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HRS §235-125

S corporation loss limits

This section limits how S corporation shareholders can use losses and deductions. It says losses can't exceed your investment basis, and any disallowed loss moves to a later tax period. After the corporation stops being an S corporation, special rules apply to using those losses.

businesses

The statute, as written — Carryforwards and carrybacks; loss limitation

(a) Carryforwards and carrybacks to and from taxable periods of an S corporation shall be restricted in the manner provided in section 1371(b) of the Internal Revenue Code. (b) The aggregate amount of losses or deductions of an S corporation taken into account by a shareholder pursuant to section 235-122(c) shall not exceed the combined adjusted bases, determined in accordance with section 235-124, of the shareholder in the stock and indebtedness of the S corporation. (c) Any loss or deduction which is disallowed for a taxable period pursuant to subsection (b) shall be treated as incurred by the corporation in the succeeding taxable period with respect to the shareholder. (d)(1) Any loss or deduction which is disallowed pursuant to subsection (b) for the corporation's last taxable period as an S corporation shall be treated as incurred by a shareholder on the last day of any post-termination transition period. (2) The aggregate amount of losses and deductions taken into account by a shareholder pursuant to paragraph (1) shall not exceed the adjusted basis of the shareholder in the stock of the corporation (determined in accordance with section 235-124 at the close of the last day of any post-termination transition period and without regard to this subsection).
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§235-122 How S corporations and their owners are taxed in Hawaii

§235-124 How to figure your starting tax basis in an S corporation

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.