excess business loss
(3) Excess business loss For purposes of this subsection— (A) In general The term “excess business loss” means the excess (if any) of— (i) the aggregate deductions of the taxpayer for the taxable year which are attributable to trades or businesses of such taxpayer (determined without regard to whether or not such deductions are disallowed for such taxable year under paragraph (1) and without regard to any deduction allowable under section 172 or 199A ), over (ii) the sum of— (I) the aggregate gross income or gain of such taxpayer for the taxable year which is attributable to such trades or businesses, plus (II) $250,000 (200 percent of such amount in the case of a joint return). Such excess shall be determined without regard to any deductions, gross income, or gains attributable to any trade or business of performing services as an employee. (B) Treatment of capital gains and losses (i) Losses Deductions for losses from sales or exchanges of capital assets shall not be taken into account under subparagraph (A)(i). (ii) Gains The amount of gains from sales or exchanges of capital assets taken into account under subparagraph (A)(ii) shall not exceed the lesser of— (I) the capital gain net income determined by taking into account only gains and losses attributable to a trade or business, or (II) the capital gain net income. (C) Adjustment for inflation In the case of any taxable year beginning after December 31, 2018 , the $250,000 amount in subparagraph (A)(ii)(II) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “2017” for “2016” in subparagraph (A)(ii) thereof. If any amount as increased under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000.