HOW TO DETERMINE IF YOUR RENTAL PROPERTY QUALIFIES FOR THE QBI DEDUCTION

How to Determine if Your Rental Property Qualifies for the QBI Deduction

How to Determine if Your Rental Property Qualifies for the QBI Deduction

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The tax code can be difficult, particularly when dealing with the income of rental properties. One question many homeowners face is my rental property qualified business income deduction. The tax break, which was enacted in the Tax Cuts and Jobs Act, offers up to a 20% deduction from qualified income. But not all rental businesses qualify. Evaluating your rental activity correctly is essential for compliance and to maximize the tax benefits.

In the beginning, it's essential to understand the foundation of the QBI deduction. It's targeted primarily at those earning business income through an enterprise or trade, as defined by section 162 in the Internal Revenue Code. The IRS does not automatically define rental activity a trade or business. That means you need to assess the management of your property and the amount of involvement for eligibility.

The most important aspect is the level of regular and continuous activity involved in running the business. If you're actively involved, such as marketing the property, coordinating maintenance screening tenants, collecting rent, and maintaining books--your operations could rise to the stage of a trade or business. A passive ownership model with little activity however, often does not meet the threshold.

In the year 2019, IRS issued the safe harbor rule, which provides a clearer path for eligibility. If a tax payer meets certain conditions, their rental activity is regarded as a trade or business in QBI purposes. This means keeping separate books and records for each rental enterprise and spending a minimum of 250 hours annually in rental services, such as repairs, tenant communications, leasing management, and tenant communication. These hours can be performed by the owner or other people such as property managers.

Documentation is essential. If you're in the safety harbor keeping complete and accurate records is vital. This includes timesheets, logs of activity related to property invoicing, contracts, and invoices. Without clear documentation, it becomes harder to prove that your rental is eligible, especially in the event that you are audited.

Additionally, property grouping can influence the eligibility of a property. If you own several rental units, you may elect to classify them as a single enterprise for QBI purposes, provided that they satisfy the safe harbor requirements together. This approach can be beneficial in the event that the time spent on properties collectively exceeds the threshold.

It's also important to recognize that personal property or rented under the triple net lease generally isn't eligible. In the same way, properties used for investment with no regular use don't meet the criteria for business or trade.

In short, determining whether your rental activity qualifies for this QBI deduction requires a close examination of how the property is managed, the time invested, and how records are kept. If you manage your rentals using an approach that is hands-on, and your operations are well-documented, you may be well-positioned to benefit from this important deduction.

One question many property owners face is my rental property qualified business income deduction. For more information please visit is a rental property qualified business income.

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