Welcome back! Ask questions, get answers, and join our large community of tax professionals.
cancel
Showing results for 
Search instead for 
Did you mean: 

199A QBI & Self-Rental to wholly-owned S-Corp?

nejam
Level 3

Husband & wife own a commercial building that is leased to an S-Corp wholly-owned by wife.  Under Notice 2019-38, is this considered self-rental and therefore NOT allowed as a QBI deduction to husband & wife on their MFJ return?  

This discussion has been locked. New comments cannot be posted on this discussion anymore. Start a new discussion

1 Comment 1
Terry53029
Level 14
Level 14

Seems as if they do qualify. From IRS question and answers. Here is link: https://www.irs.gov/newsroom/tax-cuts-and-jobs-act-provision-11011-section-199a-qualified-business-i...

Q17. If someone is a real estate professional, will their rental real estate qualify for the deduction?

A17. The deduction is not based on whether the taxpayer qualifies as a real estate professional under section 469. Rental real estate may constitute a trade or business for purposes of the QBI deduction if the rental real estate:

  • Rises to the level of a trade or business under section 162,
  • Satisfies the requirements for the safe harbor provided by Rev. Proc. 2019-38, or
  • Meets the self-rental exception (i.e., the rental or licensing of property to a commonly controlled trade or business conducted by an individual or RPE).
0 Cheers