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Because of Qualified Business Deduction do I now have to file 1099's for my Accessory Dwelling Unit?

I know that previously it was not required to issue 1099's for a single rental, but now in order to qualify for QBID has that changed?  Is it true that if I pay by Paypal or Credit card it is not necessary to issue 1099"s?

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4 Replies
Coleen3
Intuit Alumni

Because of Qualified Business Deduction do I now have to file 1099's for my Accessory Dwelling Unit?

You only issue 1099-Misc if you paid a person who worked in your business. QBI has nothing to do with it one way or another.

Because of Qualified Business Deduction do I now have to file 1099's for my Accessory Dwelling Unit?

Yes, but the Safe Harbor section 3.03 of 199A sort of turns a passive endeavor (real estate rental on small scale) into a business for QBI.  Therefore, does it follow that we are now required to act as a business.  I agree it should not matter, but just want to be sure.  Thanks!
Coleen3
Intuit Alumni

Because of Qualified Business Deduction do I now have to file 1099's for my Accessory Dwelling Unit?

It has always been a rule that if you pay someone, (not a business) over $600 if they provide labor for your rental, you must issue them a 1099-MIsc. So, in that regard, it is not needed for QBI deduction. If this is the case, then yes, generate the 1099-Misc. See qualifications for QBI for rental at the bottom.

Form 1099-MISC, Miscellaneous Income

File this form for each person you paid during the year:

  1. at least $10 in royalties or broker payments in lieu of dividends or tax-exempt interest;
  2. at least $600 in:
  • rents;
  • services performed by someone who is not your employee;
  • prizes and awards;
  • other income payments;
  • medical and health care payments;
  • crop insurance proceeds;
  • cash payments for fish (or other aquatic life) you purchase from anyone engaged in the trade or business of catching fish;
  • generally, the cash paid from a notional principal contract to an individual, partnership, or estate;
  • payments to an attorney; or
  • any fishing boat proceeds,

In addition, use this form to report that you made direct sales of at least $5,000 of consumer products to a buyer for resale anywhere other than a permanent retail establishment.

From <https://www.irs.gov/uac/about-form-1099misc>

If you meet these tests, you may qualify to take the Qualified Business Income (QBI) deduction under the "Conventional Rental IRS Notice 2019-07 Safe Harbor Test", below.  To claim the new QBI deduction, you need to select the button in the rental interview that says you qualify to take it.  

Conventional Rental IRS Notice 2019-07 Safe Harbor Test:

1)  On a regular basis, does the taxpayer consult with advisors, negotiate and execute leases, consult with or act as property managers or personally maintain, manage or supervise the rental activity of the above property, and does this activity continue throughout the year?

2)  Does the taxpayer, employees, agents or independent contractor of the taxpayer spend at least 250 hours annually (per property) dealing with the advisors, managers or personally with tenants, repair or maintenance companies or on-site issues?

3)  Does the taxpayer maintain contemporaneous (i.e. "at the time of occurrence") written calendar time records to prove the above regular, continuous activity?

4)  The taxpayer must include a signed statement with the return that they meet the requirements of this procedure. 

DLN
New Member

Because of Qualified Business Deduction do I now have to file 1099's for my Accessory Dwelling Unit?

I have never insisted that my 1040 clients file 1099-MISC for their rental properties.  The legislation enacted and then revoked during the Obama years supports that 1099-MISC are not necessarily required for rental properties reported under schedule E of the 1040.

The IRS answer addresses this question, as follows, and my interpretation is that there has been no change in the filing requirements. 

Do I need to file information returns, such as Form 1099-MISC, if I take a QBI deduction from income generated by my rental property?

As provided in section 6041, persons engaged in a trade or business and making payment in the course of such trade or business to another person of $600 or more in any taxable year may be required to file an information return reflecting the details of such transactions. Application of section 199A and its rules do not change any existing requirement for information reporting as provided under section 6041.

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