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Best Answer Click here
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According to Federal Tax Day, a number of speakers, including those from AICPA and Council for Electronic Revenue Communication Advancement (CERCA), at the Oct 16 public hearing for the proposed regulations have asked the IRS to provide clear guidelines on when Sch E activities would rise to the level of a §162 trade or business. The rationale is that this should avoid taxpayers applying different interpretations and simplify tax administration.
It is also reported that the "regulations are expected to be finalized before the 2019 tax filing season."
In other words, the short answer is dunno yet but watch out for further development.
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A recent thread on whether rentals "qualify" for 199A
In your case, my concern would be whether the rental rises to the level of a trad or business, given the related party interaction.
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As in an AirBnB scenario? Is it reported on Sch C or Sch E?
C = I'd say yes
E = I'd say we don't know yet. The IRS guidance issued so far is about as clear as the air in most of Northern CA right now.
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related?
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The more I know the more I don’t know.
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Still an AllStar
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