Property leased under a triple net lease or used by the taxpayer (including an owner or beneficiary of a relevant passthrough entity) as a residence under Sec. The safe harbor requires that separate books and records be maintained for the rental real estate enterprise. Commercial and residential real estate cannot be combined in the same enterprise. Taxpayers either must treat each property held for the production of rents as a separate enterprise or must treat all similar properties held for the production of rents as a single enterprise. The interest must be held directly or through a disregarded entity. A rental real estate enterprise may consist of multiple properties. However, hours spent in the owner’s capacity as an investor, such as arranging financing, procuring property, reviewing financial statements or reports on operations, and traveling to and from the real estate, will not be considered hours of service for the enterprise.Ī rental real estate enterprise is defined, for purposes of the safe harbor, as an interest in real property held for the production of rents. The IRS says these hours include services performed by owners, employees, and independent contractors and time spent on maintenance, repairs, rent collection, payment of expenses, provision of services to tenants, and efforts to rent the property. For rental real estate enterprises that have been in existence for at least four years, the 250-hour requirement will be met if, in any three of the five consecutive tax years that end with the tax year, 250 or more hours of rental services are performed per year for the rental real estate enterprise. 199A if at least 250 hours of services are performed each tax year with respect to the enterprise. Under the safe harbor, a “rental real estate enterprise” is treated as a trade or business for purposes of Sec. The revenue procedure finalizes rules that the IRS proposed in January in Notice 2019-07. Taxpayers whose real estate business does not meet the safe harbor may still qualify as a trade or business if it otherwise meets that definition under the Sec. The IRS on Tuesday issued a revenue procedure that provides a safe harbor for taxpayers under which a rental real estate enterprise will be treated as a trade or business for purposes of the qualified business income (QBI) deduction of Sec.
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