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Loophole

§1244 Small Business Stock — Ordinary Loss up to $100K MFJ

Losses on qualifying small business C-corp stock deduct as ORDINARY (not capital) — up to $50K single / $100K MFJ per year.

Overview

IRC §1244 lets an ORIGINAL shareholder of a domestic C-corp (small business — gross capital <$1M when stock issued) deduct losses on that stock as ORDINARY (not capital), up to $50K single / $100K MFJ per year. Excess is capital loss. Ordinary losses offset W-2 wages, spouse's income — vastly more valuable than the $3K/yr capital loss cap. Applies only to individuals/partnerships that were the original issuee. No election required — just document eligibility at issuance. Pairs with §1202 QSBS on the upside (same stock, symmetric treatment).

Best fit
Angel investors in C-corp startupsFounders funding early companiesAnyone taking early-stage equity risk
Estimated impact
Convert $3K/yr capital loss cap into $100K/yr ordinary deduction

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