The deduction is now permanent, but its value still turns on taxable income, business type, payroll, property, and timing.

July 16, 2026

The qualified business income deduction is one of the most valuable provisions available to owners of pass-through businesses, and one of the easiest to misread. At its simplest, Section 199A can allow a deduction of up to 20% of qualified business income. A business owner who reports $500,000 of qualifying income might therefore begin with a $100,000 potential deduction. But "up to" is doing a great deal of work in that sentence.

The final deduction depends on the owner's taxable income, the kind of business producing the income, the W-2 wages paid by that business, the unadjusted basis of certain depreciable property, business losses, capital gains, and the way compensation is structured. Two owners with the same business profit can receive very different deductions.

The important 2026 news is that the deduction did not expire at the end of 2025. Public Law 119-21 removed the sunset, widened the income range over which the high-income limitations phase in, and created a $400 minimum deduction for certain active business owners. Those changes apply to tax years beginning after December 31, 2025.1,2 I view the permanence as helpful, but not as permission to put the calculation on autopilot. Section 199A remains a household-level planning problem wrapped around a business-level set of facts.

The 2026 Update

For 2026, the threshold is $403,500 for married couples filing jointly, $201,775 for married taxpayers filing separately, and $201,750 for single filers, heads of household, and other returns. These figures are based on taxable income before the QBI deduction, not gross business revenue and not adjusted gross income.1,3

Below the applicable threshold, an eligible owner generally calculates the QBI component without the W-2 wage and qualified-property limitation, and an owner of a specified service trade or business can still participate. Above the threshold, the restrictions begin to phase in. The new phase-in span is $150,000 for a joint return and $75,000 for other returns, so the 2026 upper endpoints are $553,500 for joint filers, $276,775 for married filing separately, and $276,750 for most other returns.1,3

Figure 1 compares those bands with 2025. The inflation-adjusted starting points moved modestly, but the more meaningful change is the extra $50,000 of runway for joint filers and $25,000 for other filers. In 2025, the joint band was $394,600 to $494,600. In 2026, it is $403,500 to $553,500. That does not guarantee a larger deduction, but it gives many owners more room before the wage/property rules are fully applied or an SSTB deduction disappears.

The new minimum deduction is narrower than the headline suggests. A taxpayer with at least $1,000 of aggregate QBI from one or more active qualified businesses receives the greater of the normally calculated deduction or $400. An active business means one in which the taxpayer materially participates under Section 469. The $400 deduction and $1,000 income floor will be indexed for inflation beginning after 2026.1,2 This provision is designed for smaller active businesses; it does not turn passive investment income or employee wages into QBI.

Figure 1: The 2026 law widens the phase-in span to $75,000 for most returns and $150,000 for joint returns.

What the Deduction Actually Measures

QBI is the net amount of qualified income, gain, deductions, and losses from a domestic qualified trade or business. Sole proprietorships, partnerships, S corporations, and certain trusts and estates can produce it. A C corporation cannot. The deduction is available whether the owner takes the standard deduction or itemizes, but it is a deduction in arriving at taxable income rather than adjusted gross income. It does not reduce self-employment tax or the 3.8% net investment income tax.1,4,5

Not every dollar that reaches the owner qualifies. W-2 wages are not QBI. Reasonable compensation paid to an S corporation shareholder is excluded, as are guaranteed payments to a partner for services and certain other partner service payments. Capital gains and losses, most dividends, and interest that is not properly allocable to the business are also excluded. On the expense side, business-related deductions such as the deductible portion of self-employment tax, self-employed health insurance, and certain retirement-plan contributions can reduce QBI.1,4,5

The base calculation is 20% of QBI from each qualified business, plus a separate component for qualified REIT dividends and qualifying publicly traded partnership income. The combined result generally cannot exceed 20% of taxable income in excess of net capital gain. That second cap matters in a year with large qualified dividends or long-term capital gains because those items can increase taxable income without increasing the income available for the overall QBI cap.1,4

For an owner above the threshold, a non-SSTB deduction is also tested against the greater of two amounts: 50% of allocable W-2 wages, or 25% of those wages plus 2.5% of the UBIA of qualified property. UBIA is generally the property's original unadjusted basis when acquired, not its current fair market value or remaining tax basis. The property must be depreciable, used in producing QBI, held and available for use at year-end, and still within its statutory depreciable period.1

Think of the wage/property test as a capacity limit. The business may generate a large potential deduction based on profit, but above the income band the tax code asks whether the business also has enough payroll or qualifying capital investment to support it. Service-light payroll businesses, owner-only firms, and fully depreciated asset-heavy businesses can therefore encounter very different results.

