Qualified Trade or Business

Jul 06, 2018 3 Replies

Hi all -



Someone has asked me about the 20% deduction for qualified business income with respect to income from rental of real estate.



My understanding is that to qualify for the deduction, it has to be for a "trade or business." But rental activity, when income is passive, does not qualify as a "trade or business."



Am I off base here? Am I missing something?



Thanks!


You are off base. Read the following for landlords:

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(d) Qualified trade or business For purposes of this section?

(1) In general The term "qualified trade or business" means any trade or business other than?

(A) a specified service trade or business, or

(B) the trade or business of performing services as an employee.

---end quote---

So without additional clarification, we still don't know what constitutes a "trade or business" in the first place. [I can't wait...this is gonna be good!]

But in any event, I disagree with your suggestion that a passive activity is automatically NOT a trade or business.

MTW

Thanks. That's exactly what I wanted to know.

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