8995-A Instructions for Form 8995-A

Note: The draft you are looking for begins on the next page.

Caution: DRAFT—NOT FOR FILING

This is an early release draft of an IRS tax form, instructions, or publication,
which the IRS is providing for your information. Do not file draft forms and do
not rely on draft forms, instructions, and pubs for filing. We incorporate all
significant changes to forms posted with this coversheet. However, unexpected
issues occasionally arise, or legislation is passed—in this case, we will post a
new draft of the form to alert users that changes were made to the previously
posted draft. Thus, there are never any changes to the last posted draft of a
form and the final revision of the form. Forms and instructions are subject to
OMB approval before they can be officially released, so we post drafts of them
until they are approved. Drafts of instructions and pubs usually have some
additional changes before their final release. Early release drafts are at
IRS.gov/DraftForms and remain there after the final release is posted at
IRS.gov/LatestForms. Also see IRS.gov/Forms.
Most forms and publications have a page on IRS.gov: IRS.gov/Form1040 for
Form 1040; IRS.gov/Pub501 for Pub. 501; IRS.gov/W4 for Form W-4; and
IRS.gov/ScheduleA for Schedule A (Form 1040), for example, and similarly for
other forms, pubs, and schedules for Form 1040. When typing in a link, type it
into the address bar of your browser, not a Search box on IRS.gov.
If you wish, you can submit comments to the IRS about draft or final forms,
instructions, or pubs at IRS.gov/FormsComments. Include “NTF” followed by the
form or pub number (for example, “NTF1040”, “NTFW4”, “NTF501, etc.) in the
body of the message to route your message properly. We cannot respond to all
comments due to the high volume we receive and may not be able to consider
many suggestions until the subsequent revision of the product, but we will
review each “NTF” message. If you have comments on reducing paperwork and
respondent (filer) burden, with respect to draft or final forms, please respond to
the relevant information collection through the Federal Register process; for
more info, click here.

2023

Instructions for Form 8995-A

Department of the Treasury
Internal Revenue Service

Deduction for Qualified Business Income

TREASURY/IRS
AND OMB USE
ONLY DRAFT
December 5, 2023

Section references are to the Internal Revenue Code unless
otherwise noted.

Future Developments

For the latest information about developments related to Form
8995-A and its instructions, such as legislation enacted after they
were published, go to IRS.gov/Form8995A.

General Instructions
Purpose of Form

Use Form 8995-A to figure your qualified business income (QBI)
deduction. Include the following schedules (their specific instructions
are shown later), as appropriate:
• Schedule A (Form 8995-A), Specified Service Trades or
Businesses
• Schedule B (Form 8995-A), Aggregation of Business Operations
• Schedule C (Form 8995-A), Loss Netting and Carryforward
• Schedule D (Form 8995-A), Special Rules for Patrons of
Agricultural or Horticultural Cooperatives
In general, the amount of your QBI deduction equals your QBI
component plus your qualified real estate investment trust (REIT)
and qualified publicly traded partnership (PTP) component
(REIT/PTP component). However, the deduction is limited to the
lesser of this amount or 20% of your taxable income, calculated
before the QBI deduction, minus your net capital gain (increased by
any qualified dividends). Depending on your taxable income, your
QBI component may also be limited based on the type of trade or
business, W-2 wages paid by that business, and Unadjusted Basis
Immediately after Acquisition (UBIA) of qualified property held by the
business.

Who Can Take the Deduction

Individuals and eligible estates and trusts use Form 8995-A to figure
the QBI deduction if:
• You have QBI, qualified REIT dividends, or qualified PTP income
or loss; and
• Your 2023 taxable income before your QBI deduction is more than
$364,200 married filing jointly, and $182,100 for all other returns; or
• You’re a patron in a specified agricultural or horticultural
cooperative.
Otherwise, use Form 8995, Qualified Business Income
Deduction Simplified Computation, to figure your QBI deduction.
S corporations and partnerships. S corporations and
partnerships don’t file Form 8995-A because they’re not eligible for
the deduction. Instead, S corporations and partnerships must pass
through to their shareholders or partners the necessary information
on an attachment to Schedule K-1.
See the Instructions for Form 1120-S, U.S. Income Tax Return for
an S Corporation, and Form 1065, U.S. Return of Partnership
Income.
Cooperatives. Cooperatives don’t file Form 8995-A because
they’re not eligible for the deduction. Instead, cooperatives must
provide the necessary information to their patrons on Form
1099-PATR or an attachment to help eligible patrons figure their
deduction. Certain agricultural or horticultural cooperatives may
qualify for a deduction under section 199A(g).
See the Instructions for Form 1120-C, U.S. Income Tax Return for
Cooperative Associations.
Dec 4, 2023

Estates and trusts. To the extent that a grantor or another person
is treated as owning all or part of a trust or estate, the owner will
compute its QBI deduction for the portion of the trust owned as if
section 199A items had been received directly by the owner.
Generally, in the case of a non-grantor trust or estate, the trust or
estate may either claim the QBI deduction or provide information to
their beneficiaries. In determining the QBI deduction or the
information that must be provided to beneficiaries, the estate or trust
allocates section 199A items based on the relative proportion of the
estate's or trust's distributable net income (DNI) for the tax year
distributed (or required to be distributed) to the beneficiary or
retained by the estate or trust. If the estate or trust has no DNI for the
tax year, section 199A items are allocated entirely to the estate or
trust.
Estates and trusts may compute their own QBI deduction to the
extent section 199A items are allocated to the estate or trust.
However, section 199A items allocated to beneficiaries aren’t
includible in the estate’s or trust’s QBI deduction computation. See
the Instructions for Form 1041, U.S. Income Tax Return for Estates
and Trusts.
Electing Small Business Trusts (ESBT). An ESBT is required to
compute the QBI deduction separately for the S and non-S portions
of the trust. If applicable, the Form 8995-A used to compute the S
portion’s QBI deduction must be attached as a PDF to the ESBT Tax
Worksheet filed with Form 1041, and the trust must indicate that the
information is applicable to the S portion only, by writing “ESBT” in
the top margin of the Form 8995-A. See the Instructions for Form
1041.

Determining Your QBI Deduction
Determine your QBI component. To figure your QBI deduction,
you must first determine your QBI component. Your QBI component
is generally 20% of your QBI from your domestic trades or
businesses. However, if your taxable income (before the QBI
deduction) exceeds the threshold ($364,200 if married filing jointly,
and $182,100 for all other returns), your QBI for each of your trades
or businesses may be partially or fully reduced to the greater of 50%
of W-2 wages paid by the qualified trade or business, or 25% of W-2
wages plus 2.5% of the UBIA of qualified property from the qualified
trade or business. The partial or full reduction to QBI is determined
by your taxable income. If your taxable income (before the QBI
deduction) is:
• At or below the threshold, you don’t need to reduce your QBI;
• Above the threshold but below the phase-in range (more than
$364,200 and $464,200 if married filing jointly, and $182,100 and
$232,100 for all other returns), the reduction is phased in; or
• Above the threshold and phase-in range, the full reduction
applies.
Also, if you’re a patron of an agricultural or horticultural
cooperative, you must reduce your cooperative QBI by the lesser of:
• 9% of the QBI allocable to qualified payments, or
• 50% of W-2 wages from the trade or business allocable to the
qualified payments.
Determining your qualified trades or businesses. Your qualified
trades and businesses generally include your trades or businesses
for which you’re allowed a deduction for ordinary and necessary
business expenses under section 162. However, trades or
businesses conducted by corporations and the performance of
services as an employee are never qualified trades or businesses.
Specified service trades or businesses (SSTBs) aren’t qualified

