Real estate can be a goldmine for savvy investors looking to make a fortune. Understanding tax strategies is crucial for a real estate investor or property owner to minimize tax liabilities and maximize profits. One strategy is to become a real estate professional, allowing you to take advantage of certain tax benefits that are unavailable to passive investors. This article will discuss what it means to be a real estate professional and how you can become one.

The Two Commandments of Becoming a Real Estate Professional

To qualify as a real estate professional, you must meet two criteria. First, more than half of your work time must be spent on real estate activities during the tax year. Second, you must work at least 750 hours yearly in real estate activities. This can include time spent on real estate development, brokerage, management, leasing, and other related activities.

Benefits of Being a Real Estate Professional

Once you meet the criteria, you can enjoy several tax benefits, including:

1. Deducting rental real estate losses: As a passive investor, you can only deduct up to $25,000 of rental real estate losses per year. However, as a real estate professional, there is no limit to the amount of rental real estate losses you can deduct as long as you meet the material participation requirements.
2. Qualifying for the 20% deduction for pass-through income: If you own a pass-through entity, such as an LLC or partnership, you may be eligible for a 20% deduction on your qualified business income. However, this deduction is subject to certain limitations for high-income taxpayers. By becoming a real estate professional, you can potentially qualify for the full deduction, as there are no income limitations.
3. Avoiding the net investment income tax (NIIT): The NIIT is a 3.8% tax on net investment income, which includes rental income. However, if you meet the real estate professional criteria, rental income can be considered non-passive, which means it is not subject to the NIIT.

How to Become a Real Estate Professional

To become a real estate professional, you must first meet the criteria mentioned earlier: spend more than half of your work time in real estate activities and at least 750 hours per year in real estate activities. Here are some tips to help you meet these requirements:

1. Keep detailed records: Keep track of your time spent on each real estate activity, including property management, leasing, and brokerage. This will help you meet the 750-hour requirement and provide evidence to support your claim.
2. Focus on real estate activities: Make sure that more than half of your work time is spent on real estate activities. If you have other sources of income, make sure they are not taking up more time than half of your work time,
3. Consider hiring a property manager: If you own multiple properties, consider hiring a property manager to handle day-to-day operations. This allows you to focus on more strategic real estate activities and help you meet the 750-hour requirement.
4. Consult with a tax professional: Becoming a real estate professional can be complex, and consulting with a tax professional with experience working with real estate investors is essential.

It is essential to have a long-term tax strategy in place for your real estate investments. This includes planning for capital gain taxes, estate taxes, and depreciation recapture. You need to think ahead and be proactive about your taxes to avoid costly mistakes and ensure maximum profitability.