Can 2 Single Family Rentals Qualify for QBI (Qualified Business Income) Deduction as a Business?
I'm helping manage my aunt and uncle's taxes this year since their longtime tax preparer just retired. They're both in their 70s now. While reviewing their past returns, I noticed something interesting - they've been claiming the Qualified Business Income Deduction for several years on their rental properties. Currently they own 2 single-family homes that are purely rental properties, though they had 3 properties until recently. I've been doing some research and came across some IRS requirements that have me confused: 1) From what I understand, since 2019, the IRS requires 250 hours of annual activity to be documented to qualify for the QBI deduction. Their tax preparer never mentioned this requirement to them. The IRS publication states: >The contemporaneous records requirement will not apply to taxable years beginning prior to January 1, 2019. Should I try to create a backdated log of their activities since 2019 (as accurately as possible), or is this a bad idea? 2) The IRS also mentions: >Taxpayers may not vary this treatment from year-to-year unless there has been a significant change in facts and circumstances. Does this mean I should just continue claiming the deduction since it would look suspicious to suddenly stop? I tend to be cautious and would rather skip a deduction than risk triggering an audit. 3) According to the IRS, qualifying rental services include: >advertising to rent or lease the real estate; negotiating and executing leases; verifying tenant applications; collection of rent; daily operation, maintenance, and repair of the property; management of the real estate; purchase of materials; and supervision of employees and contractors. For those with rental properties - does reaching 250 hours annually seem realistic with just 2 residential properties? Am I underestimating how much work goes into managing these rentals? 4) If they can't document 250 hours yearly, is there another way to qualify these rentals as a business for the QBI deduction? Thanks for any advice you can offer!
19 comments


Freya Thomsen
This is actually a really common situation with rental property owners. The QBI deduction (Section 199A) can be tricky for rental properties because the IRS hasn't always been crystal clear about when they qualify as a "trade or business." For your questions: First, don't create backdated logs. That could potentially look like fabrication if you were audited. Instead, I'd recommend starting proper documentation now going forward. For past years, if they're audited, they would need to reasonably demonstrate the activity took place. Regarding continuing the deduction - you're right that consistency matters to the IRS. If you suddenly stop taking it without a change in circumstances, it might raise questions about prior years. However, don't continue an incorrect treatment just to avoid scrutiny. For the 250 hours requirement, there's actually a safe harbor provision specifically for rental real estate. If they (or others working for them) spend 250+ hours on "rental services" as you quoted, the rental can qualify as a business for QBI purposes. With 2 properties, this could be challenging but not impossible if they're hands-on landlords who handle maintenance, tenant issues, etc. If they can't meet the 250-hour safe harbor, they might still qualify under general tax principles if the rentals rise to the level of a "trade or business" under Section 162. This is fact-specific and considers factors like continuity, regularity, and profit motive.
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Ravi Sharma
•Thanks for the detailed response! I'm a bit nervous about the hours requirement since they handle most things themselves but aren't super hands-on. Do you think paying bills, traveling to the properties, and screening tenants count toward the 250 hours? The IRS specifically mentioned that "financial management" and "travel time" don't count, which seems to eliminate a big chunk of what they actually do.
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Freya Thomsen
•Paying bills and financial management activities generally don't count toward the 250 hours. Travel time to the properties also doesn't count according to the IRS guidance. Activities that do count include showing the property to potential tenants, screening applications, preparing and signing leases, collecting rent, communicating with tenants about issues, arranging for and supervising repairs, purchasing supplies, and doing actual maintenance work. If they're personally handling maintenance calls, doing inspections, meeting with tenants, or managing turnover between tenants, these activities would count.
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Omar Zaki
After dealing with similar rental income issues, I found this amazing service called taxr.ai that helped me figure out all my rental property tax questions. I was totally confused about what qualified as business hours for my rental properties, and whether I could claim the QBI deduction on my two duplexes. I uploaded my previous returns and some docs about my rental activities to https://taxr.ai and their AI analyzed everything and gave me a detailed breakdown of exactly what counts toward those 250 hours and how to properly document everything going forward. They even helped me understand whether my rentals qualified as a business according to IRS regulations. The best part was they explained how the safe harbor rules work for rental properties and gave me a simple template for tracking hours that would satisfy IRS requirements. Completely changed how I approach my rental property taxes!
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AstroAce
•How exactly does this service work? Do they have actual tax professionals reviewing your documents or is it just some AI chatbot giving general advice? I've been burned before by "tax help" services that just spit out generic information I could find on Google.
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Chloe Martin
•I'm curious - does it give specific analysis for your situation or just general guidelines? My rental property situation is pretty unique (inherited property with a partial business use section), and I'm wondering if this would actually help with something that specific.
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Omar Zaki
•They use AI to analyze your specific tax documents and rental situation, but it's not just generic advice. It identified several deductions specific to my rental operation that I had been missing. The analysis is tailored to your actual numbers and circumstances. For unique situations, that's actually where I found it most helpful. My properties have some weird zoning situations, and it provided specific guidance on how the IRS would likely view my particular setup. It references actual tax code and IRS rulings relevant to your specific scenario, not just general guidelines.
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Chloe Martin
I wanted to follow up about my experience with taxr.ai after asking about it earlier. I finally gave it a try with my complicated inherited property situation and was honestly shocked at how helpful it was. I uploaded my previous tax returns and some documentation about the partial business use of my rental property, and the analysis I got back was incredibly detailed. It actually showed me how to properly separate the business portion from the residential rental for QBI purposes and provided specific IRS references for my situation. The documentation templates they provided for tracking hours made it super clear what counts and what doesn't. Definitely worth checking out if you're in a similar situation with rental properties and QBI questions!
