IRC 199A Overview: Qualified Business Income Deduction

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1 IRC 199A Overview: Qualified Business Income Deduction
Richard Furlong, Jr. Senior Stakeholder Liaison CPA Continuing Education Society of PA December 18, 2019

2 Objectives Discuss who is eligible
Provide an overview of the deduction Define terms Explain the general computation

3 Acronyms QBI – Qualified Business Income
QBID – Qualified Business Income Deduction QTB – Qualified Trade or Business REIT – Real Estate Investment Trust PTP – Publicly Traded Partnership SSTB – Specified Service Trade or Business UBIA – Unadjusted Basis Immediately after Acquisition

4 Eligibility, Overview and Definitions

5 Who is Eligible? Taxpayers, other than C corporations, with qualified business income (QBI) from a qualified trade or business (QTB) or qualified publicly traded partnership (PTP) income and Section 199A real estate investment trust (REIT) dividends may take this deduction, including: Individuals, Certain trusts and estates.

6 What is the Deduction? Generally, individuals and certain trusts and estates may be entitled to a qualified business income deduction (QBID) of up to: 20% of qualified business income (QBI), plus 20% of combined qualified REIT dividends and qualified PTP income. The deduction is limited to the lesser of these amounts or taxable income less net capital gain. Other limitations may apply depending on the taxpayer’s taxable income.

7 Qualified Business Income
QBI is the net amount of income, gain, deduction, and loss from any qualified trade or business (QTB) including those conducted through: Sole proprietorships, S corporations, Partnerships, Trusts, and Estates.

8 Items Reflected on Form 1040 that Reduce QBI
QBI is reduced by any deductions attributable to the trade or business including, but not limited to, the deductible portion of: Self-employment tax, Self-employed health insurance, Contributions to qualified retirement plans, Deductible unreimbursed partnership expenses, and Business interest allocable to S corporation or partnership, deducted on Schedule E.

9 QBI Does Not Include Items that are not properly includable in taxable income Investment items such as capital gains or losses or dividends Interest income not properly allocable to a trade or business Wage income Income that is not effectively connected with the conduct of a business within the United States

10 QBI Does Not Include (cont’d) 1 of 2
Commodities transactions or foreign currency gains or losses Certain dividends and payments in lieu of dividends Income, loss, or deductions from notional principal contracts Annuities (unless received in connection with the trade or business)

11 QBI Does Not Include (cont’d) 2 of 2
Amounts received as reasonable compensation received from an S corporation Amounts received as guaranteed payments received from a partnership Payments received by a partner for services other than in a capacity as a partner

12 Qualified Trade or Business
A QTB is any trade or business operated by an individual or passthrough entity that is allowed a deduction for ordinary and necessary business expenses (section 162), with three exceptions: the trade or business of being an employee, specified service trade or business (SSTB), and A trade or business conducted by a C corporation. Note: The SSTB exception only applies if a taxpayer’s taxable income, before QBID, exceeds the threshold.

13 Specified Service Trade or Business
A specified service trade or business is any trade or business described in section (e)(3)(A) (with certain modifications) That is, any trade or business involving the performance of services in the fields of health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, or any trade or business where the principal asset of such trade or business is the reputation or skill of one or more of its employees or owners.

14 Specified Service Trade or Business
Any trade or business involving the performance of services in the fields of: health consulting law athletics accounting financial services actuarial science brokerage services performing arts

15 Specified Service Trade or Business
A specified service trade or business is also any trade or business: Which involves the performance of services that consist of investing and investment management, trading, or dealing in securities, partnership interests, or commodities.

16 Specified Service Trade or Business (cont’d)2
A SSTB is also any trade or business where the principal asset is the reputation or skill of one or more of its employees or owners. This means a trade or business that receives fees, compensation, or other income for: endorsing products or services, the use of an individual’s image, likeness, name, signature, voice, trademark, or similar symbols associated with an individual’s identity, or appearing at an event, or on radio, television, or other media.

17 Specified Service Trade or Business
The specified service exclusion does not apply to taxpayers whose taxable income is less than $157,500 ($315,000 married filing jointly (MFJ)). The deduction is reduced for taxpayers in a specified service trade or business whose taxable income is between $157,500 and $207,500 ($315,000 and $415,000 MFJ). Income from a specified service trade or business is not income from a qualified trade or business for taxpayers with taxable income above $207,500 ($415,000 MFJ). Note: These are 2018 thresholds that are adjusted annually for inflation

18 De Minimis Rule A trade or business will not be treated as an SSTB if:
Gross receipts are $25 million or less, and Less than 10% of the gross receipts are from a specified services activity OR Gross receipts are greater than $25 million, and Less than 5% of the gross receipts are from a specified services activity.

