Do I qualify for the QBI deduction? I was laid off by my former employer and returned a few months later as an independent contractor. (all other QBI requirements met)

[TTUser82]

Since I was laid off and didn't leave voluntarily, does that mean I am exempt from this following condition of what it means to work for a "former employer" (this is from the TurboTax guidance):

"You made this switch from employee to contractor within the last three years and you do not have evidence (like a contract or partnership agreement) from the company that you’re not longer an employee there."

Since I DO have evidence that I am no longer a regular employee at my company, does that mean that my employer doesn't count as a "former employer" for the purposes of QBI deduction eligibility?

[Vanessa]

Do you have a contract as an independent contractor?

[TTUser82]

Yes. It is separate from my original employee agreement from when I was an employee

[Vanessa]

With a contract, you would technically qualify for the three-year lookback loophole.   If you can prove you are "performing services in a capacity other than as an employee"  then you would be eligible for the Qualified Business Income Deduction (see below).

This is a new law this year, so there is a lot of missing pieces.  If you do take the deduction, you do need to be prepared to defend and prove that you were not improperly characterized as an employee in case of an audit. Not saying you will be audited, simply saying if you take the QBI, make sure you have all of your ducks in a row. 

"Specifically, proposed §1.199A-5(d)(3) provides that, solely for purposes of section 199A(d)(1)(B) and the regulations thereunder, an individual who was treated as an employee for Federal employment tax purposes by the person to whom he or she provided services, and who is subsequently treated as other than an employee by such person with regard to the provision of substantially the same services directly or indirectly to the person (or a related person), is presumed to be in the trade or business of performing services as an employee with regard to such services. This presumption may be rebutted only upon a showing by the individual that, under Federal tax rules, regulations, and principles (including common-law employee classification rules), the individual is performing services in a capacity other than as an employee. This presumption applies regardless of whether the individual provides services directly or indirectly through an entity or entities. This presumption is solely for purposes of section 199A and does not otherwise change the employment tax classification of the individual. Section 199A is in subtitle A of the Code, and this rule does not apply for purposes of any other subtitle, including subtitle C. Accordingly, this rule does not - 74 - implicate section 530(b) of the Revenue Act of 1978" https://www.irs.gov/pub/irs-drop/reg-107892-18.pdf