Cat. No. 71687H

• Actuarial science, including actuaries, and similar professionals;
• Performing arts, including actors, singers, musicians,

trades or businesses for taxpayers with taxable income, before the
QBI deduction, above the threshold and phased-in range.
As provided in section 162, an activity qualifies as a trade or
business if your primary purpose for engaging in the activity is for
income or profit and you’re involved in the activity with continuity and
regularity.
If you own an interest in a pass-through entity, the trade or
business determination is made at the entity level. Material
participation under section 469 isn’t required to qualify for the QBI
deduction. Eligible taxpayers with income from a trade or business
may be entitled to the QBI deduction if they otherwise satisfy the
requirements of section 199A.
The ownership and rental of real property may constitute a trade
or business if it meets the standard described above. Also, Revenue
Procedure 2019-38 provides a safe harbor under which a rental real
estate enterprise will be treated as a trade or business for purposes
of the QBI deduction. Rental real estate that doesn’t meet the
requirements of the safe harbor may still be treated as a trade or
business for purposes of the QBI deduction if it is a section 162
trade or business.
Also, the rental or licensing of property to a commonly controlled
trade or business operated by an individual or a pass-through entity
is considered a trade or business under section 199A.

entertainers, directors, and similar professionals. However, it
excludes services that don’t require skills unique to the creation of
performing arts, such as the maintenance and operation of
equipment or facilities for use in the performing arts or the provision
of services by persons who broadcast video or audio of performing
arts to the public;
• Consulting, including persons providing clients with professional
advice and counsel to assist in achieving goals and solving
problems, and persons providing advice and counsel regarding
advocacy with the intention of influencing decisions made by a
government or governmental agency, and lobbyists attempting to
influence legislators and other government officials on behalf of a
client, and other similar professionals. However, it excludes the
performance of services other than advice or counsel, such as sales
or the provision of training and educational courses. It also excludes
consulting services embedded in or ancillary to the activities of a
trade or business that isn’t an SSTB, if there is no separate payment
for the consulting services;
• Athletics, including athletes, coaches, and team managers in
sports such as baseball, basketball, football, soccer, hockey, martial
arts, boxing, bowling, tennis, golf, skiing, snowboarding, track and
field, billiards, racing, and other forms of athletic competition.
However, it excludes services that don’t require skills unique to
athletic competition, such as the maintenance and operation of
equipment or facilities for use in athletic events or the provision of
services by persons who broadcast video or audio of athletic events
to the public;
• Financial services, including persons managing clients’ wealth,
advising clients on finances, developing retirement plans,
developing wealth transition plans, providing advisory and other
similar services regarding valuations, mergers, acquisitions,
dispositions, restructurings (including in title 11 or similar cases),
and raising financial capital by underwriting, or acting as a client’s
agent in the issuance of securities and similar services. This
includes services provided by financial advisors, investment
bankers, wealth planners, retirement advisors, and other similar
professionals. However, it excludes taking deposits or making loans,
but does include arranging lending transactions between a lender
and borrower;
• Brokerage services, including persons who arrange transactions
between a buyer and a seller of securities for a commission or fee
such as stock brokers and other similar professionals. However, it
excludes services provided by real estate agents and brokers, or
insurance agents and brokers;
• Investing and investment management, including persons
providing, for a fee, investing, asset management, or investment
management services, including providing advice on buying and
selling investments. However, it excludes the service of directly
managing real property;
• Trading, including persons who trade in securities (as defined in
section 475(c)(2)), commodities (as defined in section 475(e)(2)), or
partnership interests;
• Dealing securities (as defined in section 475(c)(2)), commodities
(as defined in section 475(e)(2)), or partnership interests; and
• Any trade or business where the principal asset is the reputation
or skill of one or more of its employees or owners, as demonstrated
by:
– Receiving fees, compensation, or other income for endorsing
products or services;
– Licensing or receiving fees, compensation or other income for
the use of an individual’s image, likeness, name, signature,
voice, trademark, or any other symbols associated with the
individual’s identity; or
– Receiving fees, compensation, or other income for appearing
at an event or on radio, television, or another media format.
De minimis rule 1. If your gross receipts from a trade or
business are $25 million or less and less than 10% of the gross
receipts are from the performance of services in a specified service
field, then your trade or business isn’t considered an SSTB, and thus
may generate income eligible for the QBI deduction for the tax year,
regardless of your taxable income.

TREASURY/IRS
AND OMB USE
ONLY DRAFT
December 5, 2023

Services performed as an employee excluded from qualified
trades or businesses. The trade or business of performing
services as an employee isn’t a trade or business for purposes of
section 199A. Therefore, any amounts reported on Form W-2, box 1,
other than amounts reported in box 1, if “Statutory Employee” on
Form W-2, box 13, is checked, aren’t QBI. If you were previously an
employee of a business and continue to provide substantially the
same services to that business after you’re no longer treated as an
employee, there is a presumption that you’re providing services as
an employee for purposes of section 199A for the 3-year period after
ceasing to be an employee. You may rebut this presumption on
notice from the IRS by providing records such as contracts or
partnership agreements that corroborate your status as a
nonemployee. See Pub. 15-A, Employer’s Supplemental Tax Guide,
and Pub. 1779, Independent Contractor or Employee.

SSTBs excluded from your qualified trades or businesses.
SSTBs are generally excluded from the definition of a qualified trade
or business if the taxpayer's taxable income exceeds the threshold
plus the phase-in range. Therefore, no QBI, W-2 wages, or UBIA of
qualified property from the specified service trade or business are
taken into account in figuring your QBI deduction. If the SSTB is
conducted by your pass-through entity, the same limitation applies to
the pass-through items.
Exception 1: If your 2023 taxable income before the QBI
deduction isn’t more than $364,200 if married filing jointly, and
$182,100 for all other returns, your SSTB is treated as a qualified
trade or business, and thus may generate income eligible for the QBI
deduction.
Exception 2: If your 2023 taxable income before the QBI
deduction is more than $364,200 but not more than $464,200 if
married filing jointly, $182,100 and $232,100 for all other returns, an
applicable percentage of your SSTB is treated as a qualified trade or
business, you must complete Schedule A (Form 8995-A).
An SSTB is any trade or business providing services in the fields
of:
• Health, including physicians, pharmacists, nurses, dentists,
veterinarians, physical therapists, psychologists, and other similar
healthcare professionals. However, it excludes services not directly
related to a medical services field, such as the operation of health
clubs or spas; payment processing; or the research, testing,
manufacture, and sale of pharmaceuticals or medical devices;
• Law, including lawyers, paralegals, legal arbitrators, mediators,
and similar professionals. However, it excludes services that don’t
require skills unique to the field of law such as services by printers,
delivery services, or stenography services;
• Accounting, including accountants, enrolled agents, return
preparers, financial auditors, and similar professionals;
-2-

