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woroberts
New Member

I have a mgnt company manage my rental property. I do not approve tenants, I do not review lease terms, I only approve repairs above $500. Am I an Active Participant?

 
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1 Reply
DavidD66
Expert Alumni

I have a mgnt company manage my rental property. I do not approve tenants, I do not review lease terms, I only approve repairs above $500. Am I an Active Participant?

There is not cut and dried answer.  According to the IRS:

 

"you may be treated as actively participating if you make management decisions in a significant and bona fide sense. Management decisions that count as active participation include approving new tenants, deciding on rental terms, approving expenditures, and similar decisions."

 

It doesn't say you have to do all of the above to qualify.  You will have to decide based on the actual participation.

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