抛砖引玉, 如何定义Real Estate Professional
瞎叔提到利用Real Estate Professional出租房损失抵W2税,IRS 查起来可能够呛,尤其是FULL TIME W2。
这是我的一点心得,希望瞎叔和各位讨论。
IRS 定义
Qualifying as a Real Estate Professional
You qualify as a real estate professional for the tax year if you meet both of the following requirements.
1. More than half of the personal services you perform in all trades or businesses during the tax year are performed in real property trades or businesses in which you materially participate.
2. You perform more than 750 hours of services during the tax year in real property trades or businesses in which you materially participate.
如果我有一份FULL TIME工作, 例如码工, 一周40小时,一年2080小时(当然可以减去节假日等), 我必须花在房地产上2081小时以上才能符合Real Estate Professional. 而且需用每天记录活动。远程地主或委托PM的肯定没戏。
有没有RE License 似乎不重要. 有网友吐槽,IRS 根本不看你的材料,直接罚款。
IRS 定义的房地产活动:
Real property trades or businesses. A real property trade or business is a trade or business that does any of the following with real property.
1. Develops or redevelops it.
2. Constructs or reconstructs it.
3. Acquires it.
4. Converts it.
5. Rents or leases it.
6. Operates or manages it.
7. Brokers it.
而且以下活动不算时间 (IRS没有定义, 网上查的)
1. Researching the market for new properties (!!!)
2. Overseeing repairs done by a contracting company.
3. For those properties where we used a property management company, any coordination with the property management company was not an allowable activity.
4. Collecting deposits/income, depositing deposits/income, cutting the grass, shoveling the snow, maintaining the premises, answering phones, checking the mail, drive-bys and tax preparation.
Source: http://www.ustaxaidservices.com/diane_kennedy/real-estate-professional-status-under-irs-attack/
5. Paying bills, organizing files, Travel time to your rental
http://www.biggerpockets.com/forums/51/topics/64967-real-estate-professional-irs-audit
IRS 要查的话, 可能要的东西 (网上的):
I do not have an office appointment. The IRS wants me to mail back information within 15 days. The following is a summary of the seven (7) requirements in the IRS letter that I must respond to:
1. Detailed log of services and hours.
2. Hours worked with W-2 wages.
3. Contract between us and any tenants receiving free or reduced rent for managing or otherwise caring for the properties.
4. Contract between us and the company managing our rental property.
5. Rental leases.
6. Any management fees or other fees netted out of gross rents.
7. For any vacant property, evidence to verify our attempt to rent out the property.
http://www.biggerpockets.com/forums/51/topics/64967-real-estate-professional-irs-audit?page=2
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