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You are considered to be a real estate professional (i.e., in a real property trade or business) if:
A "real property trade or business" means any real property development, redevelopment, construction, reconstruction, acquisition, conversion, or rental operation, management, leasing, or brokerage trade or business.
Personal services performed as an employee are not treated as being performed in a real property trade or business unless you are a more than 5% owner of the trade or business.
For joint return purposes, the eligibility requirements are considered met if either you or your spouse separately satisfy the requirements.
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