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Is an Uber driver considered an SSTB?

jeanmarc
Level 4

I think no but the last part of qualifying businesses is where I'm confused. "Any trade or business where the principal asset is the reputation or skill of one or more of its employees." Could driving be a skill that would make this an SSTB.

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TaxGuyBill
Level 15

No.

According to the Proposed Regulations, the "reputation or skill" thing is extremely limited.  Here is what it says:


In sum, the Treasury Department and the IRS believe that the “reputation or skill” clause as used in section 199A was intended to describe a narrow set of trades or businesses, not otherwise covered by the enumerated specified services, in which income is received based directly on the skill and/or reputation of employees or owners.  Additionally, the Treasury Department and the IRS believe that “reputation or skill” must be interpreted in a manner that is both objective and administrable.

Thus, proposed §1.199A-5(b)(2)(xiv) limits the meaning of the “reputation or skill” clause to fact patterns in which the individual or RPE is engaged in the trade or business of
(1) receiving income for endorsing products or services, including an individual’s distributive share of income or distributions from an RPE for which the individual provides endorsement services;
(2) licensing or receiving income for the use of an individual’s image, likeness, name, signature, voice, trademark, or any other symbols associated with the individual’s identity, including an individual’s distributive share of income or distributions from an RPE to which an individual contributes the rights to use the individual’s image;o
(3) receiving appearance fees or income (including fees or income to reality performers performing as themselves on television, social media, or other forums, radio, television, and other media hosts, and video game players).
https://www.irs.gov/pub/irs-drop/reg-107892-18.pdf#page=65


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6 Comments 6
TaxGuyBill
Level 15

No.

According to the Proposed Regulations, the "reputation or skill" thing is extremely limited.  Here is what it says:


In sum, the Treasury Department and the IRS believe that the “reputation or skill” clause as used in section 199A was intended to describe a narrow set of trades or businesses, not otherwise covered by the enumerated specified services, in which income is received based directly on the skill and/or reputation of employees or owners.  Additionally, the Treasury Department and the IRS believe that “reputation or skill” must be interpreted in a manner that is both objective and administrable.

Thus, proposed §1.199A-5(b)(2)(xiv) limits the meaning of the “reputation or skill” clause to fact patterns in which the individual or RPE is engaged in the trade or business of
(1) receiving income for endorsing products or services, including an individual’s distributive share of income or distributions from an RPE for which the individual provides endorsement services;
(2) licensing or receiving income for the use of an individual’s image, likeness, name, signature, voice, trademark, or any other symbols associated with the individual’s identity, including an individual’s distributive share of income or distributions from an RPE to which an individual contributes the rights to use the individual’s image;o
(3) receiving appearance fees or income (including fees or income to reality performers performing as themselves on television, social media, or other forums, radio, television, and other media hosts, and video game players).
https://www.irs.gov/pub/irs-drop/reg-107892-18.pdf#page=65


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George4Tacks
Level 15
Über drivers have neither skill or knowledge in my area.

Answers are easy. Questions are hard!
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Just-Lisa-Now-
Level 15
Level 15
Right....I don't think being given a drivers license is a specialized skill...isn't that all you need to be an Uber driver?

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
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TaxGuyBill
Level 15
Although I should say that the FINAL Regulations JUST came out now, so it is POSSIBLE that has changed.
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TaxGuyBill
Level 15
I just checked the Final Regs, and it looks like they have the same rules on that as the Proposed Regs.
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Marc-TaxMan
Level 8
As you cannot select your driver, a driver's personal skill, etc does not matter
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