https://www.greenbushfinancial.com/rental-income-will-taxes-2018/
Tax reform will change the way rental income is taxed to landlords beginning in 2018. Under current law, rental income is classified as “passive income” and that income simply passes through to the owner’s personal tax return and they pay ordinary income tax on it. Beginning in 2018, rental income will be eligible to receive the same preferential tax treatment as the “qualified business income” (QBI) for small business owners.
20% Deduction
Starting in 2018, taxpayers with qualified business income (including rental income), may be eligible to take a tax deduction up to 20% of their QBI. Determining whether or not you will be eligible to capture the full 20% deduction on your rental income will be based on your total taxable income for year. The taxable income thresholds are as follows:
Single filers: $157,500
Married filing joint: $315,000
“Total taxable income” is not your AGI (adjusted gross income) and it’s not just income from your real estate business or self-employment activities. It’s your total taxable income less some deductions. The IRS has yet to provide us with full guidance on the definition of “total taxable income”. For example, let’s assume you have three rental properties owned by an LLC and you net $50,000 in income from the LLC each year. But your wife is a lawyer that makes $350,000 per year. Your total taxable income for the year would be $400,000 landing you above the $315,000 threshold.
Turbotax:
說了3個條件（沒說具體管理時間）。還說一般是qualified business。
What is a qualified business?
Beginning in 2018, taxpayers may receive a tax deduction of up to 20% of "qualified business income" (QBI). In order for income to be eligible for this deduction, there are a few criteria that must be met. If the activity doesn't meet these criteria, it won't be eligible for this deduction, meaning your taxes will probably be higher. (However, in cases where an activity generates a loss for tax purposes, then being eligible for this deduction might actually increase your taxes since it could reduce the deduction you're eligible for from other activities.)
1) The activity must be a "trade or business." Unfortunately, there is no specific test of what qualifies as a trade or business. The basic definition established by the courts is that an activity must be carried on with the primary intent of making a profit, as well as with regularity and continuity. (More on this later.)
2) The activity must be US-based. If your business sells products or provides services in the United States, the profits (or losses) from this business are generally US-based. Goods sold abroad and services provided abroad will generally also count as US-based if they are delivered from a US base of operations to a country where the business has no base of operations.
3) The income must not be "wages." For purpose of this test, wages generally includes all payments you receive as an official employee of a business (i.e. wages reported on a W-2). However, there are two special cases. If you're a statutory employee (indicated by the "statutory employee" box on line 13 of your W-2 being checked), then the income from the statutory W-2 is not considered wages for QBI purposes. Also, in some cases payments you receive from a former employer may be treated as wages even if that employer no longer consider you an employee. If this business includes payments received from a company that employed you in the last three years, then those payments might be considered wages by the IRS.
How much "regularity and continuity" is necessary for an activity to be treated as a "trade or business?"
In some cases, this can be a tough question to answer.
Generally, if you're providing services or selling products with the intent to make a profit, and you're reporting this as "Business" or "Self-employment" income (Schedule C) or "Farm" income (Schedule F), this is going to be treated as a regular and continuous business eligible for the QBI deduction. If you receive payment for a "one off" or very occasional service, and you report this as "other income" rather than a self-employment or business activity, this would not be considered a qualified business.
However, if you are renting out property or receiving royalties from an investment that are reported on Schedule E (or in some cases related to farm rentals, Form 4835), the question of whether this is a "trade or business" is often not clearly answered by the IRS. There is one instance where this type of activity is definitely a trade or business. Rents or royalties that are paid to a trade or business that is also at least 50% owned by the same person (or people) who owns the property generating the rents or royalties are automatically defined as a trade or business.
Outside of that specific situation, here are some guidelines for what types of rental or royalty activities are considered a trade or business. If you are renting property that requires very infrequent interaction with the tenants and maintenance to the property, the courts have generally found this type of activity is not a "trade or business". On the other hand, if you rent out property that requires frequent tenant interactions or maintenance services, this type of activity is generally classified as a "trade or business." (See examples later of activities that would or would not typically be treated as trades or businesses.)
There is considerable uncertainty about whether a small-scale, long-term rental of a single property or small number of properties is a "trade or business." This applies to the relatively common situation where a taxpayer owns a single rental home or two, and has relatively stable tenants that generally stay for a year at a time or more. Numerous court cases exist where situations meeting this description have been considered a "trade or business," and others where similar situations have not been considered a "trade or business."
