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                                                                                              Department of the Treasury
                                                                                              Internal Revenue Service
2022

Instructions for Form 8995

Qualified Business Income Deduction Simplified Computation

Section references are to the Internal Revenue Code unless         Instructions for Form 1120-S, U.S. Income Tax Return for an S 
otherwise noted.                                                   Corporation, and Form 1065, U.S. Return of Partnership Income.
                                                                   Cooperatives.  Cooperatives aren’t eligible for the deduction. 
Future Developments                                                Instead, cooperatives must provide the necessary information to 
For the latest information about developments related to Form      their patrons on Form 1099-PATR or an attachment to help 
8995 and its instructions, such as legislation enacted after they  eligible patrons figure their deduction. Certain agricultural or 
were published, go to IRS.gov/Form8995.                            horticultural cooperatives may qualify for a deduction under 
                                                                   section 199A(g). See the Instructions for Form 1120-C, U.S. 
What’s New                                                         Income Tax Return for Cooperative Associations, for rules 
Taxable income limitation adjustments.    Taxable income           applicable to agricultural and horticultural cooperatives.
limitations are adjusted for inflation and increased. The married  Estates and trusts.  To the extent that a grantor or another 
filing separately income limitation amount is the same as the      person is treated as owning all or part of a trust or estate, the 
“Single” income limitation amount for the 2022 tax year.           owner will compute its QBI deduction for the portion owned as if 
Filing status name changed to qualifying surviving spouse.         section 199A items had been received directly by the owner. 
The filing status qualifying widow(er) is now called qualifying    Generally, a non-grantor trust or estate may either claim the QBI 
surviving spouse. The rules for the filing status have not         deduction or provide information to their beneficiaries. In 
changed. The same rules that applied for qualifying surviving      determining the QBI deduction or the information that must be 
widow(er) apply to qualifying surviving spouse.                    provided to beneficiaries, the estate or trust allocates section 
                                                                   199A items based on the relative proportion of the estate's or 
A method to track losses or deductions suspended by oth-           trust's distributable net income (DNI) for the tax year distributed 
er provisions. A worksheet is added to provide a reasonable        (or required to be distributed) to the beneficiary or retained by 
method to track and compute your previously disallowed losses      the estate or trust. If the estate or trust has no DNI for the tax 
or deductions to be included in your qualified business income     year, section 199A items are allocated entirely to the estate or 
deduction calculation for the year allowed. A new row has been     trust.
included for the 2022 suspended and allowed losses. See 
                                                                   Although estates and trusts may compute their own QBI 
Tracking Losses or Deductions Suspended by Other Provisions, 
                                                                   deduction, to the extent section 199A items are allocable to the 
later.
                                                                   estate or trust, section 199A items allocated to beneficiaries 
                                                                   aren’t includible in the estate’s or trust’s QBI deduction 
General Instructions                                               computation. See the Instructions for Form 1041, U.S. Income 
                                                                   Tax Return for Estates and Trusts.
Purpose of Form                                                    Electing Small Business Trusts (ESBT).   An ESBT must 
Use Form 8995 to figure your qualified business income (QBI)       compute the QBI deduction separately for the S and non-S 
deduction. Individual taxpayers and some trusts and estates        portions of the trust. The Form 8995 used to compute the S 
may be entitled to a deduction of up to 20% of their net QBI from  portion’s QBI deduction must be attached as a PDF to the ESBT 
a trade or business, including income from a pass-through entity,  tax worksheet filed with Form 1041. When attached to the ESBT 
but not from a C corporation, plus 20% of qualified real estate    tax worksheet, the trust must show that the information is 
investment trust (REIT) dividends and qualified publicly traded    applicable to the S portion only, by writing “ESBT” in the top 
partnership (PTP) income. However, your total QBI deduction is     margin of the Form 8995. See the Instructions for Form 1041.
limited to 20% of your taxable income, calculated before the QBI 
deduction, minus net capital gain.                                 Determining Your Qualified Trades or 
Who Can Take the Deduction                                         Businesses
Individuals and eligible estates and trusts that have QBI use      Your qualified trades and businesses include your domestic 
Form 8995 to figure the QBI deduction if:                          trades or businesses for which you’re allowed a deduction for 
You have QBI, qualified REIT dividends, or qualified PTP         ordinary and necessary business expenses under section 162. 
income or loss (all defined later); and                            However, trades or businesses conducted by corporations and 
Your 2022 taxable income before your QBI deduction is less       the performance of services as an employee aren’t qualified 
than or equal to $170,050 if single, married filing separately,    trades or businesses. Generally, specified service trades or 
head of household, qualifying surviving spouse, or are a trust or  businesses (SSTBs) aren’t qualified trades or businesses. 
estate, or $340,100 if married filing jointly; and                 However, all or a part of the SSTB may be a qualified trade or 
You aren’t a patron in a specified agricultural or horticultural business if your taxable income is at or below the threshold or 
cooperative.                                                       within the phase-in range.
  Otherwise, use Form 8995-A, Qualified Business Income            As provided in section 162, an activity qualifies as a trade or 
Deduction, to figure your QBI deduction.                           business if your primary purpose for engaging in the activity is for 
                                                                   income or profit and you’re involved in the activity with continuity 
S corporations and partnerships.   S corporations and              and regularity.
partnerships aren’t eligible for the deduction, but must pass 
through to their shareholders or partners the necessary            For purposes of section 199A, if you own an interest in a 
information on an attachment to Schedule K-1. See the              pass-through entity, the trade or business determination is made 

