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§199A QBI Deduction

Do your rentals qualify for the 20% QBI deduction?

Rev Proc 2019-38 safe harbor checklist
hrs/yr

Separate books and records?

Income/expenses for the rental enterprise must be tracked separately from personal finances.

Contemporaneous time log?

Daily/weekly log of services performed (date, hours, who, what). Reconstructed after-the-fact logs lose in audits.

Excludes triple-net leases and personal-use property?

Safe harbor excludes triple-net leases (tenant pays all opex/tax/insurance) and property used personally >14 days/yr or >10% of rented days.

Your tax situation

Filing status

$
%
$

Annual federal+state tax savings

$0/yr

You don’t currently qualify for the safe harbor. Most-fixable issues: tracking 250+ hours and starting a contemporaneous time log. With those in place, your $15,000 of positive net income would generate $960 of tax savings.

Safe harbor status

Does not qualify

Need contemporaneous log.

QBI base (positive net income)

$15,000

Net rental income (after depreciation)

Income vs phaseout threshold

Under (full deduction)

MFJ threshold: $394,000 → $494,000

QBI deduction

$0

Safe harbor not met

Annual tax savings

$0

at 32% combined marginal rate

The QBI rules in 5 sentences

1. The deduction: 20% of qualified business income, deducted from taxable income (not a credit, not a tax cut). For rentals, QBI = net rental income on Schedule E (after depreciation).

2. The safe harbor (Rev Proc 2019-38): 250+ hours of rental services per enterprise + separate books + contemporaneous log + excludes triple-net and personal-use property. Failing the safe harbor doesn’t kill the deduction (you can still meet §162 trade-or-business directly), but it’s the safe path.

3. The phaseout: above ~$394k MFJ / $197k single (2026 estimated), the deduction starts limited by W-2 wages and UBIA. Most small landlords pay no W-2 wages, so the phaseout effectively kills the deduction at high income.

4. Paper-loss rentals get zero benefit: if depreciation drives net income negative, no positive QBI = no deduction. Many high-depreciation rentals don’t benefit from §199A even though they qualify for the safe harbor.

5. Election is annual: attach a written statement to your return each year electing the safe harbor for the rental enterprise — signed under penalties of perjury. File Form 8995 (simple, below threshold) or 8995-A (with W-2/UBIA limitations). §199A was made permanent by the One Big Beautiful Bill Act (July 2025); no scheduled sunset.

See full QBI guide for grouping enterprises, the §162 trade-or-business path, and cost-seg interaction with §199A. Tax law is fact-specific — consult a CPA, especially over the phaseout threshold.