JeffreyR77
Expert Alumni

Investors & landlords

This is correct.  IRS rules for electing and qualifying for the safe harbor include the following requirements: 

  • Separate books and records are maintained to reflect income and expenses for each rental real estate enterprise.
  • For rental real estate enterprises that have been in existence less than four years, 250 or more hours of rental services are performed per year. For other rental real estate enterprises, 250 or more hours of rental services are performed in at least three of the past five years.
  • The taxpayer maintains contemporaneous records, including time reports, logs, or similar documents, regarding the following: hours of all services performed; description of all services performed; dates on which such services were performed; and who performed the services.
  • The taxpayer attaches a statement to the return filed for the tax year(s) the safe harbor is relied upon.

TurboTax does not have the ability to attach this statement.  If you choose to elect the Safe Harbor, you will need to print, attach your statement and mail your return.

 

Rental Real Estate Safe Harbor Qualification as a Business for Qualified Business Income Deduction

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