Mar 9, 2023                                                Cat. No. 69662S



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at the entity level. Material participation under section 469 isn’t     or $340,100 if married filing jointly, your SSTB is treated as a 
required to qualify for the QBI deduction. Eligible taxpayers with      qualified trade or business.
income from a trade or business may be entitled to the QBI              Exception 2: If your taxable income before the QBI 
deduction if they otherwise satisfy the requirements of section         deduction is more than $170,050 but not more than $220,050 if 
199A.                                                                   single, head of household, qualifying surviving spouse, or are a 
                                                                        trust or estate, and is more than $340,100 but not more than 
  The ownership and rental of real property may constitute a            $440,100 if married filing jointly, an applicable percentage of 
trade or business if it meets the standard described above. Also,       your SSTB is treated as a qualified trade or business, you must 
Rev. Proc. 2019-38 provides a safe harbor under which a rental          complete Schedule A (Form 8995-A).
real estate enterprise will be treated as a trade or business for 
purposes of the QBI deduction. Rental real estate that doesn’t          Aggregation. If you’re engaged in more than one trade or 
meet the requirements of the safe harbor may still be treated as        business, each trade or business is a separate trade or business 
a trade or business for purposes of the QBI deduction if it’s a         for purposes of section 199A. However, you may choose to 
section 162 trade or business.                                          aggregate multiple trades or businesses into a single trade or 
                                                                        business for purposes of figuring your deduction, if you meet the 
  The rental or licensing of property to a commonly controlled          following requirements.
trade or business operated by an individual or a pass-through           1. You or a group of persons directly or indirectly own 50% 
entity is considered a trade or business under section 199A.            or more of each trade or business for the majority of the tax year, 
Services performed as an employee excluded from quali-                  including the last day of the tax year, and all trades or 
fied trades or businesses.  The trade or business of                    businesses use the same tax year end;
performing services as an employee isn’t a trade or business for        2. None of the trades or businesses are an SSTB and
purposes of section 199A. Therefore, any amounts reported on            3. The trades or businesses meet at least two of the 
Form W-2, box 1, other than amounts reported in box 1 if                following factors:
“Statutory Employee” on Form W-2, box 13, is checked, aren’t 
QBI. If you were previously an employee of a business and               a. They provide products, property, or services that are the 
continue to provide substantially the same services to that             same or that are customarily offered together.
business after you’re no longer treated as an employee, there is        b. They share facilities or share significant centralized 
a presumption that you’re providing services as an employee for         business elements such as personnel, accounting, legal, 
purposes of section 199A for the 3-year period after ceasing to         manufacturing, purchasing, human resources, or information 
be an employee. You can rebut this presumption on notice from           technology resources.
the IRS by providing records such as contracts or partnership           c. They are operated in coordination with, or reliance on, 
agreements that corroborate your status as a non-employee.              one or more of the businesses in the aggregated group.
  For more information on if you’re an employee or an 
independent contractor, see Pub. 15-A, Employer’s                       If a relevant pass-through entity (RPE) aggregates multiple 
Supplemental Tax Guide, and Pub. 1779, Independent                      trades or businesses, you may not separate the trades or 
Contractor or Employee.                                                 businesses aggregated by the RPE, but you may add additional 
                                                                        trades or businesses to the aggregation, if the rules above are 
SSTBs excluded from your qualified trades or businesses.                met.
An SSTB is generally excluded from the definition of qualified          If you choose to aggregate multiple trades or businesses, 
trade or business.                                                      including or apart from any aggregations made by an RPE, 
  An SSTB is any trade or business providing services in the            complete Schedule B (Form 8995-A) before starting Part I of 
fields of:                                                              Form 8995-A. You must attach any RPE aggregation 
Health;                                                               statement(s) to your Schedule B (Form 8995-A).
Law;                                                                  If you’re not making an aggregation election and are therefore 
Accounting;                                                           not required to file a Schedule B (Form 8995-A), attach your 
Actuarial science;                                                    RPE’s aggregation statement(s), to your Form 8995-A.
Performing arts;
Consulting;                                                           Your aggregations must be reported consistently for all 
Athletics;                                                            subsequent years, unless there is a significant change in facts 
Financial services;                                                   and circumstances that disqualify the aggregation.
Brokerage services;
Investing and investment management;                                  Note. You must combine the QBI, W-2 wages, and Unadjusted 
Trading or dealing in securities, partnership interests,              Basis Immediately after Acquisition (UBIA) of qualified property 
commodities; or                                                         for all aggregated trades or businesses, for purposes of applying 
Any trade or business where the principal asset is the                the W-2 wages and UBIA of qualified property limits. However, 
reputation or skill of one or more of its employees or owners, as       these limits won’t apply until your income, before the QBI 
demonstrated by:                                                        deduction, is more than the threshold. If your income is more 
                                                                        than the threshold, you must use Form 8995-A.
  –Receiving fees, compensation, or other income for 
  endorsing products or services;                                       Determining Your Qualified Business 
  –Licensing or receiving fees, compensation or other income 
  for the use of taxpayer’s image, likeness, name, signature,           Income
  voice, trademark, or any other symbols associated with the            Your QBI includes qualified items of income, gain, deduction, 
  individual’s identity; or                                             and loss from your trades or businesses that are effectively 
  –Receiving fees, compensation, or other income for                    connected with the conduct of a trade or business in the United 
  appearing at an event or on radio, television, or another             States. This includes qualified items from partnerships (other 
  media format.                                                         than PTPs), S corporations, sole proprietorships, and certain 
  Exception 1: If your 2022 taxable income before the QBI               estates and trusts that are allowed in calculating your taxable 
deduction is less than or equal to $170,050 if single, head of          income for the year.
household, qualifying surviving spouse, or are a trust or estate, 

