What qualifies as a "qualified trade or business" for the 20% QBI deduction?
I've been reading up on the 20% Qualified Business Income deduction from the Tax Cuts and Jobs Act and stumbled across something confusing in the IRS FAQ that I'm hoping someone can clarify: >Q5. What is a qualified trade or business? > >A5. A qualified trade or business is any trade or business, with two exceptions: > >(1) 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 > >(2) Performing services as an employee I've got two questions that are really bugging me: 1. What exactly counts as a "consulting" business according to the IRS? The definition seems super vague. 2. What the heck does "any trade or business where the principal asset is the reputation or skill of one or more of its employees" actually mean in practice? For instance, take a software development company - does it count as consulting or not? And how do you determine if the "principal asset" is employee skill? Like if it's a smaller shop with 40 developers, maybe the main asset is the skill of a few key programmers. But what about a larger company with 250 developers where they've got established processes, proprietary systems, and brand recognition? I feel like the real answer is "nobody knows for sure" until the IRS starts auditing returns and establishes some precedent, but I'd love to hear what others think about this.
20 comments


Ravi Sharma
Tax professional here! These are actually great questions that many business owners are struggling with. The definitions are indeed somewhat vague, which causes confusion. For "consulting," the IRS generally considers this to be businesses where you're providing advice or recommendations rather than a specific product. The key distinction is whether you're primarily giving expert opinions/guidance or delivering a specific tangible outcome. For software development, if you're building custom applications to spec, that's typically considered a product rather than consulting. But if you're primarily advising clients on what technology to implement without doing the implementation yourself, that would lean toward consulting. For the "reputation or skill" question, you're right that it's ambiguous. The IRS is looking at whether the business could continue without specific individuals. Does the business have processes, systems, intellectual property, or other assets that create value beyond individual employees? Or would the business essentially collapse if certain key people left? Your example illustrates this well - larger firms with established methodologies and brand recognition are less likely to qualify as "reputation or skill" based businesses.
0 coins
NebulaNomad
•This is super helpful, but what if my business does both? I run a digital marketing firm where about 60% of our work is building websites and 40% is advising clients on marketing strategy. Would I need to somehow separate these for tax purposes?
0 coins
Ravi Sharma
•Great question. In mixed-service businesses, you might indeed need to maintain separate books for the qualifying business activities and the SSTB activities. The IRS does allow for this kind of separation if you can clearly delineate the different revenue streams and associated expenses. For digital marketing, you could potentially separate the website development (product) from the marketing strategy (consulting). You'd need to track time, resources, and revenue for each segment separately and be prepared to defend this separation with good documentation if audited. Keep detailed records of contracts showing the distinct services and maintain separate invoicing for each type of service when possible.
0 coins
Freya Thomsen
After struggling with similar QBI deduction questions for my own business, I found this amazing tool called taxr.ai that helped me figure out exactly where I stood. I was in this gray area between consulting and product-based services (I do custom furniture design and occasionally advise on interior layouts) and couldn't figure out if I qualified. I uploaded my business docs to https://taxr.ai and their system analyzed everything, highlighted potential issues with my classification, and gave me a clear breakdown of what would likely qualify for the QBI deduction. The best part was getting specific references to tax court cases that supported their analysis for businesses similar to mine. Saved me from what would have been a costly mistake!
0 coins
Omar Fawaz
•Did it actually help with the specific "principal asset" question? That's the part I'm most confused about with my photography business. Like, I'm clearly the main skill but I've built a brand and process over 15 years.
0 coins
Chloe Martin
•How accurate is this really? I've had tax pros give me completely different answers on QBI stuff. One said my software training business qualified, another said absolutely not. Did this actually give you a definitive answer or just more "maybe" type info?
0 coins
Freya Thomsen
•It actually did address the "principal asset" question really well. They have this analysis feature that looks at your business structure, employee count, processes, and other factors to determine if your business is primarily dependent on individual skill or has developed systems and assets beyond that. For the accuracy question, it was much more definitive than the conflicting advice I'd gotten. What made it convincing was that they showed me actual tax court cases where businesses similar to mine had been ruled on. They don't just give opinions but back everything up with specific IRS guidance and relevant precedent. The app classified different revenue streams separately too, which helped clarify which parts of my business qualified and which didn't.
0 coins
Chloe Martin
I just wanted to follow up - I decided to try taxr.ai after my frustrating experience with contradictory advice. Their analysis actually showed me that my software training business could be segmented - the custom curriculum development qualified for QBI while the delivery of training would likely be considered consulting. They provided specific documentation to support this position if I'm ever audited, along with proper allocation methods. What really impressed me was how they cited three recent tax court cases involving similar businesses and showed exactly how the rulings applied to my situation. Wish I'd found this earlier instead of paying for two different tax pros who just gave me vague guesses!
