Misunderstanding These Real Estate Tax Strategies Could Cost You Thousands

Married Couples: Only One Spouse Needs to Qualify for REPS

Another common misconception is that both spouses must hit the 750-hour threshold to use REPS. Not true.

The Rule: If one spouse qualifies for Real Estate Professional Status and materially participates in rental activities, they can jointly take the tax benefits on their return. This can be a game changer for households where one partner has a W-2 job, and the other focuses full-time on real estate. Several of the most successful real estate investors I know use this as a catalyst to save on taxes tremendously come tax season. 

Strategy Tip: If one spouse stays home or works part-time, they may qualify for REPS by taking on more active real estate duties. This would free the couple