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  To figure the total amount of QBI, you must consider all items        your QBI deduction calculation in the year allowed, see Tracking 
that are attributable to the trade or business. This includes, but      Losses or Deductions Suspended by Other Provisions, later.
isn’t limited to, unreimbursed partnership expenses, business 
interest expense, deductible part of self-employment tax,               When losses or deductions previously suspended by other 
self-employment health insurance deduction, and contributions           Code provisions are allowed in calculating taxable income, the 
to qualified retirement plans. QBI doesn’t include any of the           qualified portion of the loss or deduction allowed under each 
following:                                                              provision is treated as a qualified net loss carryforward from a 
Items that aren’t properly included in income.                        separate trade or business when calculating the current year’s 
Income that isn’t effectively connected with the conduct of a         QBI deduction. See Line 3.
trade or business within the United States (go to IRS.gov/ECI).         Any qualified loss or deduction from an SSTB allowed in 
Wage income (except “Statutory Employees” where Form                  calculating taxable income isn’t included on the Schedule A 
W-2, box 13, is checked).                                               (Form 8995-A) as the applicable percentage was previously 
Amounts received as reasonable compensation from an S                 determined and applied in the year the loss or deduction was 
corporation.                                                            incurred and should not be redetermined in the year the loss or 
Amounts received as guaranteed payments.                              deduction is allowed.
Amounts received as payments by a partner for services other 
than in a capacity as a partner.                                        Determining if items included on Schedule K-1 are inclu-
Items treated as capital gains or losses under any provision of       ded in QBI. The amounts reported on your Schedule K-1 as 
the Internal Revenue Code (Code).                                       “QBI/Qualified PTP Items Subject to Taxpayer-Specific 
Dividends and dividend equivalents.                                   Determinations” from a partnership, S corporation, estate, or 
Interest income not properly allocable to a trade or business.        trust aren’t automatically included in your QBI. To figure if the 
Commodities transactions or foreign currency gains or losses.         item of income, gain, deduction, or loss is included in QBI, you 
Income, loss, or deductions from notional principal contracts.        must look to how it’s reported on your federal income tax return. 
Annuities (unless received in connection with the trade or            For example, ordinary business income or loss is generally 
business).                                                              included in QBI if it was used in computing your taxable income, 
Qualified REIT dividends.                                             not excluded, suspended, or disallowed under any other section 
Qualified PTP income.                                                 of the Code. 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 
  See the QBI Flow Chart, later, to figure if an item of income,        figure if an item of income, gain, deduction, or loss is included in 
gain, deduction, or loss is included in QBI.                            QBI.
  Losses or deductions from a qualified trade or business that          Determining if information reported on your Form 
are suspended by other provisions of the Internal Revenue Code          1099-PATR is included in QBI. The amounts reported to you 
are not qualified losses or deductions and, therefore, are not          as your share of patronage dividends and similar payments on 
included in your QBI for the year. Such Code provisions include,        Form 1099-PATR aren’t automatically included in your QBI. 
but aren’t limited to, sections 163(j), 179, 461(l), 465, 469,          Payments may be included in QBI to the extent they are (1) 
704(d), and 1366(d). Instead, qualified losses and deductions           related to your trade or business, (2) reported to you by the 
are taken into account in the tax year they’re included in              cooperative as qualified income items on an attachment to Form 
calculating your taxable income.                                        1099-PATR, and (3) not payments reported as from an SSTB, 
  When losses or deductions are suspended, you must                     unless your taxable income is at or below the threshold, in which 
determine the qualified portion of the losses or deductions that        case payments from SSTBs are included in your QBI.
must be included in QBI in subsequent years when allowed in             If you received qualified payments reported to you on Form 
calculating your taxable income. In general, losses and                 1099-PATR from a specified agricultural or horticultural 
deductions incurred prior to 2018 are not qualified losses or           cooperative, you must reduce your QBI by the patron reduction 
deductions and are not included in QBI in the year they are             and use Form 8995-A to compute your QBI deduction.
included in calculating taxable income.
                                                                        Determining if items on Schedule C (Form 1040) are inclu-
  If a loss or deduction is partially suspended, only the portion       ded in QBI. The net gain or loss reported on your Schedule C 
of the allowed loss or deduction attributable to QBI must be            (Form 1040) isn’t automatically included in your QBI. See the 
considered when determining QBI from the trade or business in           QBI Flow Chart, later, to figure if an item of income, gain, 
the year the loss or deduction is incurred. The portion of the          deduction, or loss is included in QBI.
allowed loss or deduction attributable to QBI is determined by 
first calculating the percentage of the total loss attributable to      Determining Your Qualified REIT 
QBI by dividing the portion of the total loss attributable to QBI by 
the overall total loss. The allowed loss or deduction is then           Dividends and Qualified PTP Income/
multiplied by this percentage to determine the portion of the           Loss
allowed loss or deduction attributable to QBI.
                                                                        Qualified REIT dividends include any dividends you received 
  If your trade or business is an SSTB, whether the trade or            from a REIT held for more than 45 days and for which the 
business is a qualified trade or business is determined based on        payment isn’t obligated to someone else and that isn’t a capital 
your taxable income in the year the loss or deduction is incurred.      gain dividend or qualified dividend, plus your qualified REIT 
If your taxable income is within the phase-in range in that year,       dividends received from a regulated investment company (RIC). 
you must determine and apply the applicable percentage in the           This amount is reported to you on Form 1099-DIV, line 5.
year the loss or deduction was incurred to determine the 
qualified portion of the suspended loss or deduction.                   Qualified PTP income or loss includes your share of qualified 
                                                                        items of income, gain, deduction, and loss from a PTP. It may 
  Losses and deductions retain their status as either qualified         also include gain or loss recognized on the disposition of your 
or non-qualified from year to year while suspended. Therefore,          partnership interest that isn’t treated as a capital gain or loss.
you must track each category of loss or deduction until the loss 
or deduction is no longer suspended. For an example of a                Note. PTP income generated by an SSTB may be limited to the 
reasonable method to track and compute the amount of                    applicable percentage or excluded if your taxable income 
previously disallowed losses or deductions to be included in            exceeds the threshold, in which case you may need to complete 
Instructions for Form 8995 (2022)                                    -3-



