KrisD15
Expert Alumni

Deductions & credits

A Taxpayer cannot pick and choose when to "accept" the Qualified Business Income Deduction, HOWEVER they can elect the safe harbor to treat rental real estate as a business one year, and then not the next year depending on whether the taxpayer meets the requirements. 

If fact, the election to treat the rental as a business needs to be made each year. 

 

So in your situation, Yes, you could have used the safe harbor last year and received the QBI and not use it this year. 

 

IRS Source

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