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QBI rental properties not able to aggregate if i take enterprise safe harbor

I have several rental properties. When I am entering QBO section, and elect the QBI safe harbor as an 'enterprise' as shown in this screen..

safeharbor.png

 

Then later on on aggregate screen, I don't get an option to aggregate it with properties. Only option shown is that it is independent.

aggregate.png

However if I take QBI Safe harbor for individual property then I get option to aggregate the properties on aggregate screen. Is this a bug or somehow they are linked and this is correct behavior ?

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3 Replies
AliciaP1
Expert Alumni

QBI rental properties not able to aggregate if i take enterprise safe harbor

It is correct.  You can elect the safe harbor for all your properties so the QBI deduction is calculated using all the income from them as QBI.  If one or more of your properties does not qualify for the safe harbor election, you should mark that the business should be treated independently.  If you have multiple properties that qualify and even just one that does not, they will all need to be treated independently in TurboTax.

 

Per IRS guidance on the QBI safe harbor:

If all the safe harbor requirements are met, an interest in rental real estate will be treated as a single trade or business for purposes of the section 199A deduction. If an interest in real estate fails to satisfy all the requirements of the safe harbor, it may still be treated as a trade or business for purposes of the section 199A deduction if it otherwise meets the definition of a trade or business in the section 199A regulations.

This safe harbor is available for taxpayers who seek to claim the section 199A deduction with respect to a "rental real estate enterprise." Solely for purposes of this safe harbor, a rental real estate enterprise is defined as an interest in real property held to generate rental or lease income. It may consist of an interest in a single property or interests in multiple properties. The taxpayer or a relevant passthrough entity (RPE) relying on this revenue procedure must hold each interest directly or through an entity disregarded as an entity separate from its owner, such as a limited liability company with a single member.

The following requirements must be met by taxpayers or RPEs to qualify for this safe harbor:

  • 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 or RPE attaches a statement to the return filed for the tax year(s) the safe harbor is relied upon.
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QBI rental properties not able to aggregate if i take enterprise safe harbor

The required statement for the safe harbor (rev proc 2019-38 statement) looks to need a signature.  Can you confirm that I am still able to efile a return with this statement?  That turbo tax sends a copy of the statement with the efile package and if efiled does not need a physical signature?

QBI rental properties not able to aggregate if i take enterprise safe harbor

In general, your electronic signature for the e-filed return covers all included forms and documents.

However, you do have the option of printing the statement, signing, and scanning to a PDF that can be attached to your e-filed return.
You could also print, sign, and mail the statement after e-filing as a safety measure.

See HERE for further details

 

In the worst case scenario, the IRS will send you a form requesting your signature which you will sign and then mail back to them.

 

Good luck.

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