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Updated about 15 hours ago on . Most recent reply presented by

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Edgar Estrada
  • Rental Property Investor
  • San Antonio, TX
9
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15
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For those pursuing or tracking REP status - what platform's do your spend RE time on?

Edgar Estrada
  • Rental Property Investor
  • San Antonio, TX
Posted

I’m curious to hear from others who are actively pursuing or already tracking their Real Estate Professional (REP) hours.

Which platforms or tools do you find yourself doing the bulk of your real estate work in (e.g. property management software, spreadsheets, CRMs, deal analysis tools, etc.)?

Most Popular Reply

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95
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Josh Lewer
#1 Personal Finance Contributor
  • CPA|Tax & Accounting | North Carolina
52
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95
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Josh Lewer
#1 Personal Finance Contributor
  • CPA|Tax & Accounting | North Carolina
Replied

@Edgar Estrada good question. 

Maybe more than you bargained for but I have included some excerpts from the IRS Audit Technique Guide on Passive Activity (most recent through 2005), regarding material participation, which is required for REPS. The IRS generally views rentals as not time intensive, which creates a hurdle to overcome. Some of the activities you listed appear to be investor type activities, which depending on the specific facts and circumstances would not count toward material participation under the guidance below. See below. The guide is quite helpful (rather thick though).

ATG

If there is a management firm, it would be difficult for taxpayer to meet this standard. See Reg. § 1.469.5T(f)(2)(ii). It is the taxpayer's burden to prove how many hours he worked and how many hours employees worked. If taxpayer is not involved in day-to-day management or operations, certain activities are disregarded when counting hours for material participation.

The following activities would not constitute material participation:

  • Studying financial reports
  • Preparing analysis for taxpayer's own use
  • Monitoring finances or operations in a non-managerial capacity
  • Periodic consultation (not sufficient to meet material participation standard)

Investor-type activities do not count unless the taxpayer is directly involved in day-to-day (see above for day -to day emphasis mine) management or operations. Reg. § 1.469-5T(f)(2)(ii)(B) provides that the following types of activities do not count unless the taxpayer is directly involved on a day-to-day basis in management or operations:

  • Studying or reviewing financial statements or reports
  • Preparing or compiling summaries or analyses for the individual’s own use
  • Monitoring finances or operations in a non-managerial capacity

The above list is not all inclusive. Other activities could be investor-type activities such as:

  • Organizing records
  • Preparing taxes
  • Paying bills

Indicators that the taxpayer did not materially participate (first step before obtaining REPS):  

  • The majority of the hours claimed are for work that does not materially impact operations
  • Business operations would continue uninterrupted if the taxpayer did not perform the services claimed
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Lewer CPA
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