His Distillery Lost $100,000, Then Made $60,000. Social Security Counted the Profit as if the Loss Never Happened.

A craft distillery founder finally turned a profit after years of devastating losses, and his accountant confirmed the tax hit looked manageable. Then a Social Security notice arrived, and it was measuring something else entirely.

Published August 12, 2026, 7:04pm ET · 4 min read

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Rows of alcohol barrels in stock. Distillery. Cognac, whiskey, wine, brandy. Alcohol in barrels
<p>Shutterstock ID: 1324105244, Photographer: GolubSergei</p> © GolubSergei/Shutterstock.com

A Comeback Year That Doesn’t Feel Like One

Picture a 63-year-old who spent five years and most of his savings opening a small craft distillery. The build-out years were brutal: equipment, licensing, barrels aging in a rickhouse while producing nothing sellable, and a lease signed before anyone fully grasped how long bourbon actually takes to mature. By the time the first bottles moved, roughly $100,000 in business losses had piled up. To keep the lights on at home while the distillery found its footing, he started Social Security at 62.

Then the tasting room caught on. This year, the distillery posted approximately $60,000 in net profit. His accountant applied the prior losses as a net operating loss (NOL) carryforward, sharply reducing his regular taxable income. He assumed Social Security would see the same near-wash. It did not. A benefits notice arrived warning that part of his checks would be withheld because his current self-employment earnings were too high.

This confusion surfaces routinely in small-business forums, usually framed as: “My old losses offset this year’s profit, so why is Social Security treating me as if I made $60,000?” The answer is that the income-tax calculation and the Social Security earnings test keep entirely different score.

Two Ledgers, One Painful Gap

For federal income-tax purposes, an NOL from earlier years can be carried forward to offset part of a later year’s taxable income, reducing the founder’s regular income-tax bill substantially. That benefit stops short of self-employment tax, however. Under IRC Section 1402(a)(4), an NOL carryforward is expressly excluded when calculating net earnings from self-employment, a point the Tax Court confirmed in Stebbins v. Commissioner in 2015. The distillery’s $60,000 profit still carries a full self-employment tax bill regardless of what the NOL does for ordinary income taxes.

Social Security follows the same current-year accounting. When calculating earnings for someone who claimed benefits before full retirement age, the agency does not allow a prior-year NOL carryforward to reduce current net earnings from self-employment. The distillery’s $60,000 current-year profit therefore carries substantial weight under the earnings test even though the carryforward makes the income-tax side of the return look much leaner.

For this 63-year-old, full retirement age (FRA) is 67. In 2026, someone under FRA for the entire year can earn up to $24,480 before benefits are affected. Above that threshold, Social Security withholds $1 in benefits for every $2 earned over the limit. The prior $100,000 loss does not lower that $24,480 comparison. The agency is measuring this year’s business earnings, not the distillery’s lifetime performance.

Benefits withheld under the earnings test are not simply gone. At full retirement age, Social Security recalculates the monthly benefit to credit back the months when payments were withheld, raising later checks accordingly. That future adjustment is real, but it does not replace the cash flow the founder expected this year.

Where This Collides With the Rest of Retirement

Three pieces of the retirement picture now pull against one another. Claiming at 62 permanently lowered the founder’s starting benefit by approximately 30% compared with waiting until 67. The 2.8% cost-of-living adjustment (COLA) for 2026, a modest step up from 2025’s 2.5% COLA, raised that already-reduced check only modestly. Now the earnings test can withhold some or all of those checks during the distillery’s comeback year.

The bitter irony in the timing is hard to miss. The business finally produces the income he spent years waiting for, and that same success interrupts the Social Security payments that helped him survive the lean period. His CPA can be correct that the NOL softened the regular income-tax impact. Social Security can also be correct that the current profit exceeds its earnings limit. Both conclusions are right. They just answer different questions.

What to Think Through Before the Next Filing

Before the next profitable year goes into the books, three steps can keep the comeback from becoming a cash-flow surprise.

  • Calculate the Social Security number separately. Ask the accountant to estimate current net earnings from self-employment without applying the prior-year NOL carryforward, then compare that figure with the 2026 earnings-test limit of $24,480.
  • Report expected earnings before SSA discovers them later. Updating the estimate lets benefits be withheld on a planned schedule and reduces the risk of an overpayment notice demanding money back at the worst possible time.
  • Plan future income through legitimate business decisions. Billing schedules, equipment purchases, and similar choices may affect the calendar-year total, but they must reflect real business activity. At 63, simply asking Social Security to suspend benefits is not a readily available option.

The distillery’s old losses still matter for income taxes. They do not give its owner a credit against this year’s Social Security earnings test. When the comeback finally arrives, both ledgers need to be modeled before anyone starts pouring a celebratory glass.

Editor’s note: This article was updated to include the statutory basis for why NOL carryforwards cannot reduce self-employment earnings (IRC Section 1402(a)(4), affirmed in the Tax Court’s 2015 Stebbins decision) and to add context that the 2026 COLA of 2.8% represents a step up from the 2.5% adjustment applied in 2025.

Contact [email protected] for any questions or corrections.

Gerelyn Terzo

Gerelyn Terzo is the author of dividend investing handbook "Dividend Investing Strategies: How to Have Your Cake & Eat It Too." A veteran financial journalist, she covers agri-finance for outlets like Global AgInvesting and the broader stock market and personal finance for 24/7 Wall Street. She began at CNBC and later helped launch Fox Business in New York. Gerelyn currently resides in Woodland Park, Colorado and dabbles in nature photography as a hobby.

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