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It depends, the guidance from the IRS doesn't specify if Board of Directors fees qualify for QBI.
Here are the criteria to qualify for QBI:
From Summit Junto: To qualify for the QBI deduction, your business must meet certain requirements. First, it must be a trade or business under section 162 of the tax code. This includes businesses such as sole proprietorships, partnerships, S corporations, and trusts and estates.
Second, the trade or business must be engaged in a "qualified activity." This generally includes any activity that is conducted for the production of goods or services. So, if your board of directors fees are related to the production of goods or services, they may be considered qualified business income.
The third requirement is that your trade or business must have "qualified property." Qualified property generally includes tangible property used in a trade or business, such as buildings, machinery, or equipment. It also includes intangible property used in a trade or business, such as patents, copyrights, and trademarks.
So, if your board of directors fees are related to the use of tangible or intangible property used in a trade or business, they may be considered qualified business income.
The fourth and final requirement is that your trade or business must have "qualified employees." Qualified employees generally include any full-time employee who works for the trade or business for more than half of the year. So, if your board of directors fees are related to the employment of full-time employees who work for the trade or business for more than half of the year, they may be considered qualified business income.
Of course, this is just general guidance from the IRS. Board of directors fees may or may not be considered qualified business income depending on the specific facts and circumstances of your case. If you're not sure whether your board of directors fees are qualified business income, you should speak with a tax advisor.
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