CostSegHQ

Real Estate Professional Status

The § 469(c)(7) gate that makes ALL rental losses non-passive — cost segregation against W-2 income hinges on it. Two hour tests plus material participation, with the citations.

Your hours this tax year

Count hours in real property trades or businesses in which you materially participate — development, construction, acquisition, rental operation, management, brokerage (§ 469(c)(7)(C)). Hours as a W-2 employee only count if you own more than 5% of the employer.

Married filing jointly?

One spouse must meet BOTH hour tests alone — spouses can't combine hours for the 750-hour or more-than-half tests (§ 469(c)(7)(B), flush language). Material participation, by contrast, does count both spouses' work.

Verdict

Enter your hours to see whether you qualify.

750-hour test — § 469(c)(7)(B)(ii)

0 hours in real property trades (needs more than 750)

More-than-half test — § 469(c)(7)(B)(i)

Share of all personal services in real property trades

Material participation in the rentals — § 1.469-9(g)

Per rental activity, or one election aggregating them all

Why this matters

Rental real estate is passive by definition (§ 469(c)(2)) — losses can't touch W-2 income no matter how large. REPS removes that per-se rule for the taxpayer. Save the verdict and the Forecaster treats every rental in the same tax year as non-passive, letting cost-seg depreciation offset ordinary income.

Keep a contemporaneous hour log — REPS is among the most-audited positions in real estate, and reconstructed logs routinely lose in Tax Court.