To deduct business losses, you may have to prove “material participation”
- Details
- Published: Tuesday, 19 July 2016 16:50
- Written by Phillip Strickler, CPA.CITP

You can only deduct losses from an S corporation, partnership or LLC if you “materially participate” in the business. If you don’t, your losses are generally “passive” and can only be used to offset income from other passive activities. Any excess passive loss is suspended and must be carried forward to future years.
Material participation is determined based on the time you spend in a business activity. For most business owners, the issue rarely arises — you probably spend more than 40 hours working on your enterprise. However, there are situations when the IRS questions participation.
Several tests
To materially participate, you must spend time on an activity on a regular, continuous and substantial basis.