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05/24/2012 at 04:51PM PDT
Important Announcement! A planned system-wide upgrade will take place over the Memorial Day Weekend in the US (From Thurs, May 24, 2012 at 6 pm PDT thru Tues, May 29, 2012 at 5 am PDT). This includes QuickBooks, QuickBooks Payroll, Point of Sale, & Salesforce.com. This is only for US based products. This does not affect QuickBooks Online customers! During this time, you can shop, but can’t place orders online, activate products or update account info. We apologize for the inconvenience & thank you for patience while we improve our infrastructure to better serve you. International versions are unaffected. For more info, see our community discussion.
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01/04/12 11:25am PST

Material Participation, Real Estate Professional Election

My client is classified as a material participant and real estate professional. He has 12 rental properties. Is it advisable to place all properties under one to maintain the material participation classification. How do you do this election?

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01/04/12 12:24pm PST

It depends on the taxpayer's specific circumstances.  Google "469(c)(7)(A)" for innumerable discussions of the pros and cons.

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01/04/12 12:27pm PST

Schedule E and you make the election on the Schedule E Worksheet for material Participation. You will have the capability to list the properties also in the process of completing the worksheet and form

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01/04/12 12:52pm PST

I answered your first question, and Mt Juliet answered the second.  Give each of us half a point.

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Also, have you already made your election to group your real estate activity? 

If not, in order to elect to treat all interests in rental real estate as a single rental real estate activity, you should file a statement with your income tax return for the taxable year.   It can read something like:

 

"In accordance with §1.469-9(g)(3), the taxpayer hereby states that he (or she) is a qualifying real estate professional under IRC §469(c)(7), and elects under IRC Sec. 469(c)(7)(A) to treat all interests in real estate as a single rental real estate activity."

 

I'm sure this in other IRS publications.  But right now I found it on page E3, top of 2nd column of following link:

http://www.irs.gov/pub/irs-pdf/i1040se.pdf

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