So I have been reading everything I can on this and get the concept but what i don't get is why everyone says no way you can get pro status if you work a full time job outside of real estate. My wife works regular hours averaging 30 couple hours a week and night shift at that. I myself work a full time job but it equates to 2 days a week or 8-10 shifts a month. Obviously that gives both of us many days and hours off to do the real estate. This year we have looked at hundreds of houses put offers in on 20 or so and bought 2 plus a third under contract last week. We do all of our own managing of the rentals, all of our own repairs and rehab work. Just paid the first contractor work today actually.
I understand logging time we spent doing real estate stuff is required which we did but everything still makes it sound as though if we claim pro status we will end up in tax court. We have all the closing cost, repair moneys, professional fees, educational cost etc invested this year and many more to come that we do what with? Rolling it over year to year won't work because our salaries exceed the 150k now and will in the future. We don't plan to sell the rentals anytime soon either.
If this is the case why wouldn't we all be putting rentals that we manage and actively participate in inside of an S Corp and write off every expense and loss?
Yes I have phone calls in to CPA and will get specific details there hopefully but looking for insight from the wealth here. Seems as those the rental tax advantages are null if you still work a w-2 job even if you legit spend more time doing the real estate. Sounds very much like the home office deduction scare from many.