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Level 4
March 26, 2022

Qualified Business Income Deduction

  • March 26, 2022
  • 1 reply
  • 5 views

This is for a passive rental income. The question goes" indicate if [rental property] qualifies as a trade or business under section 199A.

It has the following options:

Check if this business is a qualified trade or business for section 199A

Check if making the safe harbor election provided in Revenue Procedure 2016-38

I checked the first one as the owner is managing the property is involved in everything related to maintenance. I previously selected the De minimis safe harbor election, so does that mean I have to also check the 2nd option?

 

 

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    1 reply

    Level 15
    March 26, 2022

    @solicito wrote:

    I checked the first one as the owner is managing the property is involved in everything related to maintenance


     

    That does not necessarily mean it qualifies as a business.

    As for your question, have you read that Revenue Procedure to see if that makes your client qualify?