Instructions for Form 8995-A (2023)

• Wage income (except “Statutory Employees” where Form W-2,
box 13, is checked).
• Amounts received as reasonable compensation from an S
corporation.
• Amounts received as guaranteed payments.
• Amounts received as payments by a partner for services other
than in a capacity as a partner.
• Items treated as capital gains or losses under any provision of the
Code.
• Dividends and dividend equivalents.
• Interest income not properly allocable to a trade or business.
• Commodities transactions or foreign currency gains or losses.
• Income, loss, or deductions from notional principal contracts.
• Annuities (unless received in connection with the trade or
business).
• Qualified REIT dividends.
• Qualified PTP income.
See the QBI Flow Chart, later, to figure if an item of income, gain,
deduction, or loss is included in QBI.
Losses or deductions from a qualified trade or business that are
suspended by other provisions of the Internal Revenue Code are not
qualified losses or deductions and therefore, are not included in your
QBI for the year. Such Code provisions include, but aren’t limited to,
sections 163(j), 179, 461(l), 465, 469, 704(d), and 1366(d). Instead,
qualified losses and deductions are taken into account in the tax
year they’re included in calculating your taxable income.
When losses or deductions are suspended, you must determine
the qualified portion of the losses or deductions that must be
included in QBI in subsequent years when allowed in calculating
your taxable income. In general, losses and deductions incurred
prior to 2018 are not qualified losses or deductions and are not
included in QBI in the year they are included in calculating taxable
income.
If a loss or deduction is partially suspended, only the portion of
the allowed loss or deduction attributable to QBI must be considered
when determining QBI from the trade or business in the year the loss
or deduction is incurred. The portion of the allowed loss or deduction
attributable to QBI is determined by first calculating the percentage
of the total loss attributable to QBI by dividing the portion of the total
loss attributable to QBI by the overall total loss. The allowed loss or
deduction is then multiplied by this percentage to determine the
portion of the allowed loss or deduction attributable to QBI.
If your trade or business is an SSTB, whether the trade or
business is a qualified trade or business is determined based on
your taxable income in the year the loss or deduction is incurred. If
your taxable income is within the phase-in range in that year, you
must determine and apply the applicable percentage in the year the
loss or deduction was incurred to determine the qualified portion of
the suspended loss or deduction.
Losses and deductions retain their status as either qualified or
non-qualified from year to year while suspended. Therefore, you
must track each category of loss or deduction until the loss or
deduction is no longer suspended. For an example of a reasonable
method to track and compute the amount of previously disallowed
losses or deductions to be included in your QBI deduction
calculation in the year allowed, see Tracking Losses or Deductions
Suspended by Other Provisions, later.
When losses or deductions previously suspended by other Code
provisions are allowed in calculating taxable income, the qualified
portion of the loss or deduction allowed under each provision is
treated as a qualified net loss carryforward from a separate trade or
business when calculating the current year’s QBI deduction. See
Line 3.
Any qualified loss or deduction from an SSTB allowed in
calculating taxable income isn’t included on the Schedule A (Form
8995-A) as the applicable percentage was previously determined
and applied in the year the loss or deduction was incurred and
should not be redetermined in the year the loss or deduction is
allowed.

De minimis rule 2. If your gross receipts from the trade or
business are more than $25 million and less than 5% of the gross
receipts are from the performance of services, then your trade or
business isn’t considered an SSTB, and thus may generate income
eligible for the QBI deduction for the tax year, regardless of your
taxable income.
De minimis rule 3. If your trade or business provides services or
property to an SSTB and there is 50% or more common ownership
of the trades or businesses, that portion of the business that
provides services or property to the SSTB is treated as a separate
SSTB concerning the common owners.

TREASURY/IRS
AND OMB USE
ONLY DRAFT
December 5, 2023

Aggregation. If you’re engaged in more than one trade or business,
each trade or business is a separate trade or business for purposes
of applying the W-2 wage limitation or UBIA of qualified property
limitation, discussed later. However, you may choose to aggregate
multiple trades or businesses into a single trade or business for
purposes of applying the limitations if you meet the following
requirements.
1. You or a group of persons directly or indirectly own 50% or
more of each trade or business for a majority of the tax year,
including the last day of the tax year, and all trades or businesses
use the same tax year end.
2. None of the trades or businesses are an SSTB.
3. The trades or businesses meet at least two of the following
factors.
a. They provide products, property, or services that are the
same or that are customarily offered together.
b. They share facilities or share significant centralized business
elements such as personnel, accounting, legal, manufacturing,
purchasing, human resources, or information technology resources.
c. They are operated in coordination with, or reliance upon, one
or more of the businesses in the aggregated group.

If a relevant pass-through entity (RPE) aggregates multiple trades
or businesses, you must attach the RPE’s aggregations to your
Schedule B (Form 8995-A). You may not separate the trades or
businesses aggregated by the RPE, but you may add additional
trades or businesses to the aggregation, assuming the rules above
are met. If you choose to aggregate multiple trades or businesses,
complete Schedule B (Form 8995-A) before starting Part I of Form
8995-A.
Your aggregations must be reported consistently for all
subsequent years, unless there is a significant change in facts and
circumstances that disqualify the aggregation. Schedule B (Form
8995-A) must be completed each year to show your trade or
business aggregation(s) and must include any aggregation of an
RPE in which you hold a direct or indirect interest. Failure to disclose
such aggregated trades or businesses may cause them to be
disaggregated.
Note. You must combine the QBI, W-2 wages, and UBIA of qualified
property for all aggregated trades or businesses, for purposes of
applying the W-2 wage and UBIA of qualified property limitations.
Determining your QBI. Your QBI includes qualified items of
income, gain, deduction, and loss from your trades or businesses
that are effectively connected with the conduct of a trade or business
in the United States. This includes qualified items from partnerships
(other than PTPs), S corporations, sole proprietorships, and certain
estates and trusts that are allowed in calculating your taxable
income for the year.
To figure the total amount of QBI, you must consider all items that
are attributable to the trade or business. This includes, but isn’t
limited to, unreimbursed partnership expenses, business interest
expense, deductible part of self-employment tax, self-employment
health insurance deduction, and contributions to qualified retirement
plans. QBI doesn’t include any of the following.
• Items that aren’t properly includible in income.
• Income that isn’t effectively connected with the conduct of a trade
or business within the United States (go to IRS.gov/ECI).

Instructions for Form 8995-A (2023)

Determining whether items included on Schedule K-1 are includible in QBI. The amounts reported on your Schedule K-1 as
-3-

a. Supplemental unemployment compensation benefits within
the meaning of Rev. Rul. 90-72, and
b. Sick pay or annuity payments.
3. Subtract (2) from (1).
4. Add together any amounts reported in box 12 of the relevant
Forms W-2 that are properly coded D, E, F, G, or S.
5. Add (3) and (4).

“QBI/Qualified PTP Items Subject to Taxpayer-Specific
Determinations” from a partnership, S corporation, estate, or trust
aren’t automatically includible in your QBI. To determine if the item of
income, gain, deduction, or loss is includible in QBI, you must look to
how it is reported on your federal income tax return. For example,
ordinary business income or loss is generally included in QBI if it
was used in computing your taxable income and not excluded,
suspended, or disallowed under any other Code section. Also, a
section 1231 gain or loss is only includible in QBI if it isn’t capital
gain or loss. See the QBI Flow Chart, later, to determine if an item of
income, gain, deduction, or loss is includible in QBI.

