199A - Is a Rental a Trade or Business?

The Tax Cuts and Jobs Act introduced the Qualified Business Income (QBI) deduction under IRC §199A, creating powerful tax savings for qualifying trades and businesses. But what about rental real estate? This course explores one of the most nuanced areas in modern tax law—when and how rental activities qualify as a trade or business for purposes of the §199A deduction.

Through detailed analysis of statutory language, court decisions, and IRS guidance (including Rev. Proc. 2019-38), participants will learn to assess whether rental activities rise to the level of a trade or business under IRC §162. We will break down the safe harbor rules, examine case law, and explore various scenarios including triple-net leases, single-property landlords, and self-rentals. This course offers practitioners the tools to perform due diligence, evaluate facts and circumstances, and properly document their conclusions.

1 IRS CE/1 CTEC/1 NASBA CPE*

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*Self-Study recording not available for NASBA CPE credit.