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Level 4
September 21, 2023
Question

Schedule E "Qualified Trade or Business"

  • September 21, 2023
  • 2 replies
  • 15 views

First time doing client with 2 rental properties. There's a Qualified Business Income Deduction Smart Worksheet and has question A1 that asks "Is this activity a qualified trade or business Yes or No". 
Can someone educate me on this please?

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2 replies

ljr
Level 9
September 21, 2023

The question to determine if it a qualified trade or business is the same for 2 rental properties as it is for 1 rental property. More than likely the answer is no if they just own and rent out a property or two. Is it in their own names or did they create an LLC or S corp to hold the properties. How much time do they spend "managing" the properties? You have to see if it rises to the level of a "business". Active or Material participation. Do they spend more than 750 hours per year in which they materially participate? if no, then then it would be a no. Most rental properties generate a loss so the QBI would not help their tax return. 

Intuit Community Champion
September 21, 2023

You need to talk with your clients to see how involved they are with the rentals. There is a safe harbor for rentals that qualifies them for the QBI. See link for more info.

https://www.irs.gov/newsroom/irs-finalizes-safe-harbor-to-allow-rental-real-estate-to-qualify-as-a-business-for-qualified-business-income-deduction.

Also see this from Intuit.

https://proconnect.intuit.com/support/en-us/help-article/federal-taxes/understanding-qbi-rental-real-estate-safe-harbor/L7MuvBDG0_US_en_US?uid=lmt735id.