Yesterday the IRS issued final regulations providing a safe harbor for Rental Property activities, allowing them to be treated as a ‘trade or business under the new Trump Tax Law changes. For me, all this did was create more questions. Apparently, as long as your rental property meets all the necessary requirements of new code section 199A, it can be treated as a business, but even if it doesn’t, it can still be treated as a business if it otherwise meets the definition of a trade or business provided in code section 1.199A-1(b)(14). IRS double-speak?? Kinda sounds like it to me. As I read more about this, perhaps it will become clear why they have gone to the trouble of creating ‘safe harbor’ rules.

To learn more, you can Google Revenue Procedure (Rev Proc) 2019-38, or call Fisher Tax at 602-456-9878, or get on our mailing list to receive our newsletter. Go to and sign up today.

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