Recordkeeping for Real estate Professional Status (REPS) and Material Participation

In previous articles, we explained the necessary requirements to qualify for REPS and material participation, and thereby making your rental losses nonpassive. The burden of proof is on you and you must establish your material participation by REASONABLE means.

 You should at a minimum keep a time log that includes:

  • Dates of services provided

  • Identification of the individual (taxpayer or spouse)

  • Number of hours spent (ideally precise time in and out)

  • Description of the activity

  • Any notes supporting the qualifying activity that could help justifying the hours spent (References to appointment books, calendars, or narrative summaries)

Activities that qualify for material participation and that you should track include:

  • Working on repairs or construction at the property

  • Hiring and managing a general contractor or handyman for the property

  • Communicating with tenants

  • Searching for a property you DO purchase

  • Directly managing the properties or performing most activities that a property management company would handle

  • Standard amounts of bookkeeping/ reporting/ office work

  • All hours required to allow the properties to operate normally

 Here are examples of non-qualifying hours:

Investor Hours (meaning you’re not involved in daily operations):

•       Studying and reviewing financial statements or reports on operations of the activity,

•       Preparing or compiling summaries or analyses of the finances or operations of the activity for your own use, and

•       Monitoring the finances or operations of the activity in a nonmanagerial capacity.

Other

•       Real estate education

•       Unsuccessful acquisition, e.g. time spent searching for a property you DO  NOT purchase

•       On-call hours where no work is actually performed

•       Travel time to/from the properties

For more real estate tax tips, book an appointment with us at www.lobecpa.com and we will help you tax plan and build wealth!

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Understanding Real Estate Professional Status (REPS) and Material Participation