19 Section 162 Trade or Business
In general, to be engaged in a trade or business, the taxpayer must be involved in the activity with continuity and regularity and the primary purpose for engaging in the activity must be for income or profit. For interests owned in a passthrough entity, the trade or business determination is made at the entity level.

20 Rentals Rentals qualify for the QBID if:
The rental rises to the level of a section 162 trade or business, or The rental real estate enterprise meets the safe harbor in Revenue Procedure , or The rental or licensing of property is to a commonly controlled trade or business operated by an individual or passthrough entity. (Sometimes referred to as self-rental)

21 Qualified REIT Dividends & Qualified PTP Income Defined
Qualified REIT Dividends (Form DIV, box 5): Any dividend received from a REIT (including REIT dividends earned through a RIC), except capital gain dividends under section 857(b)(3) and qualified dividends under section 1(h)(11). Qualified PTP Income: Qualified items of income, gain, deduction, and loss from a PTP, plus any gain or loss recognized on the disposition of the PTP interest not treated as a capital gain or loss.

22 Passthrough Entity Reporting
S Corporations & Partnerships For each QTB, the entity must provide the necessary information for its eligible shareholders or partners to compute their deduction (Schedule K-1, Other Information). Estates & Trusts Split QBI items between the estate/trust and its beneficiaries, and Report necessary information items allocated to eligible beneficiaries (Schedule K-1, Other Information).

23 Passthrough Entity Reporting (cont’d)
Required items reported by S corporations, partnerships, trusts and estates to owners: qualified business income, whether any trades or businesses conducted by the entity are SSTBs,* W-2 wages,* unadjusted basis immediately after acquisition (UBIA) of qualified property,* Qualified 199A REIT dividends and qualified PTP income, and domestic production activities deduction (section 199A(g)) passed through from cooperative. * Needed for limitations

24 Computation

25 General Computation In general, the QBID equals the lesser of:
QBI Component PLUS: 20% (qualified REIT Dividends + qualified PTP Income) or 20% (Taxable Income* – Net Capital Gain) * Calculated before the QBID

26 QBI Component Taxpayers at or below the threshold:
= QBI x 20%, reduced by the Patron Reduction Taxpayers above the threshold but within the phase-in range: = QBI computation is adjusted as follows: QBI, W-2 wages, and UBIA of qualified property reduced by applicable percentage for SSTB, W-2 wage and UBIA of qualified property limitations applied (phased-in), and QBI Component is reduced by the Patron Reduction

27 QBI Component (cont’d)
Taxpayers above the threshold and phase-in range: = QBI computation is adjusted as follows: SSTB is excluded from QTB, W-2 wage and UBIA of qualified property limitations applied, and The QBI Component is reduced by the Patron Reduction. An SSTB is not a QTB for taxpayers with taxable income above the threshold and phase-in range.

28 Patron Reduction Patrons of agricultural or horticultural cooperatives must reduce their QBID by the lesser of: 9% of the QBI from the trade or business allocable to qualified payments, or 50% of W-2 wages from the trade or business allocable to the qualified payments.

29 Threshold Amount and Phase-In Range
For 2018, the threshold is taxable income of $157,500 or $315,000 if married filing jointly. Phase-in range equals the threshold amount plus $50,000 or $100,000 if married filing jointly: More than $157,500 to $207,500, or More than $315,000 to $415,000 if married filing jointly. These amounts are adjusted annually for inflation.

30 Taxable Income Taxable income is computed before the QBID.
Screen shot of Form 1040 (2018). Line 7 and 8 are highlighted; these areas are focused on, they read as follows. “Line 7: Adjusted gross income. If you have no adjustments to income, enter the amount from line 6; otherwise, subtract Schedule 1, line 36, from line 6.” “Line 8: Standard deduction or itemized deductions (from Schedule A).” Taxable income is computed before the QBID. Generally, the taxpayer’s taxable income for QBID = Adjusted gross income (line 7) Less: Standard or itemized deductions (line 8)

31 Net Capital Gain Net capital gain for section 199A include:
Qualified dividends from Form 1040, line 3a PLUS The smaller of the amounts reported on Schedule D line 15 or 16, if blank or a loss, your net gain is zero, or When Schedule D is not required, the gain on Form 1040, Schedule 1, line 13.