The SSTB Fork in the Road

The first classification question is whether the activity is a specified service trade or business. SSTBs include services in health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, and brokerage, along with investing and investment management, trading, dealing in securities, partnership interests or commodities, and certain narrowly defined businesses in which the principal asset is an owner's or employee's reputation or skill. Architecture and engineering are specifically excluded from the SSTB list.1,6

Below the 2026 threshold, the distinction is largely dormant because an SSTB can qualify on the same basic 20% framework. Inside the phase-in band, only an applicable percentage of the SSTB's QBI, wages, and property remains in the calculation, and the wage/property limitation can also apply. At or above the top of the band, SSTB income no longer produces a QBI deduction. A qualifying non-SSTB can continue to produce a deduction above that point, but the wage/property ceiling is fully effective.1

This is why taxable-income planning matters more for a physician, attorney, consultant, investment adviser, or accountant than it may for an owner of a manufacturing, construction, retail, or many real-estate operating businesses. For an SSTB owner near the line, a dollar of additional taxable income can reduce the amount of business income that qualifies and can tighten the wage/property calculation at the same time.

Business labels are not always decisive. A company can conduct more than one activity, and related businesses can raise anti-abuse questions. The Treasury regulations contain detailed definitions and de minimis rules. An owner should not assume that putting consulting revenue in a separate entity changes the character of the work. Substance, contracts, personnel, customers, and how the activities operate together all matter.6

A Worked 2026 Example

Consider a married couple filing jointly. One spouse owns a non-SSTB with $400,000 of QBI, $100,000 of allocable W-2 wages, and no qualified-property basis. Their 2026 taxable income before the QBI deduction is $500,000, and they have no net capital gain.

The potential QBI amount is $80,000, or 20% of $400,000. The fully applied wage/property ceiling would be $50,000, because 50% of wages is greater than 25% of wages plus 2.5% of property. But $500,000 of taxable income is inside the 2026 joint phase-in band rather than above it. The couple is $96,500 over the $403,500 threshold, so 64.33% of the $30,000 difference between the potential deduction and wage ceiling is disallowed. The phased-in deduction is $60,700.1,3

Figure 2 shows the bridge. Under the 2025 band, the same $500,000 of taxable income would have been above the old $494,600 upper endpoint, leaving the owner at the fully applied $50,000 wage ceiling. Under the 2026 rules, the wider band preserves another $10,700 of deduction in this illustration. This is not a universal 2026 benefit --- change the QBI, wages, property, filing status, capital gains, or SSTB classification and the result changes.

If the business in this example were an SSTB, the calculation would be materially less favorable because the applicable percentage would also reduce the QBI, wages, and property admitted into the formula. At $553,500 or more of joint taxable income, none of the SSTB's QBI would qualify. That cliff is why a projection should be completed before a large bonus, capital gain, Roth conversion, equipment decision, or year-end business payment is finalized.

Figure 2: Illustrative non-SSTB calculation with $400,000 of QBI, $100,000 of wages, no UBIA, and $500,000 of joint taxable income before the QBI deduction.

Planning Levers That Can Help

The first lever is a reliable taxable-income forecast. Section 199A uses the owner's full return, so the business books alone cannot answer the question. Spousal wages, portfolio income, capital gains, retirement distributions, charitable gifts, itemized deductions, and income from other entities can move the household into or out of the phase-in band. I would model the deduction with at least a base case and a high-income case before year-end.

For an owner near a threshold, ordinary timing decisions can have an outsized effect. Deferring an elective gain, accelerating a deductible expense, making a planned charitable gift in the current year, or increasing a deductible retirement contribution may reduce taxable income. But the interaction is not always one-directional. A deduction attributable to the business may reduce both taxable income and QBI. The tax saved by crossing back below a limitation line has to be compared with the deduction lost because QBI itself became smaller.

Capital investment creates another two-sided decision. Section 179 or bonus depreciation can reduce current QBI and taxable income, while qualified property may support the 2.5% UBIA component of the high-income limit. Buying equipment solely for a tax deduction rarely makes economic sense. When the business already needs the asset, however, the timing of placement in service can affect both sides of the Section 199A calculation.

Compensation strategy also deserves care. For an S corporation owner, reasonable compensation is required and is excluded from QBI, yet W-2 wages can support the wage limitation at higher income levels. For a partner, a guaranteed payment for services is excluded from the partner's QBI, and the related deduction can reduce business QBI. There is no single salary or guaranteed-payment level that maximizes every tax result. Payroll taxes, retirement-plan design, reasonable-compensation standards, cash flow, ownership agreements, and the QBI deduction must be evaluated together.1,5

Owners of multiple businesses may be able to aggregate qualifying activities for Section 199A when the ownership, tax-year, and operational-integration tests are met. Aggregation can help when one business generates QBI while another supplies wages or qualified property. SSTBs cannot be included in an aggregation, and an aggregation election generally carries consistency and annual disclosure requirements. It is a planning tool, not a year-by-year switch.5,6

Rental real estate deserves a separate review. A rental may qualify if it rises to the level of a Section 162 trade or business, and an IRS safe harbor can provide an alternative path when its requirements are met. Certain rentals to a commonly controlled operating business also receive special treatment. A single rental property is not automatically QBI, and passive participation for Section 469 does not necessarily answer the Section 162 trade-or-business question.4,6

