Real Estate 199A Aggregation and 469 Grouping Rules: Notice 2019-38, Real Estate and Safe Harbor Election
Recording of a 110-minute CPE webinar with Q&A
This course will discuss strategies for real estate professionals, agents, and investors. The release of final Section 199A regulations provided guidelines for the 20 percent QBI deduction and Notice 2019-38 provided a safe harbor that qualifies rental real estate to be treated as a trade or business. The panel will explain 199A and the final regulations, depreciation, grouping under Section 469, aggregating properties under 199A, deductible expenses, and planning techniques for real estate owners.
Outline
- 199A and the safe harbor
- Aggregation and 199A
- Grouping under Section 469
- 163(j) interest limitation
- Depreciation
- Deductible expenses
- Best practices for real estate enterprises
Benefits
The panel will review these critical issues:
- Meeting the trade or business safe harbor
- Aggregating real estate properties under 199A
- Grouping properties to materially participate
- Maximizing the higher depreciation thresholds
- Maximizing the 20 percent QBI deduction
Faculty

Brian T. Lovett, CPA, JD
Partner
Withum Smith+Brown
Mr. Lovett has extensive experience serving the tax needs of both public companies and closely-held businesses,... | Read More
Mr. Lovett has extensive experience serving the tax needs of both public companies and closely-held businesses, including all aspects of tax compliance for partnerships and corporations. He advises clients with regard to the structure and tax consequences of new business ventures, and assists with restructuring existing businesses for increased tax efficiency. Prior to joining his firm, he was with a “Big 4” accounting firm, working closely with large, multinational real estate investment companies.
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Ajay Gupta
Of Counsel
Moore Tax Law Group
Mr. Gupta is a tax litigation and criminal defense attorney with extensive private practice, government, and adjunct... | Read More
Mr. Gupta is a tax litigation and criminal defense attorney with extensive private practice, government, and adjunct teaching experience. At large and small law firms in California, he managed complex business litigation at trial and appeal stages. As a Special Assistant U.S. Attorney in the Northern District of Georgia, Mr. Gupta prosecuted violent and white-collar crimes. As an Attorney-Adviser at the U.S. Tax Court in Washington, D.C., he supported judicial review and resolution of deficiency redetermination, collection due process, and whistleblower actions. As Adjunct Professor of Law at DePaul, Chicago-Kent, and U. of Houston law schools, Mr. Gupta teaches civil and criminal tax litigation courses. Many of his publications have been cited in court opinions, journals, and treatises.
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Kira Wheat
Senior Tax Manager
HHM
Ms. Wheat brings over 17 years of experience to the firm’s tax practice. As a senior tax manager, she assists... | Read More
Ms. Wheat brings over 17 years of experience to the firm’s tax practice. As a senior tax manager, she assists high net worth and closely held business clients in the areas of tax consulting, tax compliance and tax planning. Ms. Wheat is also involved in staff and project management, business development and billing.
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