Like any “act,” there is a potential for positive and negative outcomes. Let’s take a look at exactly what is in this.
Senate Democrats curtailed a tax break for certain pass-through businesses as part of the Inflation Reduction Act passed Sunday.
A pass-through or flow-through business is one that reports its income on the tax returns of its owners. That income is taxed at their individual income tax rates. Examples of pass-throughs include sole proprietorships, some limited liability companies, partnerships and S-corporations.
Democrats’ legislation — a package of health-care, tax and historic climate-related measures — limits the ability of pass-throughs to use big paper losses to write off costs like salaries and interest, according to tax experts.
That limit — called the Limitation on Excess Business Losses — is currently already in place. It was scheduled to end starting in 2027, but the new bill would extend the restriction for an additional two years. That extension wasn’t in Senate Democrats’ initial version of the legislation, but it was added during the subsequent negotiation and amendment process.
The Inflation Reduction Act passed along party lines and now heads to the House.
Wealthy real estate owners likely impacted most
Republicans originally enacted the pass-through limitation in the 2017 tax law known as the Tax Cuts and Jobs Act.
Specifically, the law disallowed pass-through owners from using business losses exceeding $250,000 to offset non-business income. That dollar threshold is for single taxpayers; the law set a $500,000 cap for a married couple filing a joint tax return.
Those caps are higher in 2022 due to an inflation adjustment: $270,000 and $540,000, respectively.