Employee
04-11-2019
03:40 PM
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nnk13, if your taxpayer is over the income limits and subject to the Wages Limit/ UBIA limits, and some QBI activities are being limited, then in certain cases, aggregating activities can result in a larger total QBI deduction. If taxpayer is below the income limit, there probably is not a good reason to aggregate.
In general, a taxpayer can aggregate businesses only if the five aggregation requirements listed below are satisfied:
- The same person or group of persons directly or indirectly owns 50% or more of each business to be aggregated. For businesses operated by an S corporation, that means owning 50% or more of the issued and outstanding shares. For businesses operated by partnerships (including LLCs treated as partnerships for tax purposes), that means owning 50% or more of the capital or profits interests. For purposes of applying the 50% ownership rule, a taxpayer is also considered to own the interest in each business that’s owned directly or indirectly by his or her spouse, children, grandchildren or parents.
- The preceding 50% ownership picture exists for a majority of the tax year in which the items for each business to be aggregated are included in the taxpayer’s income.
- All the tax items attributable to each business to be aggregated are reported on returns with the same tax year end.
- None of the businesses to be aggregated is a specified service business. Income from a specified service business generally doesn’t count as QBI. The service business disallowance rule is phased in over the same taxable income ranges that apply to the limitations based on W-2 wages and the UBIA of qualified property.
- The businesses to be aggregated must satisfy at least two of the following three requirements:
- The businesses provide products and services that are the same or customarily offered together (for example, a gas station and a car wash).
- The businesses share facilities or significant centralized business elements (such as personnel, accounting, legal, manufacturing, purchasing, human resources or information technology).
- The businesses are operated in coordination with or in reliance on each other. (For example, they have supply chain interdependencies.)
Good luck!