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April 2, 2020
Question

Rental property qualify for QBI if Im on the HOA board?

  • April 2, 2020
  • 1 reply
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I have income from employment and income from a rental property in a condo community. I am a member of the HOA board and attend meetings once a month to make decisions regarding the property and financial related matters. Does being on the board of the HOA qualify my rental income for the QBI deduction?

1 reply

VictoriaD75
April 2, 2020

Rental properties are usually treated as passive activities, and passive activities are excluded from the definition of a qualified trade or business. However, rentals that qualify as trades or businesses under IRC § 162 are not considered passive, which means they could potentially qualify for the QBI deduction.

 

You can qualify for the QBI deduction, as long as your rental activities constitute a trade or business.

Generally, this means each rental real estate enterprise (a rental property or group of similar rental properties, including K-1 rental income) must satisfy these requirements:

  1. Each enterprise maintains its own books and records to track income and expenses;
  2. At least 250 hours of rental services are performed per year per enterprise; and
  3. (Starting with tax year 2019) Contemporaneous records of services performed are kept which includes who performed the service, description of service, the date of the service, and how long it took (who, what, when, and how long).

QBI Deduction on Rental Income

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