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Level 2
January 30, 2020

oil and gas royalties and QBI

  • January 30, 2020
  • 1 reply
  • 9 views

trying to determine is oil and gas royalties (within a partnership entity) are eligible for the QBI?

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    1 reply

    itonewbie
    Level 15
    January 30, 2020

    Royalties are inherently passive.  Working interest is a different story.

    ---------------------------------------------------------------------------------Still an AllStar
    2016yearAuthor
    Level 2
    January 30, 2020

    That’s what I was thinking, but in doing some research, I found an article by KPMG that said they are not eligible, and then another article by Deloitte that said they were. IRS doesn’t seem to want to say, as I did further research, so I was thinking maybe there is some current rulings or cases that help one to further determine whether royalties are eligible for QBI

    itonewbie
    Level 15
    January 30, 2020

    @2016year wrote:

    That’s what I was thinking, but in doing some research, I found an article by KPMG that said they are not eligible, and then another article by Deloitte that said they were. IRS doesn’t seem to want to say, as I did further research, so I was thinking maybe there is some current rulings or cases that help one to further determine whether royalties are eligible for QBI


    That's why you need to distinguish royalties vs working interest.  Those articles you cited go into great lengths to explain the technicalities.  You may like to re-read them in details.

    ---------------------------------------------------------------------------------Still an AllStar