Advantages & Disadvantages for Rental Real Estate Professionals

 

          The main advantage for a real estate professional is the losses incurred are treated as nonpassive.  This enables the real estate professional to offset losses against wages, interest, and other nonpassive income.  The key disadvantage is that if income is earned, it cannot offset passive losses.

          Code Sec. 469(c)(7)(B) says that an individual is an eligible real estate professional if:

1)      Greater than 50% of the services the taxpayer performs are for real property trades or businesses in which he or she materially participates.

2)    The taxpayer performs more than 750 hours of services in real property trades or businesses in which he or she materially participates.

There are special rules that apply concerning spousal participation.  If only one spouse satisfies the 50% and 750-hour tests they are deemed satisfied; see Sec. 468(c)(B).  However, to determine material participation, each spouse’s participation is combined.

Under Code Sec. 469(c)(7)(C), real property trade or business includes real property development, redevelopment, construction, reconstruction, acquisition, conversion, rental operation, management, leasing or brokerage.  In some cases a taxpayer may need to elect to treat all rental real estate interests as one activity.  If a taxpayer has multiple real estate interests and also is involved in another profession that requires a lot of time, then it might be impossible to meet the two requirements of eligibility.

A taxpayer should carefully consider all options before electing to be a real estate professional.  The election can be made in any year that the rules apply.  However, once the election has been made, it cannot be reversed, unless there is a material change in the taxpayer’s situation.

 

Return to Tax Info