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Diego Rojas
I had a nightmare situation with the IRS questioning my rental property deductions last year. After dozens of calls where I couldn't get through to anyone, I found this service called Claimyr that actually got me connected to a real IRS agent in less than 45 minutes. I was initially calling about my QBI deduction for my rental properties that got flagged, and was getting nowhere with the regular IRS number. With https://claimyr.com I finally got through and was able to discuss my situation with someone who helped resolve the issue. They have a video showing how it works at https://youtu.be/_kiP6q8DX5c if you're curious. Given how difficult it is to get clear answers about rental property tax questions directly from the IRS, this was a game-changer for me. The agent I spoke with actually clarified the 250-hour requirement and helped me understand how to properly document my rental activities.
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Anastasia Sokolov
•How does this actually work? The IRS phone lines are notoriously impossible to get through. Is this just another paid service that puts you on hold for hours, or does it actually do something different?
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Sean O'Donnell
•Sounds like a scam honestly. Nobody can magically get through to the IRS faster than anyone else. They probably just charge you to wait on hold like everyone else, and you're paying for nothing. Did you actually get your issue resolved or just talk to someone who couldn't help?
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Diego Rojas
•It uses a system that continuously redials and navigates the IRS phone tree for you. Once it gets through to an agent, it calls you and connects you directly. I didn't have to sit on hold at all - I just went about my day until my phone rang. Yes, I actually got my issue resolved. The IRS agent I spoke with reviewed my situation regarding the QBI deduction for my rental properties and confirmed that I was correctly applying the safe harbor rules. They also sent me documentation about the 250-hour requirement that clarified exactly what activities count, which saved me from continuing to make documentation mistakes.
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Sean O'Donnell
I need to admit I was wrong about Claimyr. After posting my skeptical comment, I decided to try it myself since I've been trying to reach the IRS for weeks about my rental property tax situation. The service actually worked exactly as described - I got a call back within 40 minutes connecting me to an actual IRS representative. The agent was able to explain exactly how the QBI deduction applies to my rental properties and clarified that I don't need to meet the 250-hour requirement because my situation qualifies under a different provision. This completely changed my tax approach and saved me hours of stress trying to document activities that weren't even necessary in my case. I wouldn't have known this without speaking directly to an IRS agent, and I would never have reached one without this service.
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Zara Ahmed
One thing nobody has mentioned yet is that rental real estate can qualify as a business for QBI purposes even WITHOUT meeting the 250-hour requirement if it's part of a "commonly controlled group." If your parents have any other businesses (even small ones), and they own at least 50% of both the business and the rental properties, there's a provision that might allow the rentals to be considered part of that business enterprise - especially if the properties are used in connection with the business in any way. This is a complex area but might be worth exploring if they can't meet the hour requirements. I've used this approach with several of my rental properties.
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Ravi Sharma
•That's really interesting and something I hadn't considered! They don't have any other businesses currently, but my uncle did have a small consulting practice until 2023 that operated as a sole proprietorship. Would that potentially have qualified for previous tax years when both were active? Also, just to clarify - these are residential rentals unrelated to any business activities.
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Zara Ahmed
•For previous tax years when the consulting practice was active, it's possible there could have been a connection, but with residential rentals unrelated to the business activities, it's much harder to make that case. The commonly controlled group strategy works best when there's some functional relationship between the properties and the business. For purely residential rentals with no connection to another business, you're generally looking at either qualifying under the 250-hour safe harbor or meeting the general "trade or business" standard under Section 162. The latter requires showing that the rental activities are regular, continuous, and substantial enough to constitute a business rather than just an investment.
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StarStrider
Has anyone successfully passed an IRS audit while claiming QBI deductions on just 2-3 residential rentals? I'm in a similar situation and wondering what documentation actually satisfied the IRS. My CPA says we need detailed logs showing exactly what was done each day but that seems excessive for managing a couple properties.
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Luca Esposito
•I went through an audit last year on exactly this issue. What worked for me was keeping a simple spreadsheet with columns for date, property address, activity description, time spent, and notes. I also kept all receipts for materials purchased, copies of communications with tenants, and maintenance records. The IRS actually accepted this documentation without issue. They're mainly looking for reasonable proof the hours were actually spent, not a minute-by-minute breakdown.
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Melina Haruko
This is a great question that many rental property owners face. I'd strongly recommend being conservative with the QBI deduction if you can't clearly document the 250 hours annually. A few additional points to consider: The IRS has been increasingly scrutinizing rental property QBI deductions, especially for smaller portfolios. With just 2 properties, reaching 250 hours of qualifying activities can be challenging unless your aunt and uncle are very hands-on with property management, maintenance, and tenant interactions. For documentation going forward, I'd suggest starting a contemporaneous log immediately. Include activities like property inspections, tenant communications, maintenance work, showing properties to prospective tenants, and any repair supervision. Don't try to recreate historical logs - that could backfire in an audit. If they can't meet the 250-hour safe harbor, they might still qualify under the general Section 162 "trade or business" test, but this is much more subjective and riskier. The IRS looks at factors like regularity, continuity, and whether the activity is conducted with a profit motive in a businesslike manner. Given their age and the recent change in tax preparers, it might be worth consulting with a tax professional who specializes in rental property taxation to review their specific situation. The potential tax savings need to be weighed against the audit risk and documentation burden.
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