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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Navigating the tax code isn't easy, particularly when dealing with the income of rental properties. A common question owners of property have to answer is my rental property qualified business income deduction. The tax break, which was enacted as part of the Tax Cuts and Jobs Act, offers up to a 20% deduction for qualified income. But it is not the case for every rental business. Making sure your rental operation is properly assessed is vital for compliance and to maximize the tax benefits.

It's crucial to know the underlying principles of this QBI deduction. It's targeted primarily at those who earn business income through a trade or business, as defined by section 162 in the Internal Revenue Code. The IRS does not automatically define rental activities as a trade business. This means that you must examine how your property is managed and the degree of involvement for eligibility.

The most important aspect is the frequency and constant activity that goes into managing the property. If you're actively involved, such as marketing the property, handling maintenance screening tenants, remitting rent, and keeping books--your business could reach the level of a trade or business. The passive ownership of a property with no involvement however, often does not meet the threshold.

In 2019, the IRS released a safe harbor policy that offers a more clear path to qualification. If a taxpayer meets specific conditions, their rental activity is treated as a business or trade to qualify for QBI purposes. This includes keeping separate books and records for each rental business and spending a minimum of 250 hours annually on rental services like repairs, tenant communications, as well as lease administration. These hours may be carried out by the owner or other people, such as property managers.

Documentation is key. Whether or not you fall under the safe harbor, keeping accurate and detailed records is vital. This includes timesheets, records of activities related to property as well as invoices and contracts. Without clear and precise documentation, it becomes harder to establish that your rental is eligible, especially in the event that you are audited.

Furthermore, property grouping could affect the qualification criteria. If you own multiple rental properties, you can elect to classify them as an entity in one for QBI purposes, provided they meet the safe harbor criteria together. This approach can be beneficial when the amount of time you spend on properties together exceeds the threshold.

It's also crucial to be aware that personal property or rental under a triple net lease generally isn't eligible. Similarly, properties held as investments without regular commitment don't meet the criteria for business or trade.

In the end, determining if your rental activity qualifies to be eligible for the QBI deduction requires a careful review of how your property is run, the time invested, and the way in which records are maintained. If you manage your rentals with a hands-on approach, and you have documented your activities, you may be well-positioned to claim this valuable deduction.

One question many property owners face is my rental property qualified business income deduction. Click here ledgre.ai to get more information about qualified business income deduction for rental property.

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