However, the rental income is specified service income because Partnership B is an SSTB
and the two partnerships are commonly owned.
taint of otherwise qualified activity: The preamble to the final regulations clarifies that an activity generally could be its own separate activity where it has its own separate books and records and has its own employees or follows any other fact pattern showing that the activity is a separate business.
The activity is an SSTB
if the trade or business is in one of the following areas with respect to the performance of services:
The act also said an SSTB
is any business "where the principal asset is the reputation or skill of one or more of its employees or owners." That provision left many business owners scratching their heads, as the skills and reputations of business owners and their employees are important assets to many businesses.
Qualified trades or businesses do not include specified service trades or businesses (SSTBs
Specified service trades or businesses: A large part of the preamble to the final regulations was devoted to comments received on SSTBs
. Apart from a few clarifications in the definitions, the final regulations did not adopt these comments.
If professionals derive income from rentals of property to their partnerships, proposed regulations help to clarify when the income is or is not treated as an SSTB
. In general, an SSTB
includes any trade or business that provides 80% or more of its property or services to an SSTB
if there is 50% or more common ownership [determined under IRC sections 267(b) and 707(b)].
On April 18, Peach imaged a light spot in the centre of the SSTB
at an approximate L3= 46[degrees].
469 (the passive loss provision) and instead adopted a flexible method that looks into common ownership, shared services, and other commonality, but specifically excludes SSTBs
from being aggregated.
In addition, the deduction is limited for taxpayers engaging in certain specified service trades or businesses (SSTBs
) who have income above the $160,700 threshold.
A bright-line de minimis rule is provided for businesses that have partial SSTB
The W-2 wage limitations and the exclusion from QBI for qualified amounts from SSTBs
do not apply to taxpayers with taxable income under a threshold amount of $157,500 for a single filer or $315,000 for joint returns.