Accredited investor question

[RJ Schmertz]

As I understand, you can qualify as an accredited investor if you've made 200k for two years and reasonably expect to continue. I assume this is based on AGI on your tax return? 

My question is, could I qualify if in yr 1 my AGI was 180k and year 2 is 240k? Average is over 200k, but it's not 200k for 2 years yet. 

Or is it maybe not AGI? My yr1 would be over 200 if it doesn't have to be reduced by depreciation and rental expenses.