Real Estate Tax Strategy
Real Estate Professional Status (REPS): The Hours Test
Real Estate Professional Status (REPS) lets a taxpayer treat rental losses as non-passive — meaning they can offset W-2 or business income instead of being suspended. The deduction can be transformative, but the qualification rules are strict and the IRS audits this area aggressively.

The two tests you have to meet
First: more than 750 hours per year in real property trades or businesses in which you materially participate. Second: more than half of all personal services you perform during the year are in those real estate activities.
Both must be met. Missing either disqualifies you.
Prefer to talk this through? Book a free consultation → or learn more about Tax Planning & Advisory.
Why a full-time W-2 usually disqualifies
If your W-2 job consumes 2,000+ hours a year, you can't realistically beat it with real estate hours. For dual-earner households, REPS usually requires one spouse to commit the majority of working time to real estate.
Material participation
Even if you meet the 750-hour test, each rental activity must individually meet a material participation test — unless you elect to aggregate all real estate activities as a single activity (Reg. 1.469-9 election).
Make the aggregation election in writing. Without it, hours have to clear material participation per property.
Documentation that holds up
Contemporaneous time log — date, activity, hours, address. Calendar entries. Email and text records. NOT a reconstructed spreadsheet built at tax time. This is the single most common failure point in audit.
What courts have allowed and rejected
Allowed: detailed daily logs, calendar evidence, third-party corroboration. Rejected: vague monthly estimates, post-hoc spreadsheets, hours claimed for passive 'investor' activities like reviewing financials.
Practical hour planning
750 hours is roughly 15 hours per week. Plausible activities: property acquisition, renovation oversight, tenant management, bookkeeping for the portfolio, market research, contractor management.
Want to apply this to your situation?
Book a consultation with a Kuuni Partners advisor — Georgia-based, serving clients nationwide.
Related services
More in Real Estate Tax Strategy
Real Estate Tax Strategy
Cost Segregation for Small Real Estate Investors
When a study pays for itself and the depreciation rules to know first.
Read more →Real Estate Tax Strategy
The Short-Term Rental Loophole, Explained
How non-real-estate-pros use the 7-day rule legally.
Read more →Real Estate Tax Strategy
Tax Planning Questions Real Estate Investors Should Ask
The quarterly tax planning questions every real estate investor should be running.
Read more →