TREASURY/IRS
AND OMB USE
ONLY DRAFT
December 5, 2023

Tracking wages method. Under the tracking wages method,
W-2 wages are figured as follows.
1. Add the amounts that are wages for federal income tax
withholding purposes and that are also reported in box 1 of the
relevant Forms W-2.
2. Add together any amounts reported in box 12 of the relevant
Forms W-2 that are properly coded D, E, F, G, or S.
3. Add (1) and (2).

Determining whether information reported on your Form
1099-PATR is includible in QBI. The amounts reported to you as
your share of patronage dividends and similar payments on Form
1099-PATR aren’t automatically includible in your QBI. Payments
may be included in QBI to the extent they are (1) related to your
trade or business, (2) reported to you by the cooperative as qualified
items of income on an attachment to Form 1099-PATR, and (3) not
payments reported as from an SSTB, unless your taxable income is
below the threshold, in which case payments from SSTBs are
includible in your QBI.
If you received Qualified Payments reported to you on Form
1099-PATR from a specified agricultural or horticultural cooperative,
you’re required to reduce your QBI by the patron reduction. See
Schedule D (Form 8995-A) Special Rules for Patrons of Agricultural
or Horticultural Cooperatives, later.

To figure your W-2 wages using one of the three methods above,
generally use the sum of the amounts you properly report for each
employee on Form W-2, Wage and Tax Statement, for the calendar
year ending with or within your tax year. However, don't use any
amounts reported on a Form W-2 filed with the Social Security
Administration more than 60 days after its due date (including
extensions).
Note. For purposes of determining W-2 wages for limitation
purposes, fiscal year end trades or businesses include qualified
amounts paid to employees for the calendar year ended with or
within the business’s tax year.

Determining whether items included on Schedule C (Form
1040) are includible in QBI. The net gain or loss as reported on
your Schedule C (Form 1040) isn’t automatically includible in your
QBI. See the QBI Flow Chart, later, to determine if an item of
income, gain, deduction, or loss is includible in QBI.

Short tax year. If you have a short tax year, you must use the
tracking wages method and do the following.
• Add the amounts that are wages for federal income tax
withholding purposes, that are also reported on Form W-2, box 1, for
any calendar year(s) containing any day within that short tax year,
and that are actually paid during the short tax year; plus
• Any amounts reported in box 12 of the relevant Forms W-2 that
are properly coded D, E, F, G, or S for any calendar year(s)
containing any day within that short tax year that are actually
deferred or contributed during the short tax year.
However, if you have a short tax year that doesn't include a
calendar year ending within that short tax year, the following wages
are treated as W-2 wages for a short year.
• Wages you properly report on Form W-2 that you actually paid
during the tax year.
• Amounts reported on Forms W-2, box 12, that are properly coded
D, E, F, G, or S that are actually deferred or contributed during the
short tax year.

QBI Flow Chart. Use the flow chart to determine if an item of
income, gain, deduction, or loss is includible in QBI. See the QBI
Flow Chart, later.

Determining your W-2 wages for limitation purposes. W-2
wages generally include amounts paid to employees for the
performance of services, plus elective deferrals (for example,
contributions to 401(k) plans, deferred compensation, and Roth IRA
contributions). Amounts paid to statutory employees aren’t W-2
wages when the “Statutory Employee” box on Form W-2, box 13, is
checked.
If you conduct more than one trade or business, the W-2 wages
must be allocated among the various trades or businesses (or
aggregated trades or businesses) to the trade or business that
generated the wage expense. Also, only the W-2 wages properly
allocable to QBI are includible. W-2 wages are properly allocable to
QBI if the associated wage expense is taken into account in
computing QBI.
Before allocating W-2 wages among various trades or
businesses (or aggregated trades or businesses) and/or allocating
W-2 wages to QBI, first determine the total amount of W-2 wages.
There are three methods to figure your W-2 wages.
• Unmodified box method.
• Modified box 1 method.
• Tracking wages method.
Unmodified box method. Under the unmodified box method,
W-2 wages are the smaller of:
1. The sum of the amounts reported in box 1 of the relevant
Forms W-2, or
2. The sum of the amounts reported in box 5 of the relevant
Forms W-2.

Acquisition or disposition of a trade or business. If you
acquired or disposed of a trade or business that causes you and
another employer to pay W-2 wages to employees of the acquired or
disposed of trade or business during the calendar year, then the W-2
wages for the calendar year of the acquisition or disposition are
allocated between each employer based on the period that the
employees of the acquired or disposed of trade or business were
employed by each employer. If you have a short tax year that doesn’t
include a calendar year ending within your short tax year, see Short
tax year, earlier.
Non-duplication rule. Amounts that are treated as W-2 wages for
a tax year under any method can't be treated as W-2 wages for any
other tax year. Also, an amount can't be treated as W-2 wages by
more than one taxpayer.
Determining your UBIA of qualified property. For purposes of
determining your UBIA for all qualified property, the unadjusted basis
immediately after acquisition means the basis on the
placed-in-service date. Qualified property includes tangible property
subject to depreciation under section 167 held, and used in the
production of QBI, by the trade or business (or aggregated trades or
businesses) during and at the close of the tax year, for which the
depreciable period hasn’t ended before the close of the tax year.
The depreciable period ends on the later of 10 years after the

Modified box 1 method. Under the modified box 1 method, W-2
wages are figured as follows.
1. Add the amounts reported in box 1 of the relevant Forms
W-2.
2. Add all amounts not considered wages, for federal income
tax withholding purposes including, but not limited to:

-4-

Instructions for Form 8995-A (2023)

property is first placed in service by you or the last day of the last full
year in the applicable recovery period under section 168(c).
Additional first-year depreciation under section 168 doesn’t affect
the applicable recovery period.
Improvements to property that has already been placed in
service are treated as separate qualified property.
For qualified replacement property acquired in a section 1031
exchange that’s of a like-kind to the qualified relinquished property,
or for qualified replacement property acquired in a section 1033
involuntary conversion that’s similar or related in service or use to
the qualified converted property, the UBIA of the qualified
replacement property is the same as the UBIA of the qualified
property exchanged, converted, decreased by excess boot, or
increased by the amount of money paid or the fair market value of
property transferred by the taxpayer that isn’t of a like-kind or similar
or related in service or use.
Generally, replacement property retains the same
placed-in-service date as that of the relinquished property. However,
for the portion of the replacement property’s UBIA that exceeds the
relinquished property’s UBIA, that portion is treated as separate
qualified property placed in service on the date on which the
replacement property is first placed in service.
Generally, property received in a nonrecognition transaction
(section 332, 351, 361, 721, or 731) retains the same UBIA and
placed-in-service date as that of the transferor. However, for the
portion of the transferee’s UBIA that exceeds the transferor’s UBIA,
that portion is treated as separate qualified property placed in
service on the date of the transfer.
Property acquired within 60 days of the year end that’s disposed
of within 120 days without being used by the trade or business for at
least 45 days is generally not qualified property.

