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Which of the following will NOT be recognized by the safe harbor as a rental real...

Which of the following will NOT be recognized by the safe harbor as a rental real estate activity rising to the level of a trade or business?

A. Separate books and records are maintained for each rental activity.

B. Commercial and residential real estate are both part of the same enterprise.

C. 250 hours or more of "rental service" are performed per year with respect to the rental activity.

D. The taxpayer maintains contemporaneous records, including time reports among other items.

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Answer #1

Answer is option B

B. Commercial and residential real estate are both part of the same enterprise

According to 199A, a rental enterprise is referred to an interest in real property that is only owned for renting or leasing. an interest in multiple properties is a part of rental enterprise. Thus,  each property should be treated as a separate enterprise, or all similar properties should be treated as a single by the owner. In this way, Commercial and residential real estate are not part of the same enterprise.

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