In October 2018 Ed Horan submitted commentary ( requesting Treasury clarify that rental property owners will qualify for the new 199A deduction. His comments were also picked up by TAX NOTES, a national tax news service.

With the final 199A regulations, Treasury also issued Notice 2019-17 ( which is a proposed revenue procedure that provides for a safe harbor under which a rental real estate enterprise will be treated as a trade or business solely for purposes of the new section 199A. Treasury acknowledged the issue is the subject of uncertainty for some taxpayers. Glad they are listening to Ed Horan!