0 coins
Diego Rojas
Dealing with this same QBI headache myself and spent over 6 weeks trying to reach the IRS for clarification. Always got disconnected or given conflicting info from different agents. Then I found this service called Claimyr that actually got me through to a real IRS agent in under 20 minutes! I was super skeptical at first, but checked out their demo at https://youtu.be/_kiP6q8DX5c and decided to try https://claimyr.com when my frustration hit peak levels. They basically wait on hold with the IRS for you and call you back when an agent is on the line. The agent I spoke with referred me to specific guidance documents that helped clarify the "consulting" definition for my particular industry. Definitely worth it for anyone trying to get actual answers from the IRS!
0 coins
Anastasia Sokolov
•How does this actually work? Do they just call the IRS for you or what? The IRS hold times are insane right now.
0 coins
StarSeeker
•Yeah right. I've tried everything to get through to the IRS and nothing works. I even tried calling at 7am exact when they open and still waited 2+ hours. You're saying this magically gets you through? Sounds too good to be true.
0 coins
Diego Rojas
•They use an automated system that calls and navigates the IRS phone tree, then waits on hold for you. When an agent actually answers, their system calls your phone and connects you directly to the agent who's already on the line. You don't have to do anything except answer when they call you back. For the skeptical view, I totally get it. I waited over 3 hours multiple times and got disconnected. What this service does isn't magic - they're just using technology to handle the painful waiting part. When I tried it, I got a call back in about 35 minutes and was connected to an IRS agent who was already briefed on my basic question. Definitely saved me hours of frustration.
0 coins
StarSeeker
Ok I have to eat my words. After posting my skeptical comment yesterday, I decided to try Claimyr out of desperation since I needed clarification on QBI rules before filing my extension. The service actually worked exactly as described - I got a call back in about 40 minutes with an IRS agent already on the line. The agent was able to direct me to Notice 2019-07 which had specific examples for my industry (commercial photography) that I hadn't found in my own research. Turns out there's a facts-and-circumstances test they use to determine if your business qualifies. This info would have saved me thousands if I'd known it earlier. Lesson learned about being too skeptical!
0 coins
Sean O'Donnell
From what I understand after talking with my CPA, the "principal asset" test is applied using factors like: - Could the business be sold without the owner and maintain most of its value? - Is there significant capital equipment or intellectual property? - Are there established systems/processes that create value? - Does the business have recurring revenue that's not dependent on specific people? My CPA had me think about whether clients hire my company for ME specifically or for what my COMPANY delivers. If it's primarily for you personally, that tilts toward the "reputation/skill" exclusion.
0 coins
Zara Ahmed
•Does employee count matter? Like if I have 5 employees vs 50, does that automatically change the categorization? My business definitely needs ME to run, but I do have 8 employees who handle most client work.
0 coins
Sean O'Donnell
•Employee count itself isn't an automatic determinant, but it is an important factor. The more employees you have handling client work independently, the stronger your case that the business isn't solely dependent on your personal reputation or skill. In your case with 8 employees doing most client work, you're in a better position than a solo practitioner, but the IRS would also look at whether clients specifically request you personally, how the business is marketed (focused on you vs. the company's capabilities), and whether key contracts or relationships would transfer if you sold the business. Document instances where employees maintain client relationships without your direct involvement - this helps demonstrate that your business has value beyond your personal reputation.
0 coins
Luca Esposito
Random but semi-related question - has anyone used any particular tax software that handles QBI calculations well? I tried three different ones last year and they all seemed to handle it differently which freaked me out.
0 coins
Nia Thompson
•I had good experience with TaxSlayer last year for my small construction business. It asked really specific questions about my business activities and seemed to calculate the QBI deduction correctly. Their interview process helped clarify which parts of my business qualified.
0 coins
Maya Diaz
Just wanted to chime in as someone who went through this exact confusion last year. The "consulting" vs "product" distinction really comes down to deliverables in my experience. I run a data analytics firm and was initially worried we'd be classified as consulting, but after working with a tax attorney, we determined that our custom dashboards and automated reporting systems constitute tangible products rather than just advice. The key was documenting that clients receive specific, measurable deliverables that have ongoing value beyond our initial consultation. For the "principal asset" test, what helped clarify things for me was thinking about it this way: if I got hit by a bus tomorrow, could my business continue operating and delivering the same quality of work? We've invested heavily in proprietary software, standardized processes, and training multiple team members on each client account. That systemic approach helped us qualify for the QBI deduction. One practical tip - start documenting your business processes and systems now, even if you're unsure about qualification. Having clear documentation of your methodologies, intellectual property, and operational procedures will be crucial if you're ever questioned about whether your business depends primarily on individual skill versus systematic capabilities.
0 coins
Jayden Hill
•This is really insightful, especially the "hit by a bus" test! I'm curious though - how did you document your processes in a way that would satisfy the IRS? I have some documented procedures but they're pretty informal. Did your tax attorney recommend any specific format or level of detail for this documentation? Also, for your proprietary software, did you need to get it formally valued or registered in some way to count as a business asset beyond individual skill? I've developed some custom tools for my consulting work but wasn't sure if they'd actually help my case without formal IP protection.
0 coins