This Act simplifies and significantly increases the immediate tax deduction limits for new businesses' start-up and organizational expenditures, while adjusting how related net operating losses are carried forward.
Jacky Rosen
Senator
NV
The Tax Relief for New Businesses Act simplifies tax treatment for new businesses by combining start-up and organizational expenditures under a single set of rules. This legislation significantly increases the immediate deduction limit for these initial costs from $\$5,000$ to $\$50,000$, with the phase-out threshold raised to $\$150,000$. It also introduces special rules for how these new deductions affect Net Operating Loss (NOL) calculations for partnerships and S corporations. These changes are effective for tax years beginning after December 31, 2025.
The aptly named Tax Relief for New Businesses Act is a big deal for anyone planning to launch a company, whether it’s a tech startup or a local bakery. Starting with expenses incurred in the 2026 tax year, this bill radically simplifies and sweetens the deal for deducting those initial costs—the legal fees, market research, and setup expenses that bleed you dry before you even open the doors.
Right now, if you’re a new business owner, the IRS lets you deduct a measly $5,000 of your start-up and organizational costs immediately, and that deduction starts to disappear once your total costs hit $50,000. This bill dramatically raises the stakes: you can now claim an immediate deduction of up to $50,000, and the phase-out doesn't even kick in until your total expenses hit $150,000. Think of this as a major cash flow injection for new businesses. If you spend $100,000 setting up your LLC and buying initial equipment, you can take that $50,000 deduction right away, rather than having to amortize (spread out) the entire amount over 15 years. This is immediate, tangible relief that helps a business survive its critical first year.
If you’ve ever tried to figure out the difference between "start-up expenditures" and "organizational expenditures" under the current rules, you know it’s a headache. This bill simplifies things by merging the rules for both types of costs under one roof (Section 195). This means you treat your legal fees for incorporating the business the same way you treat the costs of training your first employees. The bill even removes the old separate section (Section 248) that dealt with corporate organization expenses, a definite win for simplicity. For busy entrepreneurs, this is less time spent fighting with the tax code and more time spent actually running the business.
Let’s be honest: most new businesses lose money in the beginning. These losses, called Net Operating Losses (NOLs), can be carried forward to offset future profits. The bill introduces a powerful new rule for NOLs specifically created by these initial start-up and organizational deductions. While regular NOLs can generally only offset 80% of your future taxable income, the NOLs created by these new deductions get a special pass: they can offset 100% of your future income. Essentially, the tax code is saying, “We want you to take these initial deductions, and we’ll make it as easy as possible for you to use the resulting loss to zero out your future tax bill.” This is a significant benefit that helps new businesses recover faster from initial losses.
If you run a partnership or an S corporation, the bill clarifies that the decision to take this deduction must be made at the entity level—meaning the business decides, not the individual partners or shareholders. This keeps the accounting clean and consistent. There is one technical cleanup that affects partnerships: the bill explicitly clarifies that partnerships cannot deduct “syndication fees”—the costs associated with selling ownership interests to investors—under Section 709. While this is a technical detail, it means partnerships will need to ensure they properly capitalize and handle these fundraising costs, which could slightly increase the cost of raising capital for some new ventures.