VIEWpoints-Issue 1-2026 | Page 4

Real Estate Tax Rules Explained: Material Participation, Qualified Business Income and Net Investment Income Tax

Real estate tax outcomes often hinge on three separate rule sets that people accidentally mix together:

01

PASSIVE ACTIVITY LIMITS( SECTION 469)

02

QUALIFIED BUSINESS INCOME( QBI) DEDUCTION

03

NET INVESTMENT INCOME TAX( NIIT)
A small mistake can change whether a loss is usable this year, income qualifies for a potential 20 % deduction or if a 3.8 % surtax applies, so it’ s important to understand each rule to avoid a costly impact.
Learn more about these rules to ensure you take the best strategic step forward.
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