Hello Alfredo, great to hear back from you.
It sounds like you have a solid plan to offset the capital gains with your passive losses. When using the remaining $200K in passive losses, they can be applied to the gains from the sale of your properties. You’re on the right track, but make sure to consult with your CPA to confirm your plan aligns with your situation. In terms of REPS, this can indeed be a valuable strategy for offsetting your W-2 income. However, you’re right to be cautious. It is vital to ensure you and your wife genuinely meet all the requirements, including material participation.
I don’t have exact statistics, but the IRS does scrutinize REPS claims, especially when they are used to offset significant W-2 income. Be prepared to substantiate your claims. If you decide to pursue REPS, creating a detailed time log of all rental activities is essential. It’s a good idea to start now and document as you go. You can find templates or examples of material participation logs online or possibly from real estate forums. I recommend looking at IRS guidelines to ensure you’re capturing the right information.
I understand the concern about the complexities of REPS and the risk of audits, especially with the amount at stake. However, if the benefits significantly outweigh the risks and you have a strong CPA to guide you, it might be worth pursuing. Just make sure everything is well-documented and compliant.
I want to reiterate how crucial it is to maintain a close relationship with your CPA and keep the communication lines open. They can provide tailored advice based on your specific circumstances. Hope this helps, and good luck!