Alternative minimum tax. The QBI deduction used to determine
regular tax is also used to determine alternative minimum taxable
income.
Net earnings from self-employment aren’t reduced by the QBI
deduction when computing self-employment tax.
Net investment income isn’t reduced by the QBI deduction when
computing net investment income tax.

TREASURY/IRS
AND OMB USE
ONLY DRAFT
December 5, 2023

Puerto Rico. For purposes of determining QBI, the United States
includes Puerto Rico for taxpayers who have taxable income from
sources within Puerto Rico that are subject to tax under section 1.
Further, W-2 wages are figured by including W-2 wages paid for
services performed in Puerto Rico without regard to section 3401(a)
(8).

Specific Instructions

You may need to complete Schedule A, B, C, and/or D, as
applicable, prior to starting Part I of the form.

Taxable income before qualified business income deduction.
Form 8995-A, Part III, Part IV, and Schedule A (Form 8995-A) each
ask for your taxable income figured without regard to the QBI
deduction. Enter your taxable income figured before any QBI
deduction, computed as follows.
• Form 1040, 1040-SR, or 1040-NR filers: Form 1040, 1040-SR, or
1040-NR, line 11, minus Form 1040, 1040-SR, or 1040-NR, line 12.
• Form 1041 filers: Form 1041, line 23, plus Form 1041, line 20.
• Form 1041-N filers: Form 1041-N, line 13, plus qualified income
deduction reported on Form 1041-N, line 9.
• Form 990-T filers: Form 990-T, Part I, line 11, plus qualified
business income deduction reported on Form 990-T, Part I, line 9.
• S-corporation portion of an ESBT filer: ESBT Tax Worksheet,
line 13, plus ESBT Tax Worksheet, line 11.

Determining Your REIT/PTP
Component

Schedule A (Form 8995-A)—Specified Service
Trades or Businesses

Your qualified REIT/PTP component equals 20% of your qualified
REIT dividends and qualified PTP income or loss (including your
share of qualified REIT dividends and qualified PTP income or loss
from RPEs).

Complete Schedule A only if your trade or business is a SSTB and
your taxable income is more than $182,100 but not $232,100
($364,200 and $464,200 if married filing jointly).

Qualified REIT dividends include any dividend you received from
a REIT held for more than 45 days and for which the payment isn’t
obligated to someone else and that isn’t a capital gain dividend
under section 857(b)(3) and isn’t a qualified dividend under section
1(h)(11). Plus, your qualified REIT dividends include those received
from a regulated investment company (RIC).

If your taxable income isn't more than $182,100 ($364,200 if
married filing jointly) and you're not a patron of an agricultural or
horticultural cooperative, don't file Form 8995-A; instead, file Form
8995, Qualified Business Income Deduction Simplified
Computation. Otherwise, complete Schedule D (Form 8995-A)
before beginning Schedule A.

Qualified PTP income/(loss) includes your share of qualified
items of income, gain, deduction, and loss from a PTP that is not
treated as a corporation for federal income tax purposes. It may also
include gain or loss recognized on the disposition of your PTP
interest that isn’t treated as a capital gain or loss. It doesn’t include
any loss or deduction disallowed in determining your taxable income
for the year. Qualified REIT dividends are reported to you on Form
1099-DIV, Dividends and Distributions, box 5, Section 199A
dividends.

If your taxable income is more than $232,100 ($464,200 if
married filing jointly), your SSTB doesn't qualify for the deduction.
Schedule A (Form 8995-A), Part II, should be used for SSTBs
that are PTPs, and Part I should be used for all other SSTBs.
See SSTBs excluded from your qualified trades or businesses,
earlier.
Lines 2 and 16. Enter your QBI or Qualified PTP income for each
SSTB, as applicable.

Note. PTP income generated by an SSTB may be limited to the
applicable percentage if your taxable income is within the phase-in
range or completely excluded from qualified PTP income if your
taxable income is above the phase-in range. See Schedule A (Form
8995-A) Specified Service Trades or Businesses, later.

Lines 5 and 18. See Taxable income before qualified business
income deduction, earlier.

Schedule B (Form 8995-A)—Aggregation of
Business Operations

Coordination With Other Code
Sections

If you qualify and choose to aggregate multiple trades or businesses
into a single trade or business, you must complete Schedule B
before starting Part I.

A net operating loss under section 172 is generally figured without
the QBI deduction, meaning the QBI deduction can’t create or
increase the net operating loss. However, an excess business loss
under section 461(l) is treated as a net operating loss carryforward
to the following tax year and is taken into account for purposes of
computing QBI in the subsequent tax year in which it is deducted.

Instructions for Form 8995-A (2023)

Line 3(c). Enter your QBI for each separate trade or business.
Line 4. If any of your aggregations have a qualified business loss for
the current year or you have a qualified business net loss
carryforward from prior years, you must complete Schedule C (Form
8995-A) before starting Part I.
-5-

products to which Part I of subchapter T applies. See section
199A(g)(3). Also see TD 9947.

If none of your aggregations have a qualified business loss in the
current year and you don’t have a qualified business loss
carryforward from prior years, enter the total amounts on the
appropriate lines of Form 8995-A, Part II.

Line 2. Input the QBI for the trade or business as properly allocable
to qualified payments received from the cooperative. Qualified
payments include patronage dividends and per-unit retains
allocations.

Schedule C (Form 8995-A)—Loss Netting and
Carryforward

Line 4. Enter the portion of W-2 wages from Form 8995-A, line 4,
that are allocable to the qualified payments.

If any of your trades, businesses, or aggregations have a qualified
business loss for the current year or you have a qualified business
net loss carryforward from prior years, you must complete
Schedule C (Form 8995-A) before starting Part I. This includes prior
year loss carryforwards even if the loss was unreported or the trade
or business that generated the loss is no longer in existence.

TREASURY/IRS
AND OMB USE
ONLY DRAFT
December 5, 2023
Part I—Trade, Business, and Aggregation
Information

You must complete Part I if you have QBI from a qualified trade,
business, or aggregation. If you don’t have QBI, and only have REIT,
PTP, skip Parts I through III and complete Part IV. Before you begin
completing Part I, determine if you need to complete Schedule A, B,
or C by answering the following questions.
1. Do you have an SSTB? If yes, see Schedule A (Form
8995-A) Specified Service Trades or Businesses, earlier.
2. Are you choosing to aggregate multiple trades or businesses
into a single trade or business? If yes, complete Schedule B (Form
8995-A) before starting Part I.
3. Did any of your trades, businesses, or aggregations have QBI
for the year or do you have a qualified business loss carryforward
from prior years? If yes, complete Schedule C (Form 8995-A) before
starting Part I.

Schedule C (Form 8995-A) offsets your trade or business that
generated a qualified business loss against the QBI from your other
trades or businesses. The qualified business loss must be
apportioned among all your trades or businesses with QBI in
proportion to their QBI.
Note. The line items for this schedule are computed out of order:
first figure line 1, column (a); then skip to lines 2 through 5; and
come back to line 1, columns (b) and (c).

