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Does Rental Real Estate Qualify for Section 199A QBI Deduction?

Jan 22, 2019 1:48:18 PM / by Ara Oghoorian posted in Taxpayers, IRS, Tax Deductions, Property, Business, Taxes, Blog

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With the passage of the Tax Cuts and Jobs Act (TCJA) of 2017, many real estate investors are wondering whether rental income qualifies for the generous, yet confusing, section 199A deduction against Qualified Business Income (QBI). The answer is it’s not 100 percent clear, but the general consensus among tax practitioners is that income from rental properties will be deemed QBI and qualify for the deduction. Of course, there are always exceptions. The new section 199A deduction is limited to QBI generated from a qualified trade or business within the United States. Real estate ownership and its associated rental income is generally considered to be a passive activity.  Therefore, the question is, if you own rental real estate, are you operating a trade or business to benefit from the deduction or are you just a passive investor?

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