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Part II of Schedule A (Form 8995-A). See the Instructions for           the trade(s) or business(es) and include the income and loss 
Form 8995-A for more information.                                       from those trade(s) or business(es) in the total for line 2.
When losses or deductions from a PTP are suspended in the 
year incurred, you must determine the qualified portion of the          Line 3
losses or deductions that must be included as qualified PTP             Include here the qualified portion of trade or business (loss) 
losses or deductions in subsequent years when allowed in                carryforward allowed in calculating taxable income in the current 
calculating your taxable income. In general, losses and                 year, even if the loss was from a trade or business that is no 
deductions that were incurred prior to 2018 are not qualified PTP       longer in existence. See Determining Your Qualified Business 
losses or deductions and are not included in calculating taxable        Income, earlier, and Tracking Losses or Deductions Suspended 
income.                                                                 by Other Provisions, later. Losses and deductions that remain 
If your PTP is an SSTB, whether the PTP loss is a qualified             suspended by other Code provisions are not qualified losses 
loss is determined based on your taxable income in the year the         and deductions and must be tracked separately for use when 
loss or deduction is incurred. If your taxable income is within the     subsequently allowed in calculating taxable income.
phase-in range in that year, you must determine and apply the 
applicable percentage in the year the loss or deduction was             Line 4
incurred to determine the qualified portion of the suspended loss       If you have a qualified business net loss for the year, you don’t 
or deduction.                                                           qualify for the QBI deduction unless you have qualified REIT 
Losses and deductions retain their status as either qualified           dividends or PTP income. The loss will be carried forward to next 
or non-qualified from year to year while suspended. Therefore,          year. This carryforward doesn’t affect the deductibility of the loss 
you must track each loss or deduction from a PTP until the loss         for purposes of any other provisions of the Code.
or deduction is no longer suspended.
                                                                        Line 6
When losses or deductions previously suspended by other 
Code provisions are allowed in calculating taxable income, the          Enter income as a positive number and losses as a negative 
qualified portion of the loss or deduction allowed for each PTP is      number.
treated as a qualified net loss carryforward from a separate PTP 
when calculating the current year’s QBI deduction. See Line 7.          Line 7
Any qualified PTP loss or deduction from an SSTB allowed in             Include here the qualified portion of PTP (loss) carryforward 
calculating taxable income isn’t included on the Schedule A             allowed in calculating taxable income in the current year, even if 
(Form 8995-A) as the applicable percentage was previously               the loss was from a PTP that you no longer hold an interest in or 
calculated and applied in the year the loss or deduction was            is no longer in existence. Losses and deductions that remain 
incurred and should not be redetermined in the year the loss or         suspended by other Code provisions are not qualified losses 
deduction is allowed.                                                   and deductions and must be tracked separately from any 
                                                                        qualified trade or business losses for use when subsequently 
Specific Instructions                                                   allowed in calculating taxable income.