32 Loss Netting – QBI Component
Negative QBI from a QTB must offset positive QBI from other QTBs in proportion to their net QBI. If overall combined QBI is less than zero, the QBI component for the year is zero and the negative amount carries over to offset future year’s QBI. W-2 wages and UBIA of qualified property from QTBs that produce negative QBI are not taken into account in the taxable year and are not carried over.

33 Negative Combined REIT Dividends and PTP Income
Deductible losses from a PTP must offset qualified income from other PTPs and qualified REIT dividends. If overall qualified REIT dividends and qualified PTP income are less than zero, the negative amount carries over to offset future year’s qualified REIT dividends and qualified PTP income but does not offset QBI from a trade or business.

34 Computation At or Below the Threshold

35 General Computation At or Below Threshold
The QBID is limited to the lesser of: QBI Component Plus 20% (qualified REIT Dividends + qualified PTP Income) or 20% (Taxable Income* – Net Capital Gain) * Calculated before the QBID

36 QBI Component At or Below the Threshold
The QBI component when taxable income, before QBID, is at or below the threshold: = QBI x 20%, reduced by the patron reduction Note: The SSTB exclusion does not apply

37 Example 1 – At or Below Threshold Taxable Income Limitation
Abel, who is single, operates a bakery as a sole proprietorship,. In 2018 he had the following: QBI $100,000 Net capital gain $7,000 Taxable income, before QBID $81,000 Abel’s QBID is $14,800 computed as follows:

38 Example 1 – At or Below Threshold Taxable Income Limitation (cont’d)
QBI $100,000 Net capital gain $7,000 Taxable income, before QBID $81,000 QBID is limited to the lesser of: 20% x $100,000 (QBI) = $20,000, or 20% x ($81,000 (TI) - $7,000 (NCG)) = $14,800

39 Example 1 – At or Below Threshold Taxable Income Limitation (cont’d)

40 Example 2 – At or Below Threshold REIT Dividends & PTP Income
A married individual filing a joint return reports: QBI $200,000 Qualified REIT dividends $1,000 Qualified PTP income $500 Net capital gain $0 Taxable income, before QBID $270,000 The QBID is $40,300 computed as follows:

41 Example 2 – At or Below Threshold REIT Dividends & PTP Income (cont’d)
QBID is the lesser of: 20% x $200,000 QBI Plus 20% x ($1,000 REIT + $500 PTP) = $40,300 or 20% x $270,000 TI = $54,000

42 Example 2 – At or Below Threshold REIT Dividends & PTP Income (cont’d)

43 Example 3 – At or Below Threshold Loss Netting - Multiple Businesses
A married individual filing a joint return reports: QBI: S corporation business Schedule C business $200,000 ($60,000) Taxable Income before QBID $270,000 The QBID is $28,000 computed as follows:

44 Example 3 – At or Below Threshold Loss Netting - Multiple Businesses (cont’d)
QBI: 1120S Sch. K-1 Sch. C $200,000 ($60,000) $140,000 Taxable Income before QBID $270,000 QBID is the lesser of: 20% x $140,000 QBI = $28,000 or 20% x $270,000 TI = $54,000

45 Example 3 – At or Below Threshold Loss Netting - Multiple Businesses (cont’d)

46 Example 4 – At or Below Threshold Taxable Income Limitation
31. Net profit or (loss). Subtract line 30 from line 29. If a profit, enter on both Schedule 1 (form 1040), line 12 (or Form 1040R, Line 13) and on schedule SE, line 2. (if you checked the box on line 1, see instructions). Estates and trusts, enter on form 1041, line 3. If a loss, you must go to line 32. 31. (20,000). Pat and Jessie are married taxpayers who file jointly. In 2018 their businesses resulted in the following Schedule C net profit/(loss) amounts: Construction Business 31. Net profit or (loss). Subtract line 30 from line 29. If a profit, enter on both Schedule 1 (form 1040), line 12 (or Form 1040R, Line 13) and on schedule SE, line 2. (if you checked the box on line 1, see instructions). Estates and trusts, enter on form 1041, line 3. If a loss, you must go to line 32. 31. (20,000). Doctor’s Office

