jenhorton
Level 3
02-24-2023
12:54 PM
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I found the answer - Notary Services are not eligible for QBI.
Refer to this section of the law: Treasury Regulations/Subchapter A/Part 1/Section 1.1402(c)-2:
"... the performance of the functions of a public office does not constitute a trade or business."
Section 2 offers an exception; however, the two last sentences in Section 1.1402(c)-2-(a)(2)(ii)(B)(b) describing the exception state the answer clearly:
"(However, the service of a notary public could not be made the subject of a section 218 agreement under the Social Security Act because notaries are not "employees" within the meaning of that section. Accordingly, such service does not constitute a trade or business.)"
Notary Publics are not eligible for the QBI deduction. IMHO