RP-2019-38 - safe harbor for rental real estate businesses

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IRS GuideWire Sept. 24, 2019

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Issue Number:    RP-2019-38

Inside This Issue

Revenue Procedure 2019-38 provides a safe harbor under which a rental real estate enterprise will be treated as a trade or business for purposes of section 199A of the Internal Revenue Code (Code) and §§ 1.199A-1 through 1.199A-6 of the Income Tax Regulations (26 CFR Part I).  The safe harbor provided by this revenue procedure applies solely for purposes of section 199A.  If an enterprise fails to satisfy the requirements of this safe harbor, it may be treated as a trade or business for purposes of section 199A if the enterprise otherwise meets the definition of trade or business in § 1.199A-1(b)(14). 

Revenue Procedure 2019-38 will be published in IRB 2019-42 on Oct. 15, 2019

 

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