47 Example 4 – At or Below Threshold Taxable Income Limitation (cont’d) 1 of 5
2. Net profit or (loss) from schedule C, line 31; schedule C-EZ, line 3; schedule K-1 (form 1065), box 14, code A (other than farming); and schedule K-1 (Form 1065-B), box 9, code J1. Ministers and members of religious orders, see instructions for types of income to report on this line. See instructions for other income to report. Line 2: $ 3. Combine lines 1a, 1b and 2. Line: 4. Multiply line 3 by 92.35% (0.9235). If less than $400, you don’t owe self-employment tax; don’t file this schedule unless you have an amount on line 1b. Line 4: Note: if line 4 is less than $400 due to conversation reserve program payments on line 1b, see instructions. 5. Self-employment tax. If the amount on line 4 is: $128,400 or less, multiply line 4 by 15.3% (0.153). Enter the result here and on schedule 4 (form 1040), line 57 of form 1040NR, line 55. More than $128,400 multiply line 4 by 2.9% (0.029). Then, add $15, to the result. Enter the total here and on schedule 4 (form 1040), line 57 or form 1040NR, line 55. Line 5: 21278 6. Deduction for one-half of self-employment tax. Multiply line 5 by 50% (0.50). Enter the result here and on schedule 1 (form 1040) line 27, or form 1040NR, line 27. Line 6: S/E Tax: $21,278 Deductible portion of S/E Tax: $10,639 Self-employed health insurance deduction: $5,000

48 Example 4 – At or Below Threshold Taxable Income Limitation (cont’d) 2 of 5 of 2
Screen shot of Schedule 1 (form 1040). The “additional income” section has 2 line with information filled that reads as follows. “Line 12: business income or (loss). Attach schedule D if required. If not required, check here. (Checkbox). Line ,000 Line 22: combine the amounts in the far right column. If you don’t have any adjustments to income, enter here and include on form 1040, line 6. Otherwise, go to line ,000.” the “adjustments to income” section has 3 lines filled that read as follows. “Line 27: deductible part of self-employment tax. Attach schedule SE. line ,639. Line 29: self-employment health insurance deduction. Line 29: 5,000. Line 36: Add lines 23 through 35. line 36: 15,639. 2018 Form 1040, Schedule 1

49 Form 1040 (2018). Page 2. There are 11 lines listed only lines 6, 7, and 8, are focused on. They read as follows. “Line 6: total income. Add lines 1 through 5. add any amount from schedule 1, line 22 (Blank text field). Line 6: 180,000. Line 7: Adjusted gross income. If you have no adjustment to income, enter the amount from line 6; otherwise subtract schedule 1, line 36 from line 6. Line 7: 164,361. Line 8: standard deduction or itemized deductions (from schedule A). Line : 24,000.” Example 4 – At or Below Threshold Taxable Income Limitation (cont’d) 3 of 5 AGI: $164,361 Standard Deduction: $24,000 Taxable income before QBID: $164,361 - $24,000 = $140,361 Taxable income is below the threshold

50 Example 4 – At or Below Threshold Taxable Income Limitation (cont’d)
Qualified Business Income Component 20% of QBI ($184,361 + ($20,000)) = $32,872 20% of Taxable Income ($140,361) = $28,072 Construction Doctor Schedule C ($20,000) $200,000 SE Tax Deduction N/A ($10,639) SE Health Insurance Deduction ($5,000) Qualified business income $184,361

51 Example 4 – At or Below Threshold Taxable Income Limitation (cont’d) 5 of 5
Form 1040 (2018). Page 2. There are 11 lines listed only lines 6, 7, 8, 9, 10 are focused on. They read as follows. Line 6: total income. Add lines 1 through 5. add any amount from schedule 1, line 22 (Blank text field). Line 6: 180,000. Line 7: Adjusted gross income. If you have no adjustment to income, enter the amount from line 6; otherwise subtract schedule 1, line 36 from line 6. Line 7: 164,361. Line 8: standard deduction or itemized deductions (from schedule A). Line : 24,000. Line 9: qualified business income deduction (see instructions). Line 9: 28,072. Line 10: Taxable income. Subtract lines 8 and 9 from line 7. if zero or less, enter 0. line 10: 112,289. QBI Deduction = $28,072

52 Example 4a – Over Threshold and Phase-In Range
Taxable income from Example 2 of $140,361 Add: W-2 wages of $240,000 Add: Interest income of $40,000 Updated taxable income of $420,361 QBI Deduction = $0 Construction Doctor Schedule C ($20,000) N/A SE Tax Deduction SE Health Insurance Deduction Qualified business income

53 Example 4b – Within the Phase-In Range
Taxable income from Example 2 of $140,361 Add: W-2 wages of $200,000 Add: Interest income of $40,000 Updated taxable income of $380,361 SSTB – Applicable percentage of QBI, W-2 Wages, and UBIA allowed W-2 Wage and UBIA Limitation – Reduction to QBI is phased in