                                                                        Line 8
Line 1
                                                                        Any negative amount will be carried forward to the next year. 
If you aggregated multiple trades or businesses into a single 
                                                                        This carryforward doesn’t affect the deductibility of the loss for 
business, enter the aggregation group name. For example,                purposes of any other provisions of the Code.
Aggregation 1, 2, 3, etc., instead of entering the business name, 
and leave line 1(b) blank.
                                                                        Line 11
Note.  If you aggregated trades or businesses, you must attach          Enter your taxable income figured before any QBI deduction, 
Schedule B (Form 8995-A) or similar schedule.                           computed as follows.
                                                                        Form 1040, 1040-SR, or 1040-NR filers: Form 1040, 
If you’re relying on the safe harbor contained in Rev. Proc.            1040-SR, or 1040-NR, line 11, minus Form 1040, 1040-SR, or 
2019-38, enter each enterprise as identified on the statement           1040-NR, line 12.
required for use on the safe harbor. For example, Enterprise 1,         Form 1041 filers: Form 1041, line 23, plus Form 1041, line 20.
2, 3, etc.                                                              Form 1041-N filers: Form 1041-N, line 13, plus qualified 
                                                                        income deduction reported on Form 1041-N, line 9.
Enter on line 1(b) the employer identification number (EIN). If           Form 990-T filers: Form 990-T, Part I, line 11, plus Form 
                                                                        
you don’t have an EIN, enter your social security number (SSN)          990-T, Part I, line 9.
or individual taxpayer identification number (ITIN). If you’re the        S-corporation portion of ESBT filers: ESBT Tax Worksheet, 
                                                                        
sole owner of an LLC that isn’t treated as a separate entity for        line 13, plus ESBT Tax Worksheet, line 11.
federal income tax purposes, enter the EIN given to the LLC. If 
you don’t have an EIN, enter the owner's name and tax                   Line 12
identification number.
                                                                        Enter the amount from your tax return as follows.
Enter on line 1(c) the net qualified business income or (loss)          Form 1040, 1040-SR, or 1040-NR, line 3a, plus your net 
for the trade, business, or aggregation reported in the                 capital gain. If you’re not required to file Schedule D (Form 
corresponding row. Do not include here any losses or                    1040), your net capital gain is the amount reported on Form 
deductions suspended from use in calculating taxable income in          1040, 1040-SR, or 1040-NR, line 7. If you file Schedule D (Form 
the current year or any portion of qualified losses or deductions       1040), your net capital gain is the smaller of Schedule D (Form 
previously suspended by other Code provisions that are allowed          1040), line 15 or 16, unless line 15 or 16 is zero or less, in which 
in calculating taxable income in the current year. See Line 3,          case nothing is added to the qualified dividends.
later.                                                                  Form 1041, line 2b(2), plus your net capital gain. For estates 
                                                                        or trusts required to file Schedule D (Form 1041), add the 
Line 2                                                                  qualified dividends to the smaller of Schedule D (Form 1041), 
If you have more than five trades or businesses, attach a               line 18a(2), or line 19(2), unless either line 18a(2) or 19(2) is 
statement with the name and taxpayer identification number of 

