There’s good news for rental real estate owners regarding the fruitful Qualified Business Income Deduction.
The Tax Cuts and Jobs Act introduced a new deduction for individuals, estates and trusts that own interests in so-called "pass-through" business entities for 2018 through 2025. The deduction can equal up to 20% of an owner's share of qualified business income from an interest in one or more pass-through business entities. The QBI deduction is subject to limitations for higher-income owners, but it can be an important tax-saving break for many small business owners.
The eligibility rules for this deduction have been a source of confusion. Only income from a "business" counts as QBI — but the term "business" isn't defined in the statutory language that created the QBI deduction. So, there was a question about whether a rental real estate venture could be classified as a business for QBI deduction eligibility purposes.