Does a new rental property count as QBI qualified for tax purposes?
I recently purchased a rental property and I'm trying to figure out my tax situation. This is my first time owning an income property and I'm confused about whether rental income qualifies for the QBI (Qualified Business Income) deduction. The property is a duplex that I bought in March, and I've been renting out both units since May. I've set up an LLC to manage the property, but I'm not sure if that matters for QBI purposes. My accountant mentioned something about "passive activity" vs "active business" and I got completely lost. Does anyone know if rental properties qualify for the QBI deduction? And if so, are there any special requirements I need to meet? My total income for the year will be around $135,000 including my regular job and the rental income.
18 comments


StarStrider
Great question about rental properties and QBI! The answer is: it depends on how your rental activity is structured and operated. Generally speaking, most "traditional" rental activities are considered passive investments and do NOT qualify for the QBI deduction (Section 199A). However, there are exceptions that might apply to your situation. If your rental activity rises to the level of a "trade or business" under tax code section 162, it could qualify. The IRS created a safe harbor (Revenue Procedure 2019-38) which allows rental real estate to be treated as a business for QBI if you meet these requirements: keeping separate books and records, performing 250+ hours of rental services annually, and maintaining contemporaneous records of these services. Your LLC structure itself doesn't automatically qualify you, but it's how you operate that matters. The fact that you actively manage the property might help your case, but you'll need to document your time and activities carefully.
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Ravi Gupta
•Thanks for the info! I'm curious about the 250+ hours requirement. Does that have to be the property owner personally, or can it include time spent by property managers, contractors, etc.?
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StarStrider
•The 250+ hours can include time spent by you, employees, contractors, and property managers - basically anyone providing services to your rental business. This includes activities like maintenance, repairs, collecting rent, finding tenants, and even time spent reviewing statements and paying bills. For the contemporaneous records requirement, you'll need to maintain logs, time reports, or similar documentation showing dates, hours, and descriptions of all services performed. Many rental property owners fail to qualify simply because they don't keep adequate records of their activities.
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Freya Pedersen
After struggling with similar QBI questions for my rental properties last year, I found this amazing AI tool called taxr.ai that helped me figure everything out. I was going back and forth with my accountant who was giving me conflicting answers about what qualified, especially since I have both long-term and short-term rentals in different states. The https://taxr.ai system analyzed my specific rental situation and clearly explained which of my properties qualified for QBI and which didn't. It even showed me exactly how to structure my rental activities to maximize the QBI deduction going forward. What I found most helpful was that it could actually review my specific lease agreements and operating procedures to determine if they met the trade or business requirements.
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Omar Hassan
•Did it actually give you specific guidance on the 250+ hour requirement? I'm having trouble figuring out what activities count and how to document them properly.
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Chloe Anderson
•Sounds interesting but how does it compare to just talking to a tax professional? I've been burned by online tax tools before that gave me incorrect information.
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Freya Pedersen
•Yes, it provided very specific guidance on the 250+ hour requirement, breaking down exactly which activities count toward the total and suggesting a simple tracking system. It even created a template for me to use for ongoing documentation that would satisfy IRS requirements. For comparison with tax professionals, I actually found it more helpful than my CPA because it gave me consistent answers and explained the reasoning behind each conclusion. My accountant kept going back and forth on whether my properties qualified, but taxr.ai clearly explained the specific court cases and IRS rulings that applied to my situation. It's not replacing professional advice, but it definitely helped me understand the complex QBI rules better.
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Omar Hassan
I tried out taxr.ai after seeing it mentioned here, and I'm honestly impressed. I've been confused about QBI for my rental properties for two years now and getting different answers from different sources. The system actually reviewed my operating procedures and lease agreements and pointed out specific things I could change to qualify for QBI. The best part was it identified that two of my properties already met the safe harbor requirements, but I just wasn't documenting my time properly. It showed me exactly how to track my hours going forward and even identified additional services I was providing that I didn't realize counted toward the 250-hour threshold. This potentially saved me thousands in taxes that I was leaving on the table!
