Rental Real Estate Safe Harbor Compliance for Section 199A
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Gain an understanding on limitations for rental real estate businesses and how practitioners can assist their clients in structuring their operations to fit within the safe harbor.In 2017, Congress passed a sweeping tax reform package, which included a major provision for owners of small businesses. This provision, located in Section 199A of the code, provides for a 20% deduction for owners of many small flow-through tax entities, such as S Corporations and partnerships. However, the provision contains certain limitations, and in particular restricts the deduction for businesses engaged in passive activities, which includes rental real estate businesses. This topic will address this limitation for rental real estate businesses, and will focus specifically on how practitioners can assist their clients in structuring their operations to fit within the safe harbor provisions issued by the IRS in Revenue Procedure 2019-38 to ensure that the business owners will qualify for the Section 199A deduction.
AuthorsRobb A. Longman, Esq., Longman & Van Grack, LLC J. Robert Turnipseed, Esq., Armbrecht Jackson LLP
Brief Overview of Benefits of Section 199A
• What Is the Qualified Business Deduction?
• What Are the Benefits of Receiving a Qualified Business Deduction?
• What Are the Limitations to Receiving the 199A Deduction?
Rental Real Estate
• Types of Rental Real Estate (Residential, Commercial and Mixed Use)
• Services Provided in the Rental Real Estate Business
• The Trade or Business Problem With Rental Real Estate
• Safe Harbor Rules
- What Are the Factors?
- What Rental Services Qualify?
- What Activities Will Not Qualify?
- What Is Excluded From the Safe Harbor?
Qualifying Rental Real Estate for 199A Without the Safe Harbor Rules
• Qualifying as a Trade or Business Outside of the Safe Harbor
• The Effect of Aggregation on Qualifying for the 199A Deduction