Part-Time Real Estate Work: Testing Real Estate Professional Qualification
Part-time real estate work may qualify you for Real Estate Professional status if your spouse works full-time in real estate or other criteria are met.
You probably do not qualify for REPS. The Real Estate Professional Status test requires 750+ hours per year in real estate activities and that those hours exceed half of all your personal service hours. If you have a full-time job, a business, or any other significant time commitment, hitting both thresholds is difficult.
The $25,000 special allowance. Even without REPS, you can deduct up to $25,000 in rental losses against your other income if you actively participate in managing the property (making decisions about tenants, repairs, and leases). This allowance phases out between $100,000 and $150,000 of adjusted gross income and disappears entirely above $150,000.
Suspended losses are not lost. Rental losses you cannot deduct this year carry forward indefinitely and become fully deductible when you sell the property. Your CPA should track these suspended losses across tax years so they are not missed at disposition.
The tradeoff: Your rental losses are largely trapped as passive until you sell, which limits the near-term tax benefit of depreciation and expenses. The CPA's job is to maximize what you can deduct within these constraints and ensure nothing is left on the table when you dispose of the property.
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This guide cites 3 primary sources. All factual claims are traceable to the sources listed below.
- Tax Code26 U.S. Code 469 - Passive Activity Losses and Credits Limited — Section 469(c)(7): 750-hour and more-than-half tests for REPS; Section 469(i): $25,000 special allowance with AGI phase-out
- IRSIRS Publication 925: Passive Activity and At-Risk Rules — Special $25,000 allowance for active participation in rental activities, AGI phase-out from $100,000 to $150,000
- IRSIRS Publication 527: Residential Rental Property — Passive activity loss rules for rental real estate and carryforward of suspended losses