10/19/2026
🏘️ REAL ESTATE PROFESSIONAL STATUS: DO YOU QUALIFY?
2026 Tax Planning | Freeman Solutions
Owning rental property or having a real estate license does not automatically make you a real estate professional for federal tax purposes. You must meet BOTH annual time tests:
⏱️ 1. MORE THAN 750 HOURS
You must perform more than 750 hours of services during the year in qualifying real property trades or businesses in which you materially participate.
Qualifying businesses can include property management, rentals and leasing, development, construction, acquisition, conversion, and real estate brokerage.
📊 2. MORE THAN HALF YOUR WORK TIME
More than 50% of your total personal service time in ALL trades or businesses must be spent in qualifying real estate businesses in which you materially participate.
Your other employment and business work count when calculating your total work time.
🧮 EXAMPLE
• Qualifying real estate work: 1,000 hours
• Other employment or business work: 800 hours
• Total work time: 1,800 hours
1,000 ÷ 1,800 = 55.6%
✅ More than 750 qualifying hours
✅ More than 50% of total work time
💡 WHY IT MATTERS
Qualifying may allow rental losses to be treated as nonpassive and potentially offset wages or other business income, subject to applicable deduction limits.
⚠️ THERE’S ANOTHER IMPORTANT STEP
You must also materially participate in the rental activity. Each rental is generally evaluated separately unless you make a valid election to combine your rental real estate interests.
📝 KEEP THESE DETAILS IN MIND
• Exactly 750 hours or exactly 50% does not satisfy the tests.
• On a joint return, one spouse must independently meet both time tests. Spouses cannot combine their hours to qualify.
• Employee real estate work generally counts toward qualifying hours only if you own more than 5% of the employer.
• Keep detailed records showing dates, tasks, properties, and time spent.
📌 Freeman Solutions can help you review your participation, documentation, and potential tax benefits before you claim this status.