Qualified Business Income Deduction for Rental Property

[Jose Hammer]

I own 1 profitable rental property and I am retired, keep separate records on my rental property.

According to IRS guidance it states:  "If an interest in real estate fails to satisfy all the requirements of the safe harbor, it may still be treated as a trade or business for purposes of the section 199A deduction if it otherwise meets the definition of a trade or business in the section 199A regulations." (source)

It also states this:  

The following requirements must be met by taxpayers or RPEs to qualify for this safe harbor:

• *Separate books and records are maintained to reflect income and expenses for each rental real estate enterprise.
• 
  *For rental real estate enterprises that have been in existence less than four years, 250 or more hours of rental services are performed per year. For other rental real estate enterprises, 250 or more hours of rental services are performed in at least three of the past five years.
• 
  *The taxpayer maintains contemporaneous records, including time reports, logs, or similar documents, regarding the following: hours of all services performed; description of all services performed; dates on which such services were performed; and who performed the services.
• 
  *The taxpayer or RPE attaches a statement to the return filed for the tax year(s) the safe harbor is relied upon.

If I don't meet all the 4 bullet points for Safe Harbor am I still able to take the Qualified Business Income Deduction for a profitable Rental Property?