Traps That Can Erase the Benefit

Losses are the first trap. QBI losses are netted under their own rules, and an overall negative QBI amount carries forward to offset qualified business income in a later year. That carryforward is separate from whether the underlying loss was deductible for regular income-tax purposes. Suspended losses under the basis, at-risk, passive-activity, or excess-business-loss rules generally enter the QBI calculation when they are later allowed, subject to the ordering rules.1,5

Reporting is the second trap. Partnerships and S corporations must provide owners with the QBI, W-2 wage, and UBIA information needed for the individual calculation. Wages also have timely reporting requirements. A missing or incomplete K-1 statement can prevent the owner's preparer from supporting the deduction even when the economics appear favorable.

The third trap is optimizing only one tax. A larger retirement contribution may help Section 199A but reduce cash available for the business. A Roth conversion may improve the long-term retirement plan but push an SSTB owner deeper into the phase-out. A large charitable gift may preserve QBI while creating its own percentage limitations and carryforwards. Changing entity structure may alter payroll tax, state tax, liability protection, fringe benefits, and administrative costs. We are tax-aware, not tax-driven.

Finally, permanence does not mean simplicity. The law is now a durable part of the planning landscape, but annual thresholds will continue to move with inflation and Treasury guidance, forms, and regulations can change how the rules are administered. The 2026 Form 8995 and Form 8995-A instructions were not yet final as of the date of this memo, so return preparation should use the final 2026 forms and instructions when released.

What Does This Mean for Your Plan?

For most business owners, the practical work is a coordinated year-end projection. We need the expected taxable income before the QBI deduction, QBI by business, SSTB status, allocable W-2 wages, UBIA of qualified property, prior-year QBI losses, expected capital gains, and any planned retirement, charitable, or business-capital decisions. The calculation belongs at the owner level, but the inputs begin inside the business.

Owners well below the threshold should focus on confirming that income really is QBI, tracking losses, and preserving clean reporting. Owners inside the band should model the phase-in rather than rely on a flat 20% estimate. High-income non-SSTB owners should plan around wages, property, and eligible aggregation. High-income SSTB owners should pay particular attention to household taxable income because the deduction can fall to zero above the upper endpoint.

The poor fit is any strategy pursued solely to manufacture a deduction. Paying unnecessary wages, buying property the business does not need, delaying a sound transaction, or changing entities without considering the broader economics can cost more than Section 199A saves. The right objective is the best after-tax business and family outcome, not the largest number on one line of one return.

The takeaway is straightforward: 2026 made Section 199A more durable and somewhat more forgiving, but it did not make the deduction automatic. The wider phase-in band creates real planning room, particularly for owners whose taxable income sits between the threshold and upper endpoint. Capturing that room requires an accurate forecast and clean coordination between the business return and the household return.

This is the framework; the specifics are a conversation with us and your CPA, with your attorney involved when entity structure, contracts, ownership, or transactions are changing. Our team will continue monitoring the final 2026 forms and guidance and integrating the tax projection with the larger financial plan.

All my best,

Brandon VanLandingham, CFA, CMT, CFP

Founder / CIO



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Citations

[1] U.S. House of Representatives, Office of the Law Revision Counsel, 26 U.S.C. Section 199A --- Qualified Business Income (text containing laws in effect June 25, 2026), https://uscode.house.gov/view.xhtml?req=%28title%3A26+section%3A199a+edition%3Aprelim%29.

[2] Public Law 119-21, Section 70105, Extension and Enhancement of Deduction for Qualified Business Income, enacted July 4, 2025, https://www.congress.gov/119/bills/hr1/BILLS-119hr1enr.htm; Congressional Research Service, Tax Provisions in P.L. 119-21, the FY2025 Reconciliation Law, https://www.congress.gov/crs-product/R48611.

[3] Internal Revenue Service, Revenue Procedure 2025-32, Section 4.26, published in Internal Revenue Bulletin 2025-45 (2026 Section 199A thresholds and phase-in endpoints), https://www.irs.gov/irb/2025-45_IRB.

[4] Internal Revenue Service, Qualified Business Income Deduction (QBI and excluded-item definitions, entity eligibility, REIT/PTP component, and rental real-estate rules; page updated May 12, 2026), https://www.irs.gov/newsroom/qualified-business-income-deduction.

[5] Internal Revenue Service, Instructions for Form 8995-A (2025), Deduction for Qualified Business Income (most recent final instructions available as of July 16, 2026; loss netting, aggregation, wage/property limitations, and reporting mechanics), https://www.irs.gov/instructions/i8995a.

[6] U.S. Department of the Treasury and Internal Revenue Service, T.D. 9847, Qualified Business Income Deduction Regulations, published in Internal Revenue Bulletin 2019-09 (SSTB definitions, aggregation, rental, and anti-abuse rules), https://www.irs.gov/irb/2019-09_IRB.

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