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QBI REAL ESTATE SIGNATURES

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Level 4

Why is the safe harbor real estate election for both husband and wife when all the properties belong to the husband. Also when aggregating properties I assume there is no easier way for the election we have individuals that have 50-75 properties I had to go in and mark each property with a 1 to get them to flow on one election state. well i should say it took a couple of pages to list all the properties.


thx

Michele

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Level 15

Signature by both taxpayer and spouse: I suppose you could have just the taxpayer sign in the absence of clear guidance but there's joint and several liability on a MFJ return anyway.

Safe Harbor: With 50-75 properties, it sounds like there's a possibility these could rise to the level a §162 ToB.  Have you review the facts and circumstances to determine whether safe harbor is necessary?

Aggregation: If the taxpayer opts to apply §3.02 of Notice 2019-07, IMHO, election to aggregate under §1.199A-4 would not be necessary or appropriate as §3.02 would treat all similar properties as one single rental enterprise and one trade or business.  See a recent discussion on this topic here: https://accountants-community.intuit.com/questions/1836204-cannot-see-if-this-was-answered-yet-if-ag...

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Highlighted
Level 15

Signature by both taxpayer and spouse: I suppose you could have just the taxpayer sign in the absence of clear guidance but there's joint and several liability on a MFJ return anyway.

Safe Harbor: With 50-75 properties, it sounds like there's a possibility these could rise to the level a §162 ToB.  Have you review the facts and circumstances to determine whether safe harbor is necessary?

Aggregation: If the taxpayer opts to apply §3.02 of Notice 2019-07, IMHO, election to aggregate under §1.199A-4 would not be necessary or appropriate as §3.02 would treat all similar properties as one single rental enterprise and one trade or business.  See a recent discussion on this topic here: https://accountants-community.intuit.com/questions/1836204-cannot-see-if-this-was-answered-yet-if-ag...

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