How rental real estate businesses can sail into a tax deduction safe harbor
Abstract: Revenue Procedure 2019-38, issued by the IRS in 2019, creates a safe harbor permitting certain interests in rental real estate to qualify for the Section 199A qualified business income (QBI) deduction. This article explains what criteria taxpayers must meet to treat their rental real estate enterprises as businesses. It also notes that even an interest in a real estate property that fails to meet the safe harbor requirements may still be treated as a trade or business for the Sec. 199A deduction if it is rented or licensed to a trade or business conducted by the individual or relevant pass-through entity.