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zero or less, in which case nothing is added to the qualified          Column B. QBI fixed percentage.     Divide column I by column 
dividends.                                                             A for each year and enter the percentage in the corresponding 
Form 1041-N, line 2b, plus the smaller of Form 1041-N,               year row.
Schedule D, line 10 or 11, unless line 10 or 11 is zero or less, in 
which case nothing is added to the qualified dividends.                Column C. Prior year suspended losses allowed.    For rows 
Form 990-T filers who are trusts, Schedule D (Form 1041),            2 through 6, enter any prior year suspended losses allowed in 
the smaller of line 18a(2) or 19(2), unless either line 18a(2) or      the corresponding row for the year allowed.
19(2) is zero or less, in which case the net capital gain for 
purposes of section 199A is zero.                                      Note. The total prior year suspended losses allowed entered in 
S-corporation portion of an ESBT, your ESBT Tax Worksheet,           column C, row 7, can't exceed the total amount entered in 
line 2b, plus the smaller of your ESBT’s Schedule D (Form              column A, row 7.
1041), line 18a(2) or 19(2) is zero or less, in which case nothing     Column F. Non-QBI allocated prior year suspended losses 
is added to your qualified dividends.                                  allowed and Column J, QBI allocated prior year suspended 
                                                                       loses allowed.  When allocating prior year suspended losses 
Line 15                                                                allowed (column C) between Non-QBI (column F) and QBI 
Enter this amount on your Form 1040 or 1040-SR, line 13; Form          (column J), the First-In-First-Out (FIFO) method must be used. 
1040-NR, line 13a; Form 1041, line 20; Form 1041-N, line 9;            To apply this rule, prior year suspended losses allowed must first 
Form 990-T, line 9; and S-corporation portion of an ESBT,              be allocated to any losses suspended from pre-2018 years, 
line 11.                                                               2017 and earlier, (row 1), until the pre-2018 losses are 
                                                                       exhausted. All prior year suspended losses allowed allocated to 
Line 16                                                                pre-2018 years are Non-QBI. Once all pre-2018 losses have 
This is the amount to be carried forward to the next year. This        been used, losses will be allocated based on the QBI Fixed 
amount will offset QBI in later tax years regardless of whether        Percentage in column B for each subsequent year in which 
the trade(s) or business(es) that generated the loss is still in       losses were suspended.
existence. This carryforward doesn’t affect the deductibility of 
any loss for purposes of any other provisions of the Code.             Prior Year Suspended Losses Allowed in 2018
                                                                       Note. If column C, row 2, is zero, skip Step 1 through Step 3.
Line 17
If the amount is more than zero, the loss must be carried forward      Step 1. Allocate prior year suspended losses allowed from 
to next year. This amount will offset REIT dividends and PTP           column C, row 2, up to the total suspended losses reported in 
income in later tax years regardless of whether the qualified          column A, row 1, to column F, row 2.
PTP(s) that generated the loss is still in existence. This             Step 2. If there are any prior year suspended losses allowed 
carryforward doesn’t affect the deductibility of any loss for          remaining from column C, row 2, after Step 1, allocate the 
purposes of any other provisions of the Code.                          remaining prior year suspended losses allowed between QBI 
                                                                       and Non-QBI.
Tracking Losses or Deductions                                          1. For the allocation to QBI, multiply the remaining losses 
                                                                       (after Step 1), up to the total suspended losses reported in 
Suspended by Other Provisions                                          column A, row 2, by column B, row 2, and enter this amount in 
         A worksheet, QBI Loss Tracking Worksheet, is provided         column J, row 2.
                                                                       2. For the allocation to Non-QBI, multiply the remaining 
CAUTION  Losses and deductions that would be properly includible 
  !      below that can help you track your suspended losses.          losses (after Step 1), up to the total suspended losses reported 
in QBI, if such loss or deduction wasn't suspended (excluded           in column A, row 2, by 100% less the amount in column B, row 2, 
from taxable income) by other provisions, must be tracked              and add it to any amount already included in column F, row 2.
separately for purposes of determining the future amount 
includible as negative QBI. Use as many copies of the                  Step 3. Complete the instructions for columns G, K, H, and L for 
worksheet as necessary to separately track your suspended              rows 1 and 2.
loss(es) under each suspending provision.
                                                                       Prior Year Suspended Losses Allowed in 2019
Specific Instructions                                                  Note. If column C, row 3, is zero, skip Step 4 through Step 6.
Note. All losses should be entered as a negative number on the         Step 4. Allocate prior year suspended losses allowed from 
worksheet.                                                             column C, row 3, up to the remaining suspended losses reported 
                                                                       in column H, row 1, to column F, row 3.
Column A. Total suspended losses in year of disallowance. 
For rows 1 through 5, enter your suspended losses by year              Step 5. If there are any prior year suspended losses allowed 
starting with any pre-2018 losses. Additional rows can be added        remaining from column C, row 3, after Step 4, allocate the 
as needed in future years. Allocate these losses between               remaining prior year suspended losses allowed between QBI 
Non-QBI and QBI in columns E and I. See below.                         and Non-QBI using the FIFO method until each year's loss has 
                                                                       been reduced to zero.
Note. All pre-2018 losses are allocable to Non-QBI.                    1. For the allocation to QBI, multiply the remaining losses 
                                                                       (after Step 4), up to the sum of the remaining suspended losses 
Column E. Non-QBI suspended losses.      For rows 1 through 
                                                                       reported in column H, row 2, and column L, row 2, by column B, 
6, enter suspended losses allocable to Non-QBI into the 
                                                                       row 2, and enter this amount in column J, row 3.
appropriate year row (for example, row 1, pre-2018; row 2, 2018; 
row 3, 2019, etc.).                                                    2. For the allocation to Non-QBI, multiply the remaining 
                                                                       losses (after Step 4), up to the sum of the remaining suspended 
Column I. QBI suspended losses.       For rows 2 through 6, enter      losses reported in column H, row 2, and column L, row 2, by 
suspended losses allocable to QBI into the appropriate year row        100% less the amount in column B, row 2, and add it to any 
(for example, row 2, 2018; row 3, 2019, etc.).                         amount already included in column F, row 3.

