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QBI of H1B visa

I am on H1B visa and own 1 rental property. Can I claim Qualified business income deduction for the rental income? Since on H1B visa, I think I am not suppose to start business right?

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1 Reply
KarenJ2
Expert Alumni

QBI of H1B visa

You will need to check with an immigration lawyer about whether you can start a business on a H1b visa.

 

IRS finalizes safe harbor to allow rental real estate to qualify as a business

 

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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