Line 1, column (a). If you aggregated multiple trades or
businesses into a single business on Schedule B (Form 8995-A),
enter the aggregation group name, Aggregation 1, 2, 3, etc., instead
of entering the business name along with the aggregated trade’s or
business’s QBI.

Line 1. If you aggregated multiple trades or businesses into a single
business on Schedule B (Form 8995-A), enter the aggregation group
name, for example, Aggregation 1, 2, 3, etc., instead of entering the
business name, check the box under 1(c), and leave line 1(d) blank.
Enter on line 1(d) the employer identification number (EIN). If you
don’t have an EIN, enter your social security number (SSN) or
individual taxpayer identification number (ITIN). If you’re the sole
owner of a limited liability company (LLC) that isn’t treated as a
separate entity for federal income tax purposes, enter the EIN given
to the LLC. If you don’t have such an EIN, enter the owner's name,
and tax identification number.

Line 2. This includes the amount reported in the prior year on
Schedule C (Form 8995-A), line 6, or if the simplified worksheet was
previously used, Form 8995, line 16, including prior year loss
carryforwards even if the loss was unreported or the trade or
business that generated the loss is no longer in existence. This also
includes the QBI portion of losses or deductions suspended from
use in calculating taxable income in the year generated that are
included in taxable income in the current year. See Determining your
QBI, earlier, and QBI Loss Tracking Worksheet, later.
Line 1, column (b). Apportion the amount from line 5 among all
your trades or businesses with QBI, but not loss, in proportion to
their QBI.

Part II—Determine Your Adjusted Qualified
Business Income

Line 1, column (c). Enter this amount on the corresponding line on
Form 8995-A, Part II.

You must complete Part II if you have QBI from a qualified trade,
business, or aggregation.

Note. If the adjusted QBI from the trade or business is zero or less
after the reduction for loss netting, then the amount reported for W-2
wages and UBIA of qualified property must be zero for that trade or
business, as the W-2 wages and UBIA of qualified property from that
trade or business aren’t allowed in computing your QBI limitations.

Line 2. If you have four or more trades or businesses, attach a
statement with the information for Parts I, II, and III, as applicable.
See Schedule C (Form 8995-A)—Loss Netting and Carryforward,
earlier.
Line 4. Enter your W-2 wages from the trade, business, or
aggregation.

Line 6. The amount reported on this line must be reported in the
next tax year on Schedule C (Form 8995-A), line 2, or Form 8995,
line 3, Qualified business net (loss) carryforward from prior years, as
applicable. This amount will offset QBI in subsequent tax years
regardless of whether it is reported and whether the trade or
business that generated the loss is still in existence. This
carryforward doesn’t affect the deductibility of the loss for purposes
of any other provisions of the Code.

Note. If the QBI on line 2, for the trade, business, or aggregation, is
zero, then the amount reported on line 4, for that trade or business,
must also be zero.

Note. If you have an overall qualified business net loss carryforward
for the year, you don’t qualify for a QBI deduction in the current year
unless you have qualified REIT dividends or qualified PTP income.

Note. If the QBI on line 2, for the trade, business, or aggregation, is
zero, then the amount reported on line 7, for that trade or business,
must also be zero.

Schedule D (Form 8995-A)—Special Rules for
Patrons of Agricultural or Horticultural
Cooperatives

Line 14. Report the amount from Schedule D (Form 8995-A), line 6,
if any. Patrons of agricultural or horticultural cooperatives are
required to reduce their QBI component by the lesser of:
• 9% of QBI allocable to qualified payments from a specified
cooperative, or
• 50% of W-2 wages allocable to qualified payments.
If you’re a patron of an agricultural or horticultural cooperative,
complete Schedule D (Form 8995-A). See Schedule D (Form

Line 7. Enter your share of the UBIA for all qualified property for the
trade or business.

You must complete Schedule D (Form 8995-A) if you’re a patron in a
specified agricultural or horticultural cooperative and are claiming a
QBI deduction in relation to your trade or business conducted with
the cooperative. A specified agricultural or horticultural cooperative
is a cooperative that markets or is engaged in the manufacturing,
production, growth, or extraction of any agricultural or horticultural
-6-

Instructions for Form 8995-A (2023)

• Form 1040, 1040-SR, or 1040-NR filers, your qualified dividends
on line 3a, plus your net capital gain. If you’re not required to file
Schedule D (Form 1040), your net capital gain is the amount
reported on Form 1040, 1040-SR, or 1040-NR, line 7. If you file
Schedule D (Form 1040), your net capital gain is the smaller of
Schedule D (Form 1040), line 15 or 16, unless line 15 or 16 is zero or
less, in which case nothing is added to your qualified dividends.
• Form 1041 filers, your qualified dividends allocable to estates and
trusts on line 2b(2). For estates or trusts required to file Schedule D
(Form 1041), add the qualified dividends to the smaller of
Schedule D (Form 1041), line 18a(2), or line 19(2), unless either
line 18a(2) or 19(2) is zero or less, in which case nothing is added to
your qualified dividends.
• Form 1041-N filers, your qualified dividends line 2b, plus the
smaller of Form 1041-N, Schedule D, lines 10 or 11, unless line 10
or 11 is zero or less, in which case nothing is added to your qualified
dividends.
• Form 990-T filers who are trusts, Schedule D (Form 1041), the
smaller of line 18(a)(2) or 19(2), unless either line 18(a)(2) or 19(2) is
zero or less, in which case the net capital gain for purposes of
section 199A is zero.
• S-corporation portion of an ESBT, your ESBT Tax Worksheet,
line 2b, plus the smaller of your ESBT’s Schedule D (Form 1041),
line 18(a)(2), or line 19(2), is zero or less, in which case nothing is
added to your qualified dividends.

8995-A)—Special Rules for Patrons of Agricultural or Horticultural
Cooperatives, earlier.
Line 15. Subtract the patron reduction on line 14 from the amount
on line 13. If zero or less, enter zero.
Line 16. Add all amounts reported on line 15. If there are four or
more trades or businesses, include line 15 amounts from all trades
or businesses and complete line 16 only on the first page. Leave
line 16 blank on the attached statements described in the line 2
instructions.

TREASURY/IRS
AND OMB USE
ONLY DRAFT
December 5, 2023

Part III—Phased-in Reduction

Complete Part III only if your taxable income is more than $182,100
but not $232,100 ($364,200 and $464,200 if married filing jointly)
and line 10 is less than line 3. Otherwise, skip Part III.
Line 20. See Taxable income before qualified business income
deduction, earlier.

Part IV—Determine Your Qualified Business
Income Deduction

If you’re claiming a QBI deduction, you must complete Part IV.

Line 28. If the net amount is a loss, enter as a negative number.
Any negative amount will be carried forward to the next year. This
carryforward doesn’t affect the deductibility of the loss for purposes
of any other provisions of the Code.

Line 39. Enter the amount from line 39 on Form 1040 or 1040-SR,
line 13; Form 1040-NR, line 13a; Form 1041, line 20; Form 1041-N,
line 9; Form 990-T, line 9; S-corporation portion of an ESBT, line 11.

Line 33. See Taxable income before qualified business income
deduction, earlier.

Line 40. If the sum of lines 28 and 29 result in a loss (negative
number), the loss must be carried forward to next year.

Line 34. Enter the amount from your tax return as follows.

