Real Estate & QBI Deduction

On Friday, January 20, 2019 the IRS issued final regulations as well as some additional guidance in regard to the QBI deduction for 2018. Much of the final regulations simply make the temporary regulations from August 8, 2018 permanent. However, there is some additional guidance for persons involved in real estate (information on real estate & QBI deduction) below.  We've also provided some checklists below that can help you determine if you qualify for the Qualified Business Income Deduction (QBID).

Rental Activities
Taxpayers can continue to apply the trade or business tests, which is the “regular, continuous, for profit” 3-part test of Code Section 162. However, in IRS Notice 2019-07 they also provided a safe harbor to qualify rental real estate activities for the QBI deduction that meet these three tests (applied separately to each property, or similarly at the taxpayer’s choice for all properties of the same type: residential or commercial):

1.      Maintain separate books and records for each rental activity;

2.      Perform at least 250 hours (or agent/employee or subcontractor)  of rental services for each year for each rental activity; and

3.      Maintain contemporaneous records, logs or similar documents showing time, description, dates and who performed the services.

We have 2 checklists below: first for real estate professionals; and second for clients claiming the safe harbor exemption for regular rentals. The safe harbor rules may be used by individuals and pass-through entities such as LLC’s. The tests apply until 2023.

Rental services that qualify include advertising; negotiating leases; verifying tenant applications; daily operation and maintenance; management; and supervision of employees and contractors.

Some rental activities are excluded from being able use the safe harbor including triple net lease activities and real estate used by the taxpayer as a residence (such as an Air BNB).

Finally, the taxpayer must include a signed statement with the return that they meet the requirements of this procedure.

Due Diligence Checklist for QBI Deduction-Real Estate Rental

Instructions: Meet either 1 of the 2 tests and taxpayer qualifies for QBID @ 10/31/18 rules

Real Estate Professional Test 1 YES NO
Does taxpayer spend at least 50% of total annual work hours in a real estate trade or business?
Does taxpayer have detailed time records to prove 50% test?
Are the records substantiated (written) and currently maintained?
Does the taxpayer spend at least 750 annual hours in the trade or business (not counting time as a W-2 employee unless >5% owner)
Does the taxpayer spend at least 500 annual hours on this specific property (may include spouse’s time)?
Does taxpayer have detailed time records to prove the 500 hour test?
Are the records substantiated (written) and currently maintained?
Summary: if all above answers are “Yes” the  taxpayer is a real estate professional and would generally be considered to meet the “regular, continuous, for-profit” rules to qualify for the QBI deduction
Conventional Rental IRS Notice 2019-07 Safe Harbor Test 2
On a regular basis does the taxpayer consult with advisors, negotiate and execute leases, consult with or act as property managers or personally maintain, manage or supervise the rental activity of the above property?
Does this activity continue throughout the year?
Does the taxpayer, employees, agents or independent contractor of the taxpayer spend at least 250 hours annually dealing with the advisors, managers or personally with tenants, repair or maintenance companies or on-site issues?
Does the taxpayer maintain contemporaneous written calendar time records to prove the above regular, continuous activity?

At Emerald Financial Partners, we are devoted to sifting through all of the rules and regulations to ensure you maximize your tax deductions.


Do You Qualify for the QBI?

Get help with your taxes today!

government shutdown tax

How Will The Government Shutdown Impact Taxes?

Free 15 Minute Quick Call

Emerald Financial Partners is offering 10 Free Quick-Call Consultations from 1/21/19 - 1/29/19 for Government Contractors & Businesses affected by the shutdown.

As of this writing, the federal government is still in a "partial shutdown", and things are starting to fray around the edges, even for those whose paychecks aren't being affected. Already, it's the longest government shutdown in history.  But, how will the government shutdown impact tax filings, refunds, and your returns?

By the time you read this, things could be back to "normal" but here's one thing that won't stop during this shutdown, however long it lasts: your taxes.

That's right, the IRS confirmed last week that they will remain operational during the shutdown, your taxes will STILL be due this year (including your estimated payments, if that applies to you), and the official start of tax filing begins on January 28th. But refunds might still be affected. We'll keep you posted.

So, here are the things you need to remember:

  1. Get your taxes prepared early.  The 2018 tax changes affect many of our individual and business clients. You may expect a refund this year, but you may be in for a surprise!  And, if you owe, you'll want to know that NOW so you can plan ahead if you have to write that check in April.
  2. The Government Shutdown likely won't dramatically impact tax return deadlines.  While the government determines how it will handle tax season during the shutdown, there likely won't be a big change in the tax deadlines, so there is absolutely no reason to wait.

Since there were a lot of changes made to the tax laws as part of the 2018 tax reform, you'll want to be sure to work with a professional tax advisor, like Emerald Financial Partners.

We provide individual tax preparation to help you get every deduction you’re entitled to and help you avoid audits and costly mistakes that can arise from DIY online software.

And, if you ever do need help with the IRS, we provide the support you need.  Can your online software do that?

Contact Emerald Financial Partners today to get started!


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How the New Tax Law Changes Affect Individuals

Everyone seems to think that the new “postcard” return will make income tax preparation easier! Not true. The recurring theme in all of our continuing education classes this year has been the 20% increase in time we can expect to properly complete your return. Here are some of the major changes that have occurred.

Fewer People Will Get Refunds

The new Federal withholding tables were designed to lower your total tax bill for the year by giving you a bigger paycheck throughout the year. Unfortunately, they were not designed to give you a refund at year end, and for those of you that did not heed our warnings to change your withholding, your refund will be very small (if any) because you already received it in bits and pieces through larger paychecks throughout the year. One of our simple recommendations for 2019 is that all married individuals fill out a W-4 reflecting “single and zero” withholding.

Itemized Deductions Reduced Dramatically

The ability to itemize deductions has been dramatically decreased because the new law provides a much, much larger standard deduction. (You are allowed to deduct the greater of the two).

However, we still need to accumulate th

e information on your medical, tax, mortgage interest, charity and other deductions in order to apply the new rules, and to complete your state tax returns.

Home Equity & 2nd Mortgages

A major change has occurred on home equity lines and 2nd mortgages, most of which are now not deductible. In order to get your largest deduction, we will need to know much more information on these amounts than in the past such as amounts borrowed and use.

Other Tax Changes

Employee work related business expenses are no longer deductible on the Federal return, but we may still need
the information for your state return, and if you incur a lot of these types of expenses, you need to discuss the use of an accountable plan with your employer.

Most home-related energy efficiency credits are now expired, but an incredible 30% Federal credit still exists for
solar, wind and geothermal costs; and a $7,500 Federal credit for buying a fully electric car still applies through the end of 2018.

If you are retired, over age 70 ½, and have an IRA you must utilize the direct IRA to charity transfer tool to make charitable contributions. This simple trick can save you  hundreds of dollars in income tax.

Start a Health Savings Account Now

With over 50% of working Americans now covered by health savings insurance policies, it is of absolute importance that you start a health savings account, even with $50, and discuss some excellent tax-savings ideas with us for these tax-beneficial plans. And yes, you were still required to maintain health insurance for every member of your family for 2018 or face a potential penalty.

Future Tax Planning Is Key

Every year we are told “I pay too  much in taxes” or “I want some of the tax loopholes that rich people get”. We can answer both statements with one answer. Rich people get no more tax deductions or “loopholes” than anyone else, they just take advantage of what is there to keep their taxes at a low legal level. The single greatest tax “loophole” that they use, which few average people use to its limit is the
ability to defer nearly $20,000 into a 401-K if your  employer has one. If your employer has a 401-K and you are not putting the maximum deferral in it, there is no reason to even think about other tax planning ideas.

In the current tax era of greatly increased requirements to itemize deductions, a tax “bunching” strategy is absolutely mandatory. The “bunching strategy” recognizes that the best tax deductions are obtained by putting deductions in one year rather than spreading them amongst several years. For example, in years where your charitable contributions
are very low, hold off until the next year to catch up, then also pay the full amount of the next year’s contributions in the “catch up” year in order to double your chances of itemizing. Similarly, few Americans receive medical deductions anymore, but if you incur a large expense for say, the deductible on surgery, then try to do all of your other medical items in the same year, such as dental and vision exams, check-ups, etc.

Check into your employer’s handbook to see what employer provided fringe benefits are available. Taxpayer’s are often surprised at the available benefits, or at our explanation of what some benefits really mean.

Contact Emerald Financial Partners today! We are happy to meet with you throughout the year for tax planning, retirement and similar income tax related
issues, and sincerely appreciate your continued business each year.

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