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Level 2
June 27, 2020
Question

Notary and QBI deduction

  • June 27, 2020
  • 3 replies
  • 31 views

Hello,

Has there been any concrete guidance published on whether notary income is considered a "a business" for purposes of the QBI deduction.  (As public service work is not considered "a business" subject to SE tax).  

 

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3 replies

BobKamman
Level 15
June 27, 2020

No, you can still ask three tax preparers and get four different answers.  The people who write the Regulations have bigger questions to ponder, even when California notaries can collect $15 per stamp.

rbynaker
Level 13
June 27, 2020

Unicorns might exist, but I've never seen one.  Certainly nothing that rises to the level of a trade or business.  Are you saying you have a client with a thriving notary business that pays the mortgage and puts food on the table?

BobKamman
Level 15
June 27, 2020
jenhorton
Level 4
February 24, 2023

I found the answer - Notary Services are not eligible for QBI.

Refer to this section of the law:  Treasury Regulations/Subchapter A/Part 1/Section 1.1402(c)-2:

"... the performance of the functions of a public office does not constitute a trade or business."

Section 2 offers an exception; however, the two last sentences in Section 1.1402(c)-2-(a)(2)(ii)(B)(b) describing the exception state the answer clearly:

"(However, the service of a notary public could not be made the subject of a section 218 agreement under the Social Security Act because notaries are not "employees" within the meaning of that section.  Accordingly, such service does not constitute a trade or business.)"

Notary Publics are not eligible for the QBI deduction.  IMHO