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Ordinary Loss: Definition, Tax Implications, and Strategic Considerations

Last updated 03/20/2024 by

Alessandra Nicole

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Summary:
An ordinary loss, a result of expenses surpassing revenues in regular business operations, carries significant implications for taxpayers. This in-depth exploration delves into the intricacies of ordinary losses, differentiating them from capital losses and shedding light on their tax implications. Discover the nuances of deductibility, the preference for ordinary losses among taxpayers, and the strategic considerations in optimizing tax positions within the finance industry.

Understanding ordinary loss in finance

In the realm of finance, an ordinary loss emerges when a taxpayer’s regular business operations incur expenses that exceed revenues. Unlike capital losses, ordinary losses offer distinct advantages, primarily in their full deductibility to offset income and reduce overall tax liability.

Key concepts in ordinary loss

Ordinary losses can be triggered by various causes, including casualties and theft. When these losses surpass a taxpayer’s gross income, they become deductible. It’s crucial to recognize the difference between ordinary and capital losses, as tax rates associated with them are tied to the taxpayer’s marginal tax rate. Net long-term capital rates, in particular, stand significantly lower than ordinary rates.
The tax landscape in 2022 further complicates matters, with graduated rates over seven tax brackets for ordinary losses and varying rates for net long-term capital losses. Taxpayers in the highest bracket also face a 3.8% Net Investment Income Tax (NIIT).

Ordinary loss vs. capital loss: strategic considerations

For professionals in finance, distinguishing between ordinary and capital losses is crucial. An ordinary loss serves as a broad category encompassing any loss not classified as a capital loss. In contrast, capital losses arise when selling capital assets at a loss.
Consider this scenario: you spend $110 writing a musical score and sell it for $100, resulting in a $10 ordinary loss. Other causes of ordinary losses include casualties, thefts, and sales of Section 1231 property.
Ordinary losses also extend to property created or available due to a taxpayer’s personal efforts in the course of conducting a trade or business. This includes inventory, supplies, accounts receivables, real estate used as rental property, and intellectual property such as musical, literary, software coding, or artistic compositions.

Tax implications and preferences in finance

Finance professionals often lean towards ordinary losses for their deductible benefits. Ordinary losses provide greater tax savings compared to long-term capital losses. The full deductibility of ordinary losses in the year incurred stands in contrast to the limitations imposed on capital losses.
Imagine earning $100,000 in a tax year with $80,000 in expenses, coupled with gains and losses in stocks and bonds. The net gains and losses calculation becomes instrumental in determining overall gains or losses, whether ordinary or capital.

Net gains and losses scenario

Let’s break down the scenario:
  • Net short-term capital gains and losses: $1,000 net short-term capital gain.
  • Net long-term capital gains and losses: $11,000 net long-term capital loss.
  • Netting overall gains and losses: $10,000 net long-term capital loss.
  • Net ordinary income and loss: $20,000 ordinary gain.
  • Netting overall ordinary and capital gains and losses: $17,000 ordinary gain.
  • Remaining $7,000 net capital loss carried forward to the next three years.
WEIGH THE RISKS AND BENEFITS
Here is a list of the benefits and drawbacks to consider.
Pros
  • Ordinary losses are fully deductible from taxable income.
  • No limits on the deduction amount for ordinary losses.
  • Taxpayers prefer ordinary losses for greater tax savings.
Cons
  • Capital losses have limitations on offsetting gains and a cap for offsetting ordinary income.
  • Remaining capital losses must be carried over to subsequent years.

Frequently asked questions

How much ordinary loss can you claim on taxes?

An ordinary loss is fully deductible from taxable income, and there are no limits on the deduction amount.

Can you carry over ordinary losses?

Ordinary losses are fully deductible in the year they were incurred and cannot be carried forward to subsequent years. Capital losses exceeding the maximum deductible amount can be carried forward into future years.

What is the difference between an ordinary loss and a capital loss?

A capital loss occurs when a capital asset is sold for less than its cost. An ordinary loss arises when business expenses exceed business income, when non-capital assets are sold, or for certain non-capital transactions.

Key takeaways

  • An ordinary loss is fully deductible from taxable income with no limits.
  • Ordinary losses provide greater tax savings compared to long-term capital losses.
  • Capital losses have limitations on offsetting gains and a cap for offsetting ordinary income.

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