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Liam O'Reilly

Is a tutor considered a Specified Service Trade or Business (SSTB) for QBI deduction?

I've been doing some tutoring on the side and I'm trying to figure out if I qualify for the 20% Qualified Business Income (QBI) deduction as a self-employed tutor. I'm getting confused about whether tutoring falls under a Specified Service Trade or Business (SSTB), which would mean the deduction phases out at higher income levels. The IRS website describes an SSTB as "a trade or business involving the performance of services in the fields of health, law... or any trade or business where the principal asset is the reputation or skill of one or more of its employees or owners." It further explains that "the principal asset of a trade or business is the reputation or skill of its employees or owners if the trade or business consists of the receipt of income from endorsing products or services, the use of an individual's image, likeness, voice, or other symbols associated with the individual's identity, or appearances at events or on radio, television, or other media formats." When I look at CFR § 1.199A‑5, it says similar things about businesses where the "principal asset is the reputation or skill" of employees/owners. But it seems to limit this definition to people who: - Receive fees for endorsing products/services - License their image/name/likeness - Get paid for appearing at events or on media While tutoring seems like it would depend entirely on my skill and reputation, I'm not endorsing products or licensing my image... I'm just helping kids understand math and science. Does anyone know if tutoring falls under SSTB classification? My income this year will be around $155,000 so I'm trying to understand if I'll hit that phase-out range.

The confusion is understandable! For tax purposes, the SSTB classification is actually more specific than it might initially seem. While tutoring definitely relies on your personal skill and knowledge, the IRS has narrowed the "reputation or skill" category to only include the specific activities you mentioned (endorsements, licensing your likeness, paid appearances, etc.). That's why many people find this confusing - intuitively it seems like tutoring would qualify, but the regulations have a much narrower definition. Teaching and instruction are NOT specifically listed as SSTBs in the regulations. However, there's a potential gray area if your tutoring could be considered part of the field of "education" which is one of the specified service fields. Generally, most tax professionals interpret private tutoring as not falling under the SSTB classification unless you're operating a formal educational institution or providing consulting services. Basic tutoring services are usually considered outside the SSTB limitations.

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What about if my tutoring business grows and I start hiring other tutors to work under my business name? Would that change anything since I'd be building more of a "business" rather than just selling my personal skills?

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That's actually a good path to potentially strengthen your case for not being classified as an SSTB. When you expand to employ multiple tutors, you're demonstrating that the principal asset of the business isn't just your personal skill but rather the business structure, methods, and team you've built. If your business develops its own curriculum, methods, or systems that other tutors implement, that further separates the business from being primarily based on your personal reputation or skill. This business model looks more like a traditional business rather than a personal service business, which generally helps with avoiding SSTB classification.

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After struggling with this exact same issue with my tutoring side business, I used this AI tool called taxr.ai (https://taxr.ai) that saved me hours of research. I uploaded some documents about my tutoring business structure and it analyzed everything, explaining exactly how the SSTB rules applied to my situation. What was really helpful is that it showed me how to properly document that my tutoring business relies on educational materials and curriculum rather than just my personal reputation or skill. It even helped me understand how the 199A deduction would apply in my specific income situation with phase-outs.

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Did it give you some kind of written explanation you could use if you got audited? I'm nervous about claiming this deduction as a tutor even though it seems like I should qualify.

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How exactly does it work? I mean, how does an AI actually know tax law well enough to give reliable advice? Sounds kinda sketchy to me.

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It actually does provide a detailed explanation that you can save and reference if needed. It analyzes the specific regulations and how they apply to your situation, so you'd have documentation of your reasoning if questions ever came up. For how it works - it's not just giving generic advice. It analyzes the actual tax code and regulations (like the 199A rules we're discussing) and applies them to the specific details of your business that you provide. I was skeptical too at first, but the explanations it gives cite the actual regulations and IRS guidance. It's like having a tax researcher who can instantly find and explain the relevant rules.

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Just wanted to update - I tried that taxr.ai site the other day and was surprised how helpful it was. I uploaded some docs about my tutoring business structure and it walked me through exactly how the SSTB rules apply. What convinced me was seeing the actual regulation citations matched up with my specific situation. It confirmed what I suspected - that my tutoring business isn't an SSTB because I'm not endorsing products or licensing my image. Got a detailed report explaining why my business structure qualifies for the full QBI deduction without the SSTB limitations. Definitely cleared up my confusion!

