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Level 2
June 1, 2019
Solved

How do you desinate yourself as a real estate professional in turbo tax?

  • June 1, 2019
  • 1 reply
  • 6 views

Where in turbo tax do you go to designate yourself as a real estate professional and how does that designation affect effect a business loss?  

Best answer by

It does not affect a business loss but allows you to be able to deduct your passive losses from rental property if your income would normally not allow it. The question is found in the Rental interview. (See the attached screenshot below. Click to enlarge.)

Qualifications.   You qualified as a real estate professional for the year if you met both of the following requirements.

  • More than half of the personal services you performed in all trades or businesses during the tax year were performed in real property trades or businesses in which you materially participated.
  • You performed more than 750 hours of services during the tax year in real property trades or businesses in which you materially participated.

Don’t count personal services you performed as an employee in real property trades or businesses unless you were a 5% owner of your employer. You were a 5% owner if you owned (or are considered to have owned) more than 5% of your employer's outstanding stock, outstanding voting stock, or capital or profits interest.

  If you file a joint return, don’t count your spouse's personal services to determine whether you met the preceding requirements. However, you can count your spouse's participation in an activity in determining if you materially participated.

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.

  • Develops or redevelops it.
  • Constructs or reconstructs it.
  • Acquires it.
  • Converts it.
  • Rents or leases it.
  • Operates or manages it.
  • Brokers it.

1 reply

Answer
June 1, 2019

It does not affect a business loss but allows you to be able to deduct your passive losses from rental property if your income would normally not allow it. The question is found in the Rental interview. (See the attached screenshot below. Click to enlarge.)

Qualifications.   You qualified as a real estate professional for the year if you met both of the following requirements.

  • More than half of the personal services you performed in all trades or businesses during the tax year were performed in real property trades or businesses in which you materially participated.
  • You performed more than 750 hours of services during the tax year in real property trades or businesses in which you materially participated.

Don’t count personal services you performed as an employee in real property trades or businesses unless you were a 5% owner of your employer. You were a 5% owner if you owned (or are considered to have owned) more than 5% of your employer's outstanding stock, outstanding voting stock, or capital or profits interest.

  If you file a joint return, don’t count your spouse's personal services to determine whether you met the preceding requirements. However, you can count your spouse's participation in an activity in determining if you materially participated.

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.

  • Develops or redevelops it.
  • Constructs or reconstructs it.
  • Acquires it.
  • Converts it.
  • Rents or leases it.
  • Operates or manages it.
  • Brokers it.

Level 3
September 12, 2021

 

I believe I will meet the RE professional test in 2021, and have a couple of questions:

  • To test the effect, I went back to my 2020 TurboTax return and checked both boxes for our real estate business (More than 750 hours/more than 50% of work-related time). However that didn't change my taxes at all despite showing a substantial loss. Why wouldn't that allow me to deduct the loss? (I'm just trying to see the impact since I worked fulltime in 2020)

  • Also if I qualify am I allowed to deduct all rolled over losses from previous years?

Thanks for any guidance.

Critter-3
Level 15
September 12, 2021

@sfmike 

The "real estate business"  ...  which form is it being reported on ?   Sch C ?