Based in Orange County (Laguna)  ·  Serving Southern California  ·  Remote statewide
(951) 216-3121 CA CPA #137614  ·  CalCPA  ·  Alex Gurovich CPA APC
Call Now
Real Estate Tax Planning

Real Estate Professional Status Planning — California CPA

Real estate professional status under IRC §469 converts passive rental losses into active losses deductible against any income — including W-2 wages and business income. For a California investor in the 13.3% bracket, this can mean tens of thousands in annual savings. Most CPAs either miss it or fail to document it properly.

Under passive activity rules, rental losses are normally suspended and can only offset other passive income. But if you qualify as a real estate professional and materially participate in your rental activities, those losses become active — deductible against your salary, business income, and other active income. The qualification requirements are strict: 750 hours and more than half your personal service hours in real estate. The IRS audits this designation aggressively. Documentation must exist before the audit notice arrives, not after.

What Is Included

Real Estate Professional Status — Full Service

Qualification Analysis

We evaluate whether you meet the 750-hour threshold and the more-than-50% personal service test — and identify whether grouping elections or activity aggregation improve your position.

Material Participation Review

Material participation requires meeting one of seven IRS tests. We determine which tests you satisfy and document them in a way that holds up to IRS scrutiny during an examination.

Hour Documentation System

The IRS requires contemporaneous logs. We help you build a time-tracking system that creates a defensible record going forward — not a reconstruction after an audit notice arrives.

Grouping Elections

IRC §469(c)(7) allows grouping multiple rental properties into a single activity, making material participation far easier to satisfy. We evaluate and file the grouping election when it benefits you.

Prior Year Review

If you qualified in prior years but the status was not claimed, we evaluate whether amended returns can unlock suspended passive losses and recover prior overpayments.

Annual Integration

Real estate professional status requires documentation every year. We integrate hour tracking into your annual engagement so the qualification is maintained and audit-defensible every filing season.

Who Qualifies

Is This Strategy Right for You?

Active Real Estate InvestorsWho spend significant time managing, leasing, or developing properties and want to convert passive losses to active deductions
Real Estate Agents and BrokersWho already spend the majority of their professional time in real estate and qualify for the designation with proper documentation
Property ManagersWho materially participate in managing their own portfolio and can satisfy the hours test with contemporaneous records
Investors With Suspended LossesWho have accumulated suspended passive losses in prior years that could be unlocked with a qualifying real estate professional election
Common Questions

Real Estate Professional Status FAQ

You must spend more than 750 hours in real property trades or businesses in which you materially participate, and more than half your total personal service hours must be in those real estate activities. Both tests must be met in the same tax year. For W-2 employees with significant work hours, the 50% test is often the harder one to satisfy.
For the material participation tests, spouses' hours can be combined. But for the 750-hour and 50% qualification tests, only one spouse's hours count. Proper allocation between spouses matters significantly for married filers.
This is one of the most frequently challenged areas in IRS examinations of high-income returns. Auditors request contemporaneous logs, calendars, and records. Reconstructed logs prepared after the fact carry little weight. We build the documentation system before you need it.
Real Estate Tax Planning

Find Out If You Qualify — and What the Savings Look Like.

A qualification analysis takes less than an hour. The tax savings can last for years.