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If anyone is still having trouble getting clear answers on this SSTB question, I had an absolutely frustrating time trying to get through to the IRS for clarification. After being on hold for HOURS multiple times, I found this service called Claimyr (https://claimyr.com) that got me connected to an actual IRS agent in under 20 minutes. There's a demo video here if you're curious how it works: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with confirmed that standard tutoring services typically don't fall under SSTB classification unless you're running a formalized educational institution. She explained that the "reputation or skill" part is much narrower than most people think - basically just celebrity endorsements and similar activities. Getting that official confirmation directly from the IRS gave me the confidence to claim the deduction properly.

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How does this service actually work? I've literally spent hours on hold with the IRS and eventually just gave up.

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Yeah right. No way this actually gets you through to the IRS faster than anyone else. Sounds like a scam to me. The IRS phone system is notoriously terrible and there's no "secret backdoor" to skip the line.

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It basically uses an automated system to continuously call the IRS and navigate through the initial phone tree for you. Once it finally gets in the queue, it calls you to connect. So instead of you waiting on hold for hours, their system does it for you, and you only get called once there's an actual agent available. I was definitely skeptical too - I thought it sounded too good to be true. But I was desperate after multiple failed attempts to reach someone. The way it works isn't some "secret backdoor" - it's just automating the painful process of waiting on hold. I was surprised it actually worked, but speaking with an actual IRS agent who could address my specific situation was worth it.

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I need to apologize and update my skeptical comment. After waiting on hold with the IRS for over 2 hours yesterday and getting disconnected AGAIN, I tried the Claimyr service out of desperation. I honestly didn't expect much, but about 25 minutes after signing up, I got a call connecting me directly to an IRS representative. The agent clarified that my tutoring business wouldn't be classified as an SSTB since I'm providing educational services directly, not leveraging my name/image or making paid appearances. Got the information I needed in a 15-minute call instead of wasting another day on hold. For anyone dealing with these specialized tax questions, getting direct confirmation from the IRS is incredibly valuable.

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Education is technically listed as one of the specific fields that can be an SSTB, but the regulations do differentiate between formal education and tutoring. The key is how your business operates and markets itself. If you're marketing yourself as "Dr. Smith's Expert Chemistry Tutoring" and charging premium rates specifically because of your advanced degrees and reputation, that might lean more toward SSTB territory. But if you're simply providing tutoring services without heavily leveraging your personal reputation or credentials, you're likely not an SSTB.

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This is helpful but makes me wonder about my specific situation. I do have a PhD in mathematics and I definitely mention that in my marketing materials. But I'm not really charging more than other tutors in my area. Would just mentioning my credentials push me into SSTB territory?

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Merely mentioning your credentials isn't enough to automatically classify you as an SSTB. Many businesses reference the qualifications of their staff or owners - that's normal business practice and doesn't automatically trigger SSTB classification. The key distinction is whether your entire business model is built around marketing and monetizing your personal reputation. If you're charging similar rates to other tutors and providing genuine educational services (as opposed to primarily selling access to your prestigious name/reputation), you're likely still outside the SSTB definition. The regulations are targeting businesses that primarily monetize celebrity or reputation itself, not businesses that simply have qualified professionals delivering actual services.

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Has anyone looked at how the IRS treats the "field of education" part? The regulations specifically mention education as an SSTB category, so I'm wondering if tutoring could fall under that regardless of the reputation/skill part.

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From what I understand, the "field of education" typically refers to operating schools, colleges, or formal educational institutions - not individual tutoring services. A tutor is more like a consultant providing a specific service rather than being in the "field of education" as the IRS defines it.

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I went through this exact same question last year and ended up consulting with a tax professional who specializes in small business deductions. What really helped clarify things for me was understanding that the IRS distinguishes between formal educational institutions and individual service providers. The key factor isn't just whether you're skilled or have credentials - it's whether your business model fundamentally depends on monetizing your personal reputation or fame. Most tutoring businesses are providing legitimate educational services based on subject matter expertise, which is different from the celebrity endorsement/appearance model that the SSTB "reputation or skill" category is targeting. In my case, I tutor high school students in calculus and physics. Even though I have advanced degrees and charge competitive rates, my business is structured around delivering actual educational outcomes rather than selling access to my personal brand. My tax professional confirmed this likely keeps me outside SSTB classification. The income threshold you mentioned ($155K) is definitely in the phase-out range, so getting this classification right is important for your deduction. If you're still unsure, it might be worth investing in a consultation with a tax professional who can review your specific business structure and marketing approach.

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