qualified business use
(6) Business use percentage (A) In general The term “business use percentage” means the percentage of the use of any listed property during any taxable year which is a qualified business use. (B) Qualified business use Except as provided in subparagraph (C), the term “qualified business use” means any use in a trade or business of the taxpayer. (C) Exception for certain use by 5-percent owners and related persons (i) In general The term “qualified business use” shall not include— (I) leasing property to any 5-percent owner or related person, (II) use of property provided as compensation for the performance of services by a 5-percent owner or related person, or (III) use of property provided as compensation for the performance of services by any person not described in subclause (II) unless an amount is included in the gross income of such person with respect to such use, and, where required, there was withholding under chapter 24. (ii) Special rule for aircraft Clause (i) shall not apply with respect to any aircraft if at least 25 percent of the total use of the aircraft during the taxable year consists of qualified business use not described in clause (i). (D) Definitions For purposes of this paragraph— (i) 5-percent owner The term “5-percent owner” means any person who is a 5-percent owner with respect to the taxpayer (as defined in section 416(i)(1)(B)(i) ). (ii) Related person The term “related person” means any person related to the taxpayer (within the meaning of section 267(b) ).