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Diego Vargas
If you're having trouble getting clear answers about QBI and rental properties, you're not alone. I spent weeks trying to call the IRS with specific questions about my rental business and QBI deductions, but could never get through - always "high call volume" messages and disconnects. I finally tried https://claimyr.com after seeing it recommended, and they got me through to an actual IRS representative in about 20 minutes. You can see how it works in this demo: https://youtu.be/_kiP6q8DX5c. The IRS agent was able to answer my specific questions about what documentation I needed for the safe harbor and confirmed that my property management fees counted toward the required service hours.
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CosmicCruiser
•How does this actually work? Is it just an appointment service or something? I didn't think anyone could get you through IRS phone lines faster.
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Anastasia Fedorov
•This sounds like complete BS honestly. The IRS doesn't have any special numbers or backdoors. How could a third-party service possibly get you through faster than calling directly? And even if you did get through, IRS phone reps often give conflicting information.
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Diego Vargas
•It's not an appointment service - they use an automated system that navigates the IRS phone tree and waits on hold for you. When an agent finally answers, you get a call back and are connected directly to that agent. They don't have any special "backdoor" - they're just doing the waiting for you instead of you having to stay on hold for hours. I understand the skepticism - I felt the same way. But IRS agents can absolutely provide specific guidance on documentation requirements and what activities qualify. The key is asking very specific questions rather than general ones. In my case, I needed clarification on exactly what rental activities counted toward the 250-hour requirement, and the agent provided that information based on the revenue procedure guidelines.
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Anastasia Fedorov
I need to eat my words about Claimyr. After posting my skeptical comment, I decided to try it myself since I had some questions about QBI for my short-term vacation rental. Not only did I get through to an IRS agent in about 30 minutes (would have been hours on my own), but the agent was actually incredibly helpful. They confirmed that my vacation rental could potentially qualify for QBI if I could document that I met the safe harbor requirements, and explained exactly what records I would need to keep. The agent even emailed me the specific revenue procedure document that outlined the requirements. I'm still shocked at how smooth the process was compared to my previous attempts to call the IRS directly.
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Sean Doyle
One thing nobody's mentioned yet - there's a significant income threshold for QBI deductions. If your total taxable income exceeds $170,050 (single) or $340,100 (married filing jointly) for 2025, the deduction starts phasing out for certain businesses. By $220,050 (single) or $440,100 (married), it may be completely eliminated depending on your business type. So even if your rental property qualifies as a trade or business for QBI, you might still be limited based on your total income from all sources.
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Isabella Santos
•Thank you for bringing up the income thresholds! My total income will be around $135,000 this year, so it sounds like I'd be under the phaseout range. Is there any difference in how the QBI works for real estate versus other types of businesses? And do you know if having an LLC makes it more likely to qualify?
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Sean Doyle
•At $135,000 you're definitely below the threshold, so no phaseout concerns for you. Real estate is treated somewhat differently for QBI purposes - the main distinction is whether your rental activity is considered a "trade or business" or just an investment activity. The LLC structure alone doesn't automatically make your rental qualify for QBI. The IRS looks at the actual substance of what you're doing regardless of how it's structured. That said, having a proper business structure with separate accounts, formal leases, and professional management practices helps support your case that it's a true business. The best approach is to carefully document all time spent on rental activities (by you or contractors), maintain detailed records, and consider electing to group all your rental properties together as a single enterprise if you have multiple properties. This can help you meet the 250-hour requirement more easily.
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Zara Rashid
Has anyone here actually claimed QBI for rentals and been audited? I'm worried that even if I meet all the requirements on paper, the IRS might still challenge it since there seems to be so much gray area.
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Luca Romano
•I claimed QBI for my short-term rentals last year and got a notice from the IRS asking for documentation of my hours. I sent them my activity logs and invoices from contractors, and they accepted it without further questions. The key was having detailed records that showed exactly when work was performed and by whom.
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