54 Example 4b – Within the Phase-In Range
Taxable income from Example 2 of $140,361 Add: W-2 wages of $200,000 Add: Interest income of $40,000 Updated taxable income of $380,361 SSTB – Applicable percentage of QBI, W-2 Wages, and UBIA allowed W-2 Wage and UBIA Limitation – Reduction to QBI is phased in

55 QBI Wage / Basis Limitation Above the Threshold and Phase-In Range
For taxpayers with taxable income (before the QBID) above the threshold and phase-in range, the QBI for each QTB is limited to the lesser of: 20% of QBI from the business or The greater of: 50% of W-2 wages paid by the QTB, or 25% of W-2 wages plus 2.5% of the UBIA of qualified property used by the QTB.

56 W-2 Wages Means the amount paid with respect to a trade or business as W-2 wages to employees for services performed. Wages must be allocated among various trades or businesses if the taxpayer conducts more than one business. Only wages properly allocable to QBI are includable. Rev. Proc provides guidance on methods for determining W-2 wages for purposes of the section 199A W-2 wage limitations.

57 W-2 Wages (cont’d) Methods to compute wages include:
Unmodified box method, Modified box 1 method, or Tracking wages method. Other considerations include: Short tax year, Acquisition or disposition of a trade or business, Non-duplication rule, and Wages paid by someone other than a common law employer.

58 Unadjusted Basis Immediately After Acquisition for Qualified Property
UBIA of qualified property is generally the asset’s basis on the placed in service date. Qualified property is tangible property subject to depreciation, held and used for the production of QBI by the QTB on the last day of the taxable year, for which the depreciable period has not ended. The depreciable period ends on the later of: 10 years after the property is placed in service, or the last day of the full year for the applicable recovery period under section 168.

59 UBIA for Qualified Property (cont’d)
Special considerations for UBIA include: Improvements to property, Like-kind exchange, Received in a nonrecognition transaction, Acquired within 60 days of year end, and Basis adjustments under sections 734(b) & 743(b).

60 Example 5 – Above Threshold Wage / UBIA Limitation
Don operates a sole proprietorship that pays no W-2 wages and holds no qualified property. QBI: $1,000,000 Taxable Income: $980,000 Wages: $0 UBIA: $0

61 Example 5 – Above Threshold Wage / UBIA Limitation (cont’d)
QBID is the lesser of: 20% x $1,000,000 QBI = $200,000 Limited to the greater of: 50% of W-2 wages: (50% x $0) = $0 or 25% of W-2 wages plus 2.5% of UBIA: (25% x $0) + (2.5% x $0) = $0 OR 20% x $980,000 TI = $196,000

62 More Complex Applications

63 Computation Within the Phase-in Range

64 General Computation Within the Phase-In Range
In general, the QBID equals the lesser of: QBI Component PLUS: 20% (qualified REIT Dividends + qualified PTP Income) or 20% (Taxable Income* – Net Capital Gain) * Calculated before the QBID

65 QBI Component Within the Phase-In Range
When taxable income, before QBID, is above the threshold but within the phase-in range: The QBI computation is adjusted as follows: QBI, W-2 wages, and UBIA of qualified property from an SSTB are reduced to the applicable percentage, W-2 wage and UBIA of qualified property limitations are applied (phased-in), and QBI Component is reduced by the Patron reduction

66 Treatment of SSTB Taxable income, before QBID, at or below the threshold: SSTB is treated as QTB. Taxable income, before QBID, exceeds the threshold and the phase-in range: SSTB is not a QTB and does not generate QBI, W-2 wages, or UBIA of qualified property. Taxable income, before QBID, exceeds the threshold, but is within the phase-in range: SSTB is treated as a QTB, but only the applicable percentages of QBI, W-2 wages, and UBIA of qualified property are taken into account in determining QBID.

67 SSTB Applicable Percentage Limitation
The applicable percentage = 100% - Taxable Income* - Threshold Total Phase-in Range * Computed before QBID.