Instructions for Form 8995 (2022)                                   -5-



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QBI Flow Chart
Figure 1. Use this chart to determine if an item of income, gain, deduction, or loss is included in QBI.

1. Is the item effectively connected with the conduct of a trade           No
or business within the U.S.?
          Yes
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,                    No
contributions to qualied retirement plans, unreimbursed 
partnership expenses, interest expenses for the purchase of the 
partnership/S corporation interest/stock)?
          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     No
conversions, interest from debt nanced 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.
          Yes

4. Is the item included in guring your taxable income? Items 
disallowed or limited, including the basis, at-risk, passive loss, or      No
excess business loss rules, aren’t included in QBI until the year 
included in taxable income.

          Yes
5. Is the item treated as a capital gain (loss) or dividend/dividend       Yes
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           Yes
working capital, reserves, or similar accounts isn’t allocable to a 
trade or business.
          No
7. Is the item an annuity, other than an annuity received in               Yes
connection with the trade or business?
          No

8. Is the item a commodities transaction, foreign currency gain (loss)     Yes
described in section 954(c)(1)(C) or (D), or from a notional principal 
contract under section 954(c)(1)(F)?
          No
9. Is the item income (loss) from a qualied PTP? If “Yes,” it’s not 
QBI, but it’s included in the REIT/PTP component of the QBI                Yes
computation. Include this item as a qualied item of income, gain, 
deduction, or loss from a PTP.
          No
10. Is the item W-2 wage income (except “Statutory Employees”              Yes This item isn’t QBI.
where Form W-2, box 13, is checked)?
          No         See Figure 2, QBI Flow 
                     Chart (continued).

                                                                       -6-     Instructions for Form 8995 (2022)



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

11. Is the item an amount received for reasonable compensation 
from an S corporation, an amount received as a guaranteed                      Yes
payment, or a payment received for services other than in a capacity 
as a partner under section 707(a)?
          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           Yes    This item is QBI. This item isn’t QBI.
phase-in range? If “Yes,” this item is partially includible in QBI. Use 
Form 8995-A, instead, and complete Schedule A (Form 8995-A). 
          No

Instructions for Form 8995 (2022)                              -7-



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3. If any prior year suspended losses allowed remain from                section is subsequently limited by another Code section, this 
column C, row 3, after Steps 5(a) and (b), multiply the remaining        loss shouldn't be included in the QBI calculation until the loss is 
losses (after Steps 5(a) and (b)), up to the sum of the remaining        allowed in the computation of taxable income. Instead, that loss 
suspended losses reported in column H, row 3, and column L,              is added to the total suspended losses in the year of 
row 3, by column B, row 3, and add it to any amount already              disallowance under the new limiting Code section for 
included in column J, row 3.                                             continuation of its suspension. This column along with row 7 
4. Then, multiply the remaining losses (after Steps 5(a) and             addresses how to account for such losses.
(b)), up to the sum of the remaining suspended losses reported           In column D enter the amount of any prior year suspended 
in column H, row 3, and column L, row 3, by 100% less the                losses allowed under this Code section, but subsequently 
amount in column B, row 3, and add it to any amount already              disallowed under another Code section on the row for the year 
included in column F, row 3.                                             the loss was allowed under this Code section. These amounts 
                                                                         will be allocated between Non-QBI and QBI in columns G and K 
Step 6. Complete the instructions for columns G, K, H, and L for         for the corresponding year. See row 7 below.
rows 1 through 3.
                                                                         Row 8. Allocation of allowed losses limited by other Code 
                                                                         sections. To allocate the allowed losses limited by other Code 
Prior Year Suspended Losses Allowed in 2020 and                          sections between QBI and Non-QBI, start with QBI for the 2018 
Beyond                                                                   row. Take column K(i), row 7, divided by the sum of column K(i), 
                                                                         row 7, plus column G(i), row 7, multiplied by column D, row 2, 
Repeat Step 4 through Step 6 and adjust as necessary for any             and enter this amount in column K(i), row 8. Written as a 
prior year suspended losses allowed in column C, row 4, and              formula: column K(i), row 8 = column D, row 2 x (column K(i), 
each row thereafter, as applicable.                                      row 7 ÷ (column K(i), row 7 + column G(i), row 6)).
                                                                         Next, compute the amount for Non-QBI for the 2018 row. 
Additional year rows and columns may be added as needed                  Take column G(i), row 7, divided by the sum of column G(i), row 
in future years.                                                         7 + column K(i), row 7, multiplied by column D, row 2, and enter 
Columns G and K. Utilized “20XX.”   Use these columns to                 this amount in column G(i), row 8. Written as a formula: column 
show how the allocated prior year suspended losses allowed in            K(i), row 8 = column D, row 2 x (column G(i), row 7 ÷ (column 
columns F and J are utilized each year. For example, the loss            G(i), row 7 + column K(i), row 7)).
reported in column F for row 2 must tie to the amount reported           Continue the computation for columns K(ii) and G(ii), K(iii) 
column G(i), row 6, and the loss reported in column F for row 3          and G(iii), and then for columns K(iv) and G(iv), except multiply 
must tie to the amount reported in column G(ii), row 6, etc.             the percentage times the amount in column D, row 4, for 2019, 
Column H. Remaining suspended losses. For each row,                      column D, row 5, for 2020, and column D, row 6, for 2022, 
take the amount in column E less the amounts utilized in all             respectively.
columns G(i), G(ii), G(iii), and G(iv). This amount can't be more        Row 9. Total prior year suspended losses allowed that 
than zero.                                                               must be included in QBI. The amounts reported in columns 
Column L. Remaining suspended losses. For each row, take                 K(i), K(ii), K(iii), K(iv), and or K(v) for row 9 equals the loss 
the amount in column I less the amounts utilized in all columns          amount that must be included in your current year QBI, 
K(i), K(ii), K(iii), and K(iv). This amount can't be more than zero.     respectively for each year, as a loss from a separate trade or 
                                                                         business.
Column D. Allowed losses limited by other Code sections. 
When a prior year suspended loss allowed under one Code 

