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Level 2
March 17, 2020
Question

199a rental real estate safe harbor statement

  • March 17, 2020
  • 5 replies
  • 19 views

The IRS requires a PDF of a signed and dated statement to be attached to an efiled tax return if the client meets the rental real estate safe harbor requirements and wants to claim the QBI deduction.  I am trying to do this correctly this year but am getting conflicting information, i.e., that the IRS has waived the signature requirement and that the statement needs to be detailed to the extent of the name and number of the manager, number of units, etc.  

There is a 199a rental real estate safe harbor statement in the 2019 (none in 2018) version of ProSeries that can be efiled with the tax return.  Is it sufficient to print it, have the client sign and date it, scan and create a PDF and attach it to the tax return?  Is it possible to send it with an 8453?  If the IRS has waived the signature requirement, can we just efile the ProSeries statement with the tax return?

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5 replies

sjrcpa
Level 15
March 17, 2020

You no longer have to sign the election.

But why are you using the safe harbor? Why isn't the activity a trade or business without the safe harbor?

The more I know the more I don’t know.
Level 2
March 17, 2020

If a client owns and manages a single rental property (condo) and meets the safe harbor requirements, do I simply check that it is a qualified trade or business?