Just who is a real estate professional when it comes to tax filing?

Real Estate Professionals

Real estate professionals must treat rental real estate activities in which they materially participate as nonpassive activities. Therefore, they can deduct these rental real estate losses from other nonpassive income. The $25,000 special allowance does not apply to these taxpayers.

Real estate professionals are individuals who meet both of these conditions:

  1. More than 50% of their personal services during the tax year are performed in real property trades or businesses in which they materially participate and
  2. They spend more than 750 hours of service during the year in real property trades or businesses in which they materially participate. Depending on the facts and circumstances, a real property trade or business for this test may consist of one or more of the trades or businesses listed at Real property trades or businesses below. [Reg. 1.469-9(d)]

Real property trades or businesses. Any real property development, redevelopment, construction, reconstruction, acquisition, conversion, rental, operation, management, leasing or brokerage trade or business.