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Post Date:  7/3/2019
Last Updated:  7/3/2019

Summary
Cross References
- IR-2019-115, June 18, 2019
- REG-118425-18
- Notice 2019-27

The IRS has issued more guidance under the 2017 Tax Cuts and Jobs Act (TCJA) and the Consolidated Appropriations Act of 2018 providing information on certain deductions to cooperatives and their patrons.

The guidance (REG-118425-18) is for cooperatives and their patrons on calculating the deduction for qualified business income (QBI deduction) and the deduction for domestic production activities for agricultural or horticultural cooperatives and their patrons. In addition, Notice 2019-27 contains a proposed revenue procedure providing guidance on methods for calculating W-2 wages for purposes of IRC section 199A(g).

The QBI deduction is available for tax years beginning after December 31, 2017, for taxpayers, including certain patrons of cooperatives, with income from a domestic business operated as a sole proprietorship, a partnership, S corporation, trust or estate. The QBI deduction is up to 20% of the qualified business income from the business. Some taxpayers may also be allowed a deduction up to 20% of qualified real estate investment trust dividends and publicly traded partnership income.

Patrons' deduction. Certain patrons who conduct business through cooperatives may be able to include patronage dividends and similar amounts they receive from those cooperatives to calculate their own QBI deduction. For example, a farmer receiving patronage dividends from a marketing cooperative through which the farmer sells agricultural products may be able to include these dividends in calculating the QBI deduction from the farmer's agricultural business. The proposed regulations provide guidance to cooperatives and patrons regarding the QBI deduction.

Certain patrons, like farmers, must reduce their QBI deduction if they receive qualified payments from specified agricultural or horticultural cooperatives. The QBI deduction must be reduced by either 9% of the QBI from each business related to the qualified payments, or 50% of the wages allocated to each business, whichever is the smaller amount. The proposed regulations provide guidance to patrons regarding the reduction to the QBI deduction.

Specified agricultural or horticultural cooperatives' deduction. Specified agricultural or horticultural cooperatives are allowed an IRC section 199A(g) deduction for income attributable to domestic production activities, which is similar to the domestic production activities deduction under former IRC section 199 before its repeal by the TCJA. Cooperatives cannot pass through any portion of their IRC section 199A(g) deduction to patrons structured as C corporations, unless they are specified agricultural or horticultural cooperatives. The proposed regulations provide guidance to cooperatives and patrons regarding the IRC section 199A(g) deduction. For more information, see REG-118425-18 and Notice 2019-27.

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