this line.  
Gains from the sales or exchanges of capital assets  
should not exceed the lesser of capital gain net income  
limited to only gains and losses attributable to a trade or  
business, or capital gain net income. So any capital gains not  
attributable to your trade or business that are included here in  
line 3 should be added back on line 10 to remove them from  
the computation.  
Losses from sales or exchanges of capital assets are not  
included in the calculation of trade or business deduction.  
Such amounts included on line 3 should be added back here  
to remove it from the computation.  
Line 12  
Subtract line 11 from line 10. The resulting figure is your gain  
or loss that’s not from a trade or business. Use this amount in  
Part III to figure your excess business loss. See Definitions,  
earlier.  
Line 4  
Enter any other gains or losses reported on Schedule 1  
(Form 1040), line 4; Form 1041, line 7; Form 1041-QFT, Part  
II, line 4; or Form 1041-N, Part II, line 4.  
Part III—Limitation on Losses  
Use Part III to apply the threshold limitation and figure the  
excess business loss. See Definitions, earlier.  
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Instructions for Form 461 (2023)  
   
don’t provide this information, or you provide incomplete or  
false information, you may be subject to penalties.  
Line 14  
Add lines 9 and 13. The resulting figure can be a positive or  
negative number.  
You’re not required to provide the information requested  
on a form that’s subject to the Paperwork Reduction Act  
unless the form displays a valid OMB control number. Books  
or records relating to a form or its instructions must be  
retained as long as their contents may become material in the  
administration of any Internal Revenue law. Generally, tax  
returns and return information are confidential, as required by  
section 6103. However, we may give this information to the  
Department of Justice for civil and criminal litigation, and to  
cities, states, the District of Columbia, and U.S.  
Line 16  
If the resulting figure on this line is a negative amount, then  
it’s your excess business loss. See Definitions, earlier.  
Although it’s a loss, you will report the excess business loss  
adjustment as a positive number on the “Other income” line  
on your tax return and enter “ELA” on the dotted line. For  
Schedule 1 (Form 1040), enter any excess business loss  
adjustment on line 8p. The “Other Income” lines are located  
on the following lines based on the type of tax return.  
commonwealths and territories to carry out their tax laws. We  
may also disclose this information to other countries under a  
tax treaty, to federal and state agencies to enforce federal  
nontax criminal laws, or to federal law enforcement and  
intelligence agencies to combat terrorism.  
Form 1041, line 8.  
Form 1041-QFT, Part II, line 4.  
Form 1041-N, Part II, line 4.  
Schedule A (Form 990-T), Part I, line 12 (applicable to  
trusts only).  
The time needed to complete and file this form will vary  
depending on individual circumstances. The estimated  
burden for individual and business taxpayers filing this form is  
approved under OMB control numbers 1545-0074 and  
1545-0123 and is included in the estimates shown in the  
instructions for their individual and business income tax  
return. The estimated burden for all other taxpayers who file  
this form is shown below.  
You’ll need to keep a record of your excess business  
loss from each tax year because it’s treated as an  
NOL carryover for subsequent taxable years. See  
RECORDS  
Estates, and Trusts for more information on NOL carryovers  
and reporting NOLs on future tax year returns.  
Privacy Act and Paperwork Reduction Act Notice. We  
ask for the information on this form to carry out the Internal  
Revenue laws of the United States. We need this information  
to ensure that you’re complying with these laws and to allow  
us to figure and collect the right amount of tax. Our legal right  
to ask for the information requested on this form is sections  
6001, 6011, 6012(a), and 6109 and their regulations. If you  
Preparing the form. . . . . . . . 23 min.  
If you have suggestions for making this form simpler, we  
would be happy to hear from you. See the instructions for  
your income tax return.  
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Instructions for Form 461 (2023)