                                                                     -8-                          Instructions for Form 8995 (2022)



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                                                                                                 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 the FIFO method.
Code             [Enter the Code section limiting your loss]
Part I   Suspended & Allowed Losses
                 A. Total suspended                    B. QBI fixed percentage  C. Prior year           D. Allowed losses 
                    losses in year                                             suspended                  limited by other 
                   of disallowance                                             losses allowed             Code sections

1. Pre-2018                                                     0.00          %
2.       2018                                                                 %
3.       2019                                                                 %
4.       2020                                                                 %
5.       2021                                                                 %
6.       2022                                                                 %
7.       Total
Part II  Non-QBI Suspended and Allowed Losses
Allocable to Non-QBI
                 E.                 F.                 G(i).    G(ii).         G(iii).  G(iv).   G(v).                       H. 
              Suspended      Allocated prior           Utilized Utilized       Utilized Utilized Utilized Remaining 
                 losses    year suspended              2018     2019           2020     2021     2022     suspended losses
                             losses allowed
1. Pre-2018
2.       2018
3.       2019
4.       2020
5.       2021
6.       2022
7.       Total
8. Allocation  of  allowed  losses  limited  by  other 
   Code sections .  .   .  . . .    .  . .
Part III QBI Suspended and Allowed Losses
Allocable to QBI
                 I.                 J.                 K(i).    K(ii).         K(iii).  K(iv).   K(v).    L. Remaining 
              Suspended      Allocated prior           Utilized Utilized       Utilized Utilized Utilized suspended 
                 losses    year suspended              2018     2019           2020     2021     2022     losses
                             losses allowed
1. Pre-2018
2.       2018
3.       2019
4.       2020
5.       2021
6.       2022
7.       Total
8. Allocation  of  allowed  losses  limited  by  other 
   Code sections .  .   .  . . .    .  . .
9. Total prior year suspended losses allowed that 
   must be included in QBI . . .    .  . .

Instructions for Form 8995 (2022)                               -9-



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Paperwork Reduction Act Notice    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 
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.
The time needed to complete and file this form will vary depending on individual circumstances. The estimated burden for business 
taxpayers filing this form is approved under OMB control number 1545-0123 and is included in the estimates shown in the instructions 
for their business income tax returns. The estimated burden for all other taxpayers who file this form is shown below:

Form                Recordkeeping          Learning                 Preparing, copying, assembling and sending
8995                4 hrs., 43 min.        51 min.                  2 hrs., 6 min.
8995-A              7 hrs., 52 min.        1 hr., 53 min.           6 hrs., 6 min.
Schedule A (8995-A) 3 hrs., 16 min.        7 min.                   1 hr., 15 min.
Schedule B (8995-A) 1 hr., 34 min.                                20 min.
Schedule C (8995-A) 1 hr., 19 min.         7 min.                   50 min.
Schedule D (8995-A) 1 hr., 5 min.          16 min.                  47 min.

                                                   -10-                    Instructions for Form 8995 (2022)






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