TaxGuyBill
Level 15

If you are referring to the 'reputation or skills' test, that is extremely limited.


(xiv) Meaning of trade or business where the principal asset of such trade or business is the reputation or skill of one or more employees or owners . For purposes of section 199A(d)(2) and paragraph (b)(1)(xiii) of this section only, the term 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 ownersmeans any trade or business that consists of any of the following (or any combination thereof):

(A) A trade or business in which a person receives fees, compensation, or other income for endorsing products or services,

(B) A trade or business in which a person licenses or receives fees, compensation, or other income for the use of an individual’s image, likeness, name, signature, voice, trademark, or any other symbols associated with the individual’s identity,

(C) Receiving fees, compensation, or other income for appearing at an event or on radio, television, or another media format.

https://www.irs.gov/pub/irs-drop/td-reg-107892-18.pdf#page=227

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