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BobKamman
Level 15
March 12, 2022

Tenant in Common, Rental Property, QBI Section 199A

  • March 12, 2022
  • 1 reply
  • 8 views

We had a question recently that of course the Intuit “Search” function could not find if the CEO’s life depended on it. It involved a rental property owned as “Tenants in Common” which apparently was filing a partnership return. This was perfectly appropriate although it wasn’t clear until about the third or fourth reply.  The interest and taxes were already reflected on the Schedule K-1.

It just occurred to me today that to qualify for the Section 199A QBI deduction, a rental property with multiple owners must file as a partnership. So that’s probably being done more often than before the law familiarly known as TCJA.

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    1 reply

    sjrcpa
    Level 15
    March 12, 2022

    "to qualify for the Section 199A QBI deduction, a rental property with multiple owners must file as a partnership"

    Where'd that come from?

    AFAIK a rental needs to be a trade or business to qualify for the QBI deduction.

    The more I know the more I don’t know.
    BobKamman
    BobKammanAuthor
    Level 15
    March 12, 2022

    And the safe-harbor rules say, in effect, that "if you're really a trade or business, you'll be filing as a separate entity."

    sjrcpa
    Level 15
    March 12, 2022

    Who uses the safe harbor? I don't.

    The more I know the more I don’t know.