Even if you have big losses from your business investments (like Craft Pod), the IRS doesn’t let you deduct unlimited losses in one year.
They impose three hurdles in order:
At-risk rules: you can’t deduct more than you actually have at risk in the investment.
Passive activity rules: losses from passive activities can only offset passive income.
Excess business loss cap (Section 461): even after the first two, the IRS caps total deductible business losses to about $313K (single) or $626K (married) in 2025.
What is the Section 461 cap?
This rule applies to individuals, trusts, and estates that own pass-through businesses (like partnerships). For 2025, the maximum business loss you can deduct is:
$313,000 if single
$626,000 if married filing jointly
(This cap is adjusted each year for inflation.)
How the rule works: step-by-step
Add up all your business income and losses — including your share from Craft Pod and any other businesses.
Subtract business income from business losses to get your net business loss.
Compare your net loss to the annual cap:
You can deduct up to the cap this year.
Anything over the cap carries forward as an NOL.
Interaction with at risk and passive rules
Losses must clear the gates in this order:
At risk limitation section 465
Passive activity limitation section 469
Excess business loss cap section 461
If a loss is limited by either of the first two gates it never reaches the section 461 calculation. Only the amount that survives those tests is compared with the cap.
Why this matters for Craft Pod investors
Craft Pod often generates large paper losses in the first year, thanks to aircraft depreciation.
If you contribute cash and have high basis, you might see a six-figure loss allocated to you.
But if your total business losses (after at-risk and passive activity limits) exceed the Section 461 cap, the extra is deferred to future years.
You don’t lose the excess — you just can’t use it all at once.
Example
Scenario | Single Filer with Cash Contribution |
Outside basis | $1,000,000 |
Passive and at risk allowed loss from Craft Pod | $600,000 |
Other business income | $50,000 |
Net business loss | $550,000 |
Section 461 limit for 2025 | $313,000 |
Allowed current year deduction | $313,000 |
Excess carried forward as NOL | $261,000 |
Please read our full disclosures before making an investment decision.