Instructions for Form 8995-A (2023)

-7-

QBI Flow Chart
Figure 1. Use this chart to determine if an item of income, gain, deduction, or loss is included in QBI.
No

1. Is the item effectively connected with the conduct of a trade or
business within the United States?
Yes

TREASURY/IRS
AND OMB USE
ONLY DRAFT
December 5, 2023
2. Is the item from a trade or business (this includes general
business income and deduction items as well as deductible tax on
self-employment income, self-employed health insurance,
contributions to qualified retirement plans, unreimbursed
partnership expenses, and interest expenses for the purchase of the
partnership/S corporation interest/stock)?

No

Yes

3. If the item is from a pass-through entity (partnership,
S corporation, or trust) and the character of the item can’t be
determined at the entity level (section 1231 gains/losses, involuntary
conversions, interest from debt-financed distributions, etc.), did you
determine the item to be ordinary (not capital or personal)? Note: If
the item isn’t from a pass-through entity and it doesn’t require a
determination at the investor level, skip this test.

No

Yes

4. Is the item included in figuring your taxable income? Items
disallowed or limited, including the basis, at-risk, passive loss, or
excess business loss rules, aren’t included in QBI until the year
included in taxable income.

No

Yes

Yes

5. Is the item treated as a capital gain (loss) or dividend/dividend
equivalent?
No

6. Is the item interest income other than interest income allocable to
a trade or business? Note: Interest income from an investment of
working capital, reserves, or similar accounts isn’t allocable to a
trade or business.

Yes

No
Yes

7. Is the item an annuity, other than an annuity received in
connection with the trade or business?
No
8. Is the item a commodities transaction, foreign currency gain (loss)
described in section 954(c)(1)(C) or (D), or from a notional principal
contract under section 954(c)(1)(F)?

Yes

No
9. Is the item qualified PTP income (loss)? If “Yes,” it’s not QBI, but
it’s included in the REIT/PTP component of the QBI computation.
Include this item as a qualified item of income, gain, deduction, or
loss from a PTP.

Yes

No
Yes

10. Is the item W-2 wage income (except where “Statutory
employee” is checked in box 13 of Form W-2)?

This item isn’t QBI.

No
See Figure 2, QBI Flow
Chart (continued).

-8-

Instructions for Form 8995-A (2023)

QBI Flow Chart (continued)
Figure 2. Use this chart to determine if an item of income, gain, deduction, or loss is included in QBI.
Yes

11. Is the item an amount received for reasonable compensation
from an S corporation, an amount received as a guaranteed
payment, or a payment received for services other than in a capacity
as a partner under section 707(a)?

TREASURY/IRS
AND OMB USE
ONLY DRAFT
December 5, 2023
No

No

12. Is the item related to an SSTB?
Yes

Yes

13. Is your taxable income at or below the threshold?
No

14. Is your taxable income above the threshold and within the
phase-in range? If “Yes,” this item is partially includible in QBI.
Complete Schedule A (Form 8995-A).

Yes

This item is QBI.

This item isn’t QBI.

No

Tracking Losses or Deductions
Suspended by Other Provisions

prior year suspended losses allowed must first be allocated to any
losses suspended from 2017 and earlier, until the pre-2018 losses
(row 1) are exhausted. All prior year suspended losses allowed
allocated to pre-2018 years are Non-QBI. Once all pre-2018 losses
have been used, losses will be allocated based on the QBI Fixed
Percentage in column B for each subsequent year in which losses
were suspended.

A worksheet, QBI Loss Tracking Worksheet (below), is
provided that can help you track your suspended losses.
CAUTION Losses and deductions that would be properly includible in
QBI, if such loss or deduction wasn't suspended (excluded from
taxable income) by other provisions, must be tracked separately for
purposes of determining the future amount includible as negative
QBI. Use as many copies of the worksheet as necessary to
separately track your suspended loss(es) under each suspending
provision.

!

Prior Year Suspended Losses Allowed in 2018

Note. If column C, row 2, is zero, skip Step 1 through Step 3.

Step 1. Allocate prior year suspended losses allowed from column
C, row 2, up to the total suspended losses reported in column A, row
1, to column F, row 2.

Specific Instructions

Step 2. If there are any prior year suspended losses allowed
remaining from column C, row 2, after Step 1, allocate the remaining
prior year suspended losses allowed between QBI and Non-QBI.
1. For the allocation to QBI, multiply the remaining losses (after
Step 1), up to the total suspended losses reported in column A, row
2, by column B, row 2, and enter this amount in column J, row 2.
2. For the allocation to Non-QBI, multiply the remaining losses
(after Step 1), up to the total suspended losses reported in column
A, row 2, by 100% less the amount in column B, row 2, and add it to
any amount already included in column F, row 2.

Note. All losses should be entered as a negative number on the
worksheet.
Column A. Total suspended losses in year of disallowance.
For rows 1 through 7, enter your suspended losses by year starting
with any pre-2018 losses. Additional rows can be added as needed
in future years. Allocate these losses between Non-QBI and QBI in
columns E and I. See below.
Note. All pre-2018 losses are allocable to Non-QBI.

Step 3. Complete the instructions for columns G, K, H, and L for
rows 1 and 2.

Column E. Non-QBI suspended losses. For rows 1 through 8,
enter suspended losses allocable to Non-QBI into the appropriate
year row (row 1, pre-2018; row 2, 2018; row 3, 2019, etc.).

Prior Year Suspended Losses Allowed in 2019

Column I. QBI suspended losses. For rows 2 through 8, enter
suspended losses allocable to QBI into the appropriate year row
(row 2, 2018; row 3, 2019, etc.).

Note. If column C, row 3, is zero, skip Step 4 through Step 6.
Step 4. Allocate prior year suspended losses allowed from column
C, row 3, up to the remaining suspended losses reported in column
H, row 1, to column F, row 3.

Column B. QBI fixed percentage. Divide column I by column A for
each year and enter the percentage in the corresponding year row.
Column C. Prior year suspended losses allowed. For rows 2
through 7, enter any prior year suspended losses allowed in the
corresponding row for the year allowed.

Step 5. If there are any prior year suspended losses allowed
remaining from column C, row 3, after Step 4, allocate the remaining
prior year suspended losses allowed between QBI and Non-QBI
using the FIFO method until each year's loss has been reduced to
zero.
1. For the allocation to QBI, multiply the remaining losses (after
Step 4), up to the sum of the remaining suspended losses reported
in column H, row 2, and column L, row 2, by column B, row 2, and
enter this amount in column J, row 3.
2. For the allocation to Non-QBI, multiply the remaining losses
(after Step 4), up to the sum of the remaining suspended losses

Note. The total prior year suspended losses allowed entered in
column C, row 8, can't exceed the total amount entered in column A,
row 8.
Column F. Non-QBI allocated prior year suspended losses allowed; and column J, QBI allocated prior year suspended losses allowed. When allocating prior year suspended losses allowed
(column C) between Non-QBI (column F) and QBI (column J), the
First-In-First-Out (FIFO) method must be used. To apply this rule,

Instructions for Form 8995-A (2023)

-9-

reported in column H, row 2, and column L, row 2, by 100% less the
amount in column B, row 2, and add it to any amount already
included in column F, row 3.
3. If any prior year suspended losses allowed remain from
column C, row 3, after Steps 5(a) and (b), multiply the remaining
losses (after Steps 5(a) and (b)), up to the sum of the remaining
suspended losses reported in column H, row 3, and column L, row 3,
by column B, row 3, and add it to any amount already included in
column J, row 3.
4. Then, multiply the remaining losses (after Steps 5(a) and
(b)), up to the sum of the remaining suspended losses reported in
column H, row 3, and column L, row 3, by 100% less the amount in
column B, row 3, and add it to any amount already included in
column F, row 3.

