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A pass-through entity allocating excess taxable income or excess business interest income to its owners must file Form 8990, regardless of whether it has any interest expense.
Taxpayers who qualify for the exemption under section 163(j)(3) (small business exemption) are not subject to the section 163(j) limitation. A taxpayer qualifies under the small business exemption if the taxpayer is not a tax shelter (as defined in section 448(d)(3)), and meets the section 448(c) gross receipts test.
In the law known as the Tax Cuts and Jobs Act (TCJA),1 enacted in 2017, Sec. 163(j) was docHubly amended by placing limits on the deductibility of business interest for all taxpayers except certain exempt trades or businesses.
The section 163(j) limitation is applied at the partnership level. As provided in Q/A 1, the amount of deductible business interest expense in a taxable year cannot exceed the sum of the partnerships business interest income, 30% of the partnerships ATI, and the partnerships floor plan financing interest expense.
Small Business Exemption A taxpayer meets the small business test for the tax year if its average annual gross receipts for the three prior tax years does not exceed a threshold amount ($29 million for 2023, $27 million for 2022, $26 million for 2020, 2021, and 2019).
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A taxpayer (including, for example, an individual, corporation, partnership, S corporation) with business interest expense; a disallowed business interest expense carryforward; or current year or prior year excess business interest expense generally must file Form 8990, unless an exclusion from filing applies.
Computation of section 163(j) limitation. If section 163(j) applies to you, the business interest expense deduction allowed for the tax year is limited to the sum of: Business interest income, Applicable percentage of the adjusted taxable income (ATI), and. Floor plan financing interest expense.
The deduction for business interest is limited under Sec. 163(j) to the sum of (1) business interest income; (2) 30% of adjusted taxable income (which after 2021, does not include depreciation or amortization); and (3) floor plan financing interest.
Generally, section 163(j) applies to a CFC in the same manner as those rules apply to a domestic C corporation. If a CFC is a partner in a partnership, the section 163(j) limitation applies to the partnership in the same manner as if the CFC were a domestic C corporation.
Use Form 8990 to calculate the amount of business interest expense you can deduct and the amount to carry forward to the next year.

form 8990 instructions 2020