Cost Segregation to Reduce High Taxable Income

Cost Segregation to Reduce High Taxable Income

Member since 2023 · 1 post · 2 votes

My husband and I are both doctors and have high six figure income from our practices. However, most of our income comes from managing other doctors working for us rather than us personally working clinically in our offices (AKA much of this income is passive profit distributions at this point).

We pay an insane amount of taxes and are trying to figure out creative strategies to lessen our tax burden. We have 2 under 2 and recently sold a large portion of our practices so we expect our income from that to be reduced significantly in the next year or two. My husband has another venture that will likely be $1M plus in income/distributions/year while I was considering starting to do some real estate. Our thought is that I would be a real estate professional and purchase assets we can depreciate in year 1 to offset the high taxable income from my husband. 


My questions are: do I need to have a real estate license to be considered a real estate professional? Does it matter if I still have six figures of income from my practice? (We would put all the real estate in my name). There seems to be a great deal of conflicting information regarding REP status.  Any unforeseen problems with this tax strategy? TIA!

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Accountant · McKinney, TX · Member since 2023 · 393 posts · 580 votes
3y

Having a real estate license is not necessary to be considered a REP.  You have to track the hours your spend on various real estate activities (development or redevelopment, construction or reconstruction, acquisition or conversion, rental, management or operation, leasing and / or brokerage) and they have to be more than 750 hours and it has to be more than 50% of all your business activities.  It’s an annual qualification so you want to maintain it. You can just qualify yourself as well.  My recommendation would be to work with a tax advisor. It seems there are opportunities to plan better in your situation.  

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  • Accountant · McKinney, TX · Member since 2023 · 393 posts · 580 votes
    3y

    Having a real estate license is not necessary to be considered a REP.  You have to track the hours your spend on various real estate activities (development or redevelopment, construction or reconstruction, acquisition or conversion, rental, management or operation, leasing and / or brokerage) and they have to be more than 750 hours and it has to be more than 50% of all your business activities.  It’s an annual qualification so you want to maintain it. You can just qualify yourself as well.  My recommendation would be to work with a tax advisor. It seems there are opportunities to plan better in your situation.  

  • Henry ClarkPro Member
    Developer · Member since 2020 · 4k+ posts · 4k+ votes
    3y

    Year one writeoff is sunsetting.  80% this year. Then 60%, 40%, 20%, zero. 

    I would not make a decision based on year one writeoff or REP status.  

  • Lee RipmaPro Member
    Rental Property Investor · Prairie Village, KS · Member since 2015 · 2k+ posts · 2k+ votes
    3y

    This is not tax of legal advice! 
    A high income earner and a REPS are a match made in heaven! As others have said you need to do at least 750 hours or more time in RE than anything else. Checkout Brandon Hall’s resources around REPS. You want to be an investor who buys real estate not an agent. Just my opinion on the matter! 

  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    3y

    @Danielle Davis

    Of course there's a lot of conflicting information online about any complicated topic. It's like me trying to "research" any medical condition online and discovering that it is, predictably, confusing and requires an actual physician to diagnose. Most of your colleagues would roll their eyes if I start by saying "I looked it up online, and I think..."

    I'll mention a few pointers, but it's not going to resolve the confusion or substitute for hiring your own tax professional.

    - Buying assets does not necessarily allow you to offset your other income

    - If it does, it's for one year only

    - REPS and realtor license are unrelated

    - REPS is difficult, sometimes impossible, to qualify for when you have another business you manage

    - Managing the practice probably does not make your income "passive"

    - There're other potential tax strategies to explore

    - None of them are a magic bullet that suddenly erases your taxes, they can provide a partial relief only

    You may find this long thread interesting (warning: like all public discussions, it has a lot of misconceptions): 
    https://www.biggerpockets.com/forums/51-tax-legal-issues-contracts-self-directed-ira/topics/942575-tax-benefits-from-re-investing-in-high-income-earners

  • Financial Advisor · Member since 2020 · 69 posts · 35 votes
    3y
    Quote from @Danielle Davis:

    My husband and I are both doctors and have high six figure income from our practices. However, most of our income comes from managing other doctors working for us rather than us personally working clinically in our offices (AKA much of this income is passive profit distributions at this point).

    We pay an insane amount of taxes and are trying to figure out creative strategies to lessen our tax burden. We have 2 under 2 and recently sold a large portion of our practices so we expect our income from that to be reduced significantly in the next year or two. My husband has another venture that will likely be $1M plus in income/distributions/year while I was considering starting to do some real estate. Our thought is that I would be a real estate professional and purchase assets we can depreciate in year 1 to offset the high taxable income from my husband. 


    My questions are: do I need to have a real estate license to be considered a real estate professional? Does it matter if I still have six figures of income from my practice? (We would put all the real estate in my name). There seems to be a great deal of conflicting information regarding REP status.  Any unforeseen problems with this tax strategy? TIA!


     If your income is passive, and you are discussing this w your tax advisor, there may be options other than becoming a real estate professional.  Please let me know if you'd like additional information to see if it may be a potential fit for your situation.  Please do not consider this tax or investment advice.  

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