Column D. Allowed losses limited by other Code sections.
When a prior year suspended loss allowed under one Code section
is subsequently limited by another Code section, this loss shouldn't
be included in the QBI calculation until the loss is allowed in the
computation of taxable income. Instead, that loss is added to the
total suspended losses in the year of disallowance under the new
limiting Code section for continuation of its suspension. This column
along with row 9, addresses how to account for such losses.
In column D, enter the amount of any prior year suspended
losses allowed under this Code section, but subsequently
disallowed under another Code section on the row for the year the
loss was allowed under this Code section. These amounts will be
allocated between Non-QBI and QBI in columns G and K for the
corresponding year. See Row 9 below.

Step 6. Complete the instructions for columns G, K, H, and L for
rows 1 through 3.

Row 9. Allocation of allowed losses limited by other Code sections. To allocate the allowed losses limited by other Code sections
between QBI and Non-QBI, start with QBI for the 2018 row. Divide
column K(i), row 8, by the sum of column K(i), row 8, and column
G(i), row 8, multiplied by column D, row 2, and enter this amount in
column K(i), row 9. Written as a formula: column K(i), row 9 = column
D, row 2 x (column K(i), row 8 ÷ (column K(i), row 8 + column G(i),
row 8)).
Next, compute the amount for Non-QBI for the 2018 row. Divide
column G(i), row 8, by the sum of column G(i), row 8, and column
K(i), row 8, multiplied by column D, row 2, and enter this amount in
column G(i), row 9. Written as a formula: column K(i), row 9 =
column D, row 2 x (column G(i), row 8 ÷ (column G(i), row 8 +
column K(i), row 8)).
Continue the computation for columns K(ii) and G(ii), K(iii) and
G(iii), K(iv) and G(iv), and then for columns K(v) and G(v), except
multiply the percentage times the amount in column D, row 5, for
2021, column D, row 6, for 2022, and column D, row 7, for 2023,
respectively.

TREASURY/IRS
AND OMB USE
ONLY DRAFT
December 5, 2023

Prior Year Suspended Losses Allowed in 2020 and
Beyond
Repeat Step 4 through Step 6 and adjust as necessary for any prior
year suspended losses allowed in column C, row 4, and each row
thereafter, as applicable.
Additional year rows and columns may be added as needed in
future years.

Columns G and K. Utilized “20XX.” Use these columns to show
how the allocated prior year suspended losses allowed in columns F
and J are utilized each year. For example, the loss reported in
column F, row 2, must tie to the amount reported in column G(i), row
8, and the loss reported in column F, row 3, must tie to the amount
reported in column G(ii), row 8, etc.

Row 10. Total prior year suspended losses allowed that must
be included in QBI. The amounts reported in columns K(i), K(ii),
K(iii), K(iv), and/or K(vi) for row 10, equal the loss amount that must
be included in your current year QBI, respectively, for each year, as a
loss from a separate trade or business.

Column H. Remaining suspended losses. For each row, take the
amount in column E less the amounts utilized in all columns G(i),
G(ii), G(iii), G(iv), and G(v). This amount can't be more than zero.

Column L. Remaining suspended losses. For each row, take the
amount in column I less the amounts utilized in all columns K(i), K(ii),
K(iii), K(iv), and K(v). This amount can't be more than zero.

-10-

Instructions for Form 8995-A (2023)

Keep for Your Records
QBI Loss Tracking Worksheet
Use this worksheet to track losses or deductions suspended by other provisions and attributable to QBI using FIFO method.
Code
[Enter the Code section limiting your loss]

TREASURY/IRS
AND OMB USE
ONLY DRAFT
December 5, 2023
Part I

Suspended & Allowed Losses
A. Total suspended
losses in year
of disallowance

B. QBI fixed percentage

0.00 %

1. Pre-2018
2.
2018
3.
2019
4.
2020
5.
2021
6.
2022
7.
2023
8.
Total

Part II

D. Allowed losses
limited by other
Code sections

C. Prior year
suspended
losses allowed

%
%
%
%
%
%

Non-QBI Suspended and Allowed Losses

Allocable to Non-QBI

E. Suspended
losses

F. Allocated
prior year
suspended
losses allowed

G(i).
Utilized
2018

G(ii).
Utilized
2019

G(iii).
Utilized
2020

G(iv).
Utilized
2021

G(v).
Utilized
2022

G(vi).
Utilized
2023

H. Remaining
suspended
losses

K(ii).
Utilized
2019

K(iii).
Utilized
2020

K(iv).
Utilized
2021

K(v).
Utilized
2022

K(vi).
Utilized
2023

L. Remaining
suspended
losses

1. Pre-2018
2.
2018
3.
2019
4.
2020
5.
2021
6.
2022
7.
2023
8.
Total

9. Allocation of allowed losses limited by other
Code sections . . . . . . . . .

Part III

QBI Suspended and Allowed Losses

Allocable to QBI
I. Suspended
losses

J. Allocated
prior year
suspended
losses allowed

K(i).
Utilized
2018

1. Pre-2018
2.
2018
3.
2019
4.
2020
5.
2021
6.
2022
7.
2023
8.
Total
9. Allocation of allowed losses limited by other
Code sections . . . . . . . . .
10. Total prior year suspended losses allowed
that must be included in QBI . . . . .

Instructions for Form 8995-A (2023)

-11-

Paperwork Reduction Act Notice

displays a valid OMB control number. Books or records relating to a
form or its instructions must be retained as long as their contents
may become material in the administration of any Internal Revenue
law. Generally, tax returns and return information are confidential, as
required by section 6103.

We ask for the information on this form to carry out the Internal
Revenue laws of the United States. You are required to give us the
information. We need it to ensure that you are complying with these
laws and to allow us to figure and collect the right amount of tax.
You are not required to provide the information requested on a
form that is subject to the Paperwork Reduction Act unless the form

The time needed to complete and file this form will vary
depending on individual circumstances.

TREASURY/IRS
AND OMB USE
ONLY DRAFT
December 5, 2023

Form

Recordkeeping

Learning

8995
8995-A
Schedule A (8895-A)
Schedule B (8895-A)
Schedule C (8895-A)
Schedule D (8895-A)

4 hr., 43 min.
7 hr., 52 min.
3 hr., 16 min.
1 hr., 34 min.
1 hr., 19 min.
1 hr., 5 min.

51 min.
1 hr., 53 min.
7 min.
—
7 min.
16 min.

-12-

Preparing, copying, assembling, and
sending
2 hr., 6min.
6 hr., 6 min.
1 hr., 15 min.
20 min.
50 min.
47 min.

Instructions for Form 8995-A (2023)