Key Requirements to Qualify for REPS

To achieve REPS, a taxpayer must satisfy two primary tests: the 50% Test and the 750 Hours Test. Let’s break these down: More than 50% of your total working time during the tax year must be spent on real estate-related activities. This means that if you have another full-time job, you will find it challenging to meet this requirement, as you would need to spend more time working in real estate than in your other employment. You must spend at least 750 hours per year actively participating in real estate trades or businesses. Importantly, this requirement applies to personal involvement, not that of employees or agents working on your behalf.

What Counts Toward REPS?

To satisfy these requirements, your time must be spent on real estate-specific activities that are directly related to property management and operations. Qualifying activities include:

• Acquiring and negotiating properties for investment or sale
• Managing properties, including tenant relations, maintenance, and repairs
• Advertising for tenants or buyers
• Supervising property renovations or improvements

Performing bookkeeping and record-keeping directly related to the property business

What Doesn’t Count Toward REPS?

It’s essential to understand what activities the IRS excludes from counting toward the 750-hour threshold:

• Educational Time: While attending seminars, classes, or conducting real estate-related research may enhance your knowledge, the IRS does not consider these activities as material participation.
• Passive or Preparatory Activities: Tasks such as planning, strategizing, or time spent reading real estate-related books also do not count.
• Investing Time: Simply reviewing financials or passively overseeing properties does not qualify as active participation.

The IRS requires that your involvement be hands-on and related to the day-to-day operations of the real estate business.

REPS for Joint Filers

If you file jointly with your spouse, only one spouse needs to meet the REPS requirements for your combined real estate activities to be considered non-passive. This can provide flexibility if one spouse has another full-time job.

Documentation Is Critical

To successfully claim REPS, maintaining thorough documentation of your hours and activities is crucial. The IRS may scrutinize your claim in the event of an audit, so you should:

• Keep a daily or weekly log of your real estate activities, including dates, times, and descriptions of tasks performed.
• Track business-related activities separately from any educational or preparatory work.
• Maintain receipts, contracts, emails, and other evidence of your involvement in property management and operations.

What Happens If You Don’t Meet REPS?

If you fail to meet the REPS requirements, your rental real estate activities will be classified as passive. This means your real estate losses can only offset passive income and cannot be applied against other types of income, like wages or self-employment income.

Consult a Real Estate Tax Professional

Given the complexities of qualifying for REPS and the significant tax implications, it’s highly recommended to consult with a tax advisor specializing in real estate. A professional can help you navigate IRS guidelines, properly track your time, and ensure you are meeting all the necessary requirements.