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30+ Years in Practice

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Real Estate → Professional Status

Real Estate Professional Status, documented right.

REPS requires passing two tests every year — 750-plus hours in real property trades, and more than half of your personal service hours across all jobs. The IRS audits this aggressively; vague hour estimates lose in Tax Court. Contemporaneous time logs are the entire defense.

Real estate investor hands-on renovating a rental property

Where this goes wrong

The problems specific to this status.

01

Hours estimated after the fact, not logged as they happened

The IRS wants contemporaneous records — logs kept close to when the work occurred. Recreating a year of hours from memory the week before filing is exactly the kind of documentation that loses in Tax Court.

02

The 50% test ignored entirely

Passing 750 hours is only one of two required tests. If you also hold a W-2 job outside real estate, that job’s hours count against you in the more-than-half test — and many investors never check whether they actually clear it.

03

Material participation assumed at the portfolio level, not tested per property

REPS qualifies you to treat real estate as a non-passive trade or business — but you still have to materially participate in each individual rental activity, or make a valid grouping election to combine them.

How we help

What that looks like in practice.

Hour-test qualification review

We review your real property trade hours against both the 750-hour test and the more-than-half test before you claim REPS, not after an audit notice arrives.

Contemporaneous time-log setup

A simple, consistent system for logging hours as they happen — the specific documentation format the IRS and Tax Court actually look for.

Material participation & grouping elections

We evaluate whether a real property trade or business grouping election helps you meet material participation across multiple properties, and file it correctly if so.

Audit-ready documentation review

If REPS is already claimed on past returns, we’ll review what’s actually documented behind it and shore up any gaps before the IRS ever asks.

Key facts · the two REPS tests

Two tests, both required annually: 750+ hours in real property trades, and more than half of all personal service hours.

Test one counts absolute hours: more than 750 spent in real property trades or businesses in which you materially participate. Test two is relative: those hours also have to exceed half of all the personal service hours you worked that year, across every job. A full-time W-2 job outside real estate makes test two very difficult to pass, no matter how many real estate hours you log.

Pursuing the short-term rental loophole instead? It's a separate, often simpler path to the same non-passive treatment that doesn't require either REPS test — see our Short-Term Rental page →

Last reviewed July 2026 · reflects current federal tax law

Real Estate

Three other situations, one pillar.

See the full Real Estate overview →
Bright, welcoming short-term rental interior styled for guests

Short-Term Rentals

The STR loophole, the average-stay test, and non-passive income treatment.

Investor and engineer reviewing building plans for a cost segregation study

1031 Exchange & Cost Seg

Cost segregation and 1031 exchanges, coordinated and applied correctly.

Real estate agent showing a property to a family

Agents & Brokers

Commission income, self-employment tax, and the deductions agents miss.

Common questions · FAQ

REPS, answered.

More than 750 hours in real property trades or businesses, plus a second test: those hours have to be more than half of all your personal service hours across every job you hold that year. Both are required every year — neither one alone is enough.

It’s difficult but not automatically impossible — your real estate hours would need to exceed the hours from your W-2 job and everything else you do, which is a high bar for most full-time employees. We can review your specific situation on a discovery call.

Contemporaneous time logs — dated entries showing what you did, when, and for how long, kept as the work happens rather than reconstructed later. The IRS and Tax Court have repeatedly rejected after-the-fact estimates, even when the underlying hours were probably real.

No — you still need to materially participate in each rental activity individually, unless you make a valid election to group them together as one activity. We evaluate whether that election helps or hurts your specific portfolio.

Keep exploring

Industries

Real Estate

Every real estate strategy we work with, one level up.
Industries

Short-Term Rentals

The most common property type REPS clients use to qualify.
Tax

Personal Tax

REPS status changes what your personal return can and can’t deduct.

Begin

Talk to a CPA who already speaks REPS.

Free, no obligation — a 20-minute call with a partner. Bring whatever hour records you have and we'll assess both tests live.

Book a discovery call