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Updated over 1 year ago on . Most recent reply

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Ben DeMora
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REP Status while converting Primary Residence to Rental Property

Ben DeMora
Posted

Can I get REP status/hours while renovating and converting our primary residence into a fully furnished rental property by end of 2023?

(Through this extensive renovation, I will meet the IRS guidelines for REP [>51% time, 500 hours and 750 hours, etc]).

I was told by my tax preparer that the property must be rented in order for hours to count towards REP; however I'm seeing the following paragraph in the IRS guidelines:

"A real property trade or business is any real property development, redevelopment, construction, reconstruction, acquisition, conversion, rental, operation, management, leasing, or brokerage trade or business (Sec. 469(c)(7)(C)).

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Natalie Kolodij
  • Tax Strategist| National Tax Educator| Accepting New Clients
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Natalie Kolodij
  • Tax Strategist| National Tax Educator| Accepting New Clients
ModeratorReplied

Likely not on one property especially renovating one that is your current primary. 

It may be  a technicality of meeting it but those areas are gray. In consulting with the former IRS advisor on IRC 469 (passive losses) his stance was that pre-in service hours do not qualify. 

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Kolodij Tax & Consulting

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