This is what I found on the IRS website. Is there a better reference? One that would hold up in court....Q5. What is a qualified trade or business?A5. A qualified trade or business is any trade or business, with two exceptions: Specified service trade or business (SSTB), which includes a trade or business involving the performance of services in the fields of health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, investing and investment management, trading, dealing in certain assets or any trade or business where the principal asset is the reputation or skill of one or more of its employees. This exception only applies if a taxpayer’s taxable income exceeds $315,000 for a married couple filing a joint return, or $157,500 for all other taxpayers Performing services as an employees DisclaimerThese FAQs are not included in the Internal Revenue Bulletin, and therefore may not be relied upon as legal authority. This means that the information cannot be used to support a legal argument in a court case.

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lckwids

Level 1

Solved

QBI and SSTB Would the following qualify? Taxidermy shop? Archery shop? Tattoo artist? I am looking for where to look for more specific guidance.

Forum|Forum|6 years ago
December 7, 2019
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This is what I found on the IRS website. Is there a better reference? One that would hold up in court....

Q5. What is a qualified trade or business?

A5. A qualified trade or business is any trade or business, with two exceptions:

Specified service trade or business (SSTB), which includes a trade or business involving the performance of services in the fields of health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, investing and investment management, trading, dealing in certain assets or any trade or business where the principal asset is the reputation or skill of one or more of its employees. This exception only applies if a taxpayer’s taxable income exceeds $315,000 for a married couple filing a joint return, or $157,500 for all other taxpayers
Performing services as an employees

Disclaimer

These FAQs are not included in the Internal Revenue Bulletin, and therefore may not be relied upon as legal authority. This means that the information cannot be used to support a legal argument in a court case.

ProSeries Basic

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Best answer by mojocpa

One stop shopping, Archery to hunt your game, taxidermy to mount your game, tattoo artist to give you a remembrance of your trophy

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mojocpaAnswer

Level 6

One stop shopping, Archery to hunt your game, taxidermy to mount your game, tattoo artist to give you a remembrance of your trophy

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garman22

Intuit Community Champion

I’ll take tattoo please.

abctax55

Level 15

Those are decision YOU, the tax pro, gets paid to determine based on the facts & circumstances. Blanket answers, for strangers on the internet, would not be considered authoritative.

HumanKind... Be Both

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TaxGuyBill

In answer to the question, I think the best "official" resource (which will stand up in court) is the preamble to the Proposed Regulations, and starting on page 57 it goes through each of those categories.

https://www.irs.gov/pub/irs-drop/reg-107892-18.pdf#page=57