68 Example Within Phase-In Range: SSTB Limited to Applicable Percentage
Tom, who is single, is the sole proprietor of a small accounting firm. In 2018, his taxable income is $175,000, QBI is $172,000, and the business paid W-2 wages of $65,000. His applicable percentage is: Applicable Percentage = 100% - 175,000 – $157,500 65% $50,000 Amounts allowable in computing his deduction: QBI: ($172,000 x 65%) = $111,800 W-2 wages: ($65,000 x 65%) = $42,250

69 Treatment of QBI Wage / Basis Limitation
Taxable income, before QBID, at or below the threshold; W-2 wage/UBIA of qualified property limitations do not apply. Taxable income, before QBID, exceeds the threshold and the phase-in range; W-2 Wage/UBIA of qualified property limitations apply. Taxable income, before QBID, above the threshold but within the phase-in range; W-2 wage/UBIA of qualified property limitations are phased-in.

70 Phase-In Reduction QBI Wage / Basis Limitation
less The greater of: 50% of wages, or 25% of wages plus 2.5% of the UBIA X Taxable income* less threshold Total Phase-in Range * Computed before QBID.

71 Example – Within Phase-In Range: Phase-In Reduction
Bob (who is single) is the sole proprietor of a manufacturing company that reported: Taxable Income $199,000 Wages $55,000 QBI $180,000 UBIA $150,000 His phase-in reduction is computed as follows: 36,000 (180,000 X 20%) - 27,500* x 199,000 –157,500 = $7,055 50,000 * The greater of: (55,000 x 50%) = $27,500 or (55,000 x 25%) + (150,000 x 2.5%) = $17,500

72 Example – Within Phase-In Range Phase-In Reduction (cont’d)
Taxable Income $199,000 Wages $55,000 QBI $180,000 UBIA $150,000 Applying the phase-in reduction of $7,055 to QBI, the deduction is the lesser of: 20% of QBI: (180,000 x 20%) – 7,055 = $28,945 20% of TI – NCG: (199,000 x 20%) = $39,800 Bob’s QBID is $28,945.

73 Aggregation of Qualified Trades or Businesses
Treas. Reg. § 1.199A-4 Section 199A is applied on a business-by-business basis. Each QTB, including those operated in the same entity, is treated as a separate trade or business for purposes of determining QBI and applying the W-2 wage/UBIA of qualified property limitations. Taxpayers may choose to aggregate businesses together for purposes of determining QBI and applying the limitations if they satisfy the requirements of Treas. Reg. § 1.199A-4.

74 Aggregation Requirements
An individual or entity that chooses to aggregate its trades or businesses must demonstrate that: The same person or group of persons owns 50% or more of each business to be aggregated for a majority of the year, including the last day of the taxable year. Each business to be aggregated has the same taxable year. None of the businesses to be aggregated are an SSTB.

75 Aggregation Requirements (cont’d)
4. The businesses to be aggregated meet at least 2 of the following 3 factors: The businesses provide products, property, or services that are the same or customarily offered together. The businesses share facilities or share significant centralized business elements (e.g. personnel, accounting, legal, manufacturing, share facilities, etc.).  The businesses are operated in coordination with, or reliance upon, one or more businesses in the aggregated group.

76 Aggregation Reporting and Consistency
Aggregations must be reported consistently in all subsequent taxable years unless there is a significant change in circumstances such that the aggregation requirements are no longer satisfied. Must attach a statement to the return each year identifying each aggregated trade or business.

77 Aggregation by a Pass-Through Entity
A pass-through entity may aggregate trades or businesses it owns directly or through another entity if the aggregation requirements are satisfied. Owners of the pass-through entity may not subtract from the trades or businesses aggregated by the pass-through entity, but may add additional trades or businesses to the aggregation.

78 Failure to Disclose Aggregation
If an individual or entity fails to attach the required disclosure statement, the Commissioner may disaggregate the trades or businesses. 

79 Resources IRS.gov/TaxReform
Treas. Reg §1.199A Qualified Business Income Deduction Rev. Proc Safe Harbor for Certain Real Estate Enterprises Instructions to Form 1040 Publication 535, Business Expenses Form 8995 and Instructions Form 8995-A and Instructions

80 Most Important Points Generally the computation is 20% QBI plus 20% (qualified REIT Dividends + qualified PTP Income) (subject to limitations) QBID cannot exceed 20% (Taxable Income – Net Capital Gain) QBI only includes net amounts of qualified items of income, gain, deduction and loss from a qualified trade or business

81 Most Important Points (cont’d)
Passthrough Entities provide information on Schedule K-1 Threshold amount in 2018 is $157,500; $315,000 MFJ (Indexed for Inflation each year) QBI has additional limitations once the taxpayer is at or above the threshold: Specified service trade or business subject to certain limitations W-2 wages and UBIA of qualified property limitations.

82 Contact Information Richard G. Furlong, Jr. Senior Stakeholder Liaison Communications & Liaison