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Tax Tuesdays
Tax Tuesday Episode 136: Real Estate Professional Status

Don’t be embarrassed or feel like an idiot when it comes to taxes. You’re not alone. A little knowledge goes a long way. Toby Mathis and Jeff Webb of Anderson Advisors answer your tax questions. Submit your tax question to taxtuesday@andersonadvisors.


  • What are the requirements for being a real estate professional, and what are the benefits? Either you or your spouse must have 750 hours and greater than 50 percent of personal services in real estate, and both spouses must materially participate per property unless the aggregation election is selected; and the benefits are that you get to write off losses that you typically wouldn’t be able to write off as a landlord
  • I have a fully depreciated rental in a high-tax state. Can I do a 1031 exchange and buy some farmland in a different state and not pay taxes to the high-tax state? Yes, temporarily, unless or until you sell the farmland property
  • I have an S-Corp business. I hired my 12-year-old son to work and he gets a W-2 with an annual income of about $1,400. Does he need to file a tax return? If he does not file a tax return, will that increase my chances of getting an audit for my business? If your son makes less than the standard deduction, he does not need to file a tax return, and your business is unlikely to be audited
  • Can I write off my monthly car payment if it’s financed and in my corporation’s name? Write off the expenses and interest, but depreciate the car if in the corporation’s name; you may have more income from that vehicle than the vehicle is worth–track and reimburse your mileage
  • I have a rental property that is owned by a self-directed IRA. Does it need to be in an entity or is it safe in the IRA? Having the property in an LLC within the IRA is preferred, especially if there are other assets in the IRA
  • On a “subject to” deal, who pays capital gains and who pays depreciation recapture when the owner grants the deed to the “subject to” buyer? Seller takes care of their own capital gains and depreciation recapture; buyer resets basis and starts depreciation

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Tax Toolbox

Capital Gains and Losses

Entity Formation

Real Estate Professional Requirements

26 U.S. Code 469(c)(7)

1031 Exchange

Bonus Depreciation

Depreciation Recapture


Retirement Plans

Self-Directed IRA (SDIRA)

Opportunity Zones

Step-Up in Basis

Charitable Organizations

Form 1120

Cost Segregation

Schedule K-1 Form 1065

FHA Loan Requirements

Wills and Trusts

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Full Episode Transcript: 

Toby: Hey guys, you’re listening to Tax Tuesday. This is Tobay Matthis.

... Read Full Transcript