Can I Deduct Business Losses in Pennsylvania? 8 Classes of Income Explained
Автор: The Finance Observer
Загружено: 2026-02-06
Просмотров: 2
Описание:
You have a full-time W-2 job and a side hustle. Your business has a rough year and you lose $30,000. On your federal return, that loss offsets your wages, lowering your tax bill. But in Pennsylvania, that loss effectively does not exist. The state taxes you on your full W-2 salary as if the business loss never happened. This is the "Schedule C Trap."
Unlike the federal "Global" system where all income goes into one pot, Pennsylvania uses a "Schedular" system defined by 72 P.S. § 7303. This law separates income into eight hermetically sealed classes. Under 61 PA Code § 121.13, you are strictly forbidden from using a loss in one class (Net Profits) to offset a gain in another (Compensation). This creates "Phantom Income," where you pay tax on money you economically do not have.
As The Finance Observer, I have performed a forensic review of Marshall v. Commonwealth and the Uniformity Clause to explain why this system exists and how to survive it. In this video, we dissect the "No Netting Rule," why PA individual filers get zero Net Operating Loss (NOL) carryforwards, and the risky "Affidavit Strategy" using Form REV-775.
FORENSIC BREAKDOWN:
0:00 The Trap: Why Pennsylvania ignores your business losses
00:44 The Philosophy: Federal "Global" System vs. PA "Schedular" System
01:23 The Architecture: The 8 Classes of Income (72 P.S. § 7303)
02:17 The Conflict: Class 1 (Gross Wages) vs. Class 2 (Net Profits)
02:54 The Smoking Gun: 61 PA Code § 121.13 (The "No Netting" Rule)
03:48 The Precedent: Marshall v. Commonwealth (The 2012 ruling that sealed the cracks)
04:36 The Math: Why a $30k loss saves you federal tax but $0 PA tax
04:57 The Double Whammy: Why PA individuals get No NOL Carryforwards
05:17 The Calculation: How "Phantom Income" disqualifies you from Tax Forgiveness (Schedule SP)
06:18 The Solutions: REV-457 (Deferred Comp) and Unreimbursed Employee Expenses
07:08 The Risk: REV-775 (The Affidavit that acts as an Audit Red Flag)
08:09 The Source: Why the Uniformity Clause makes this legal
DISCLAIMER: I am The Finance Observer. This content is for educational purposes only. Pennsylvania law strictly prohibits offsetting losses in one class of income against gains in another class (61 PA Code § 121.13). Compensation and Net Profits from a business are separate classes. Always consult a qualified CPA or Tax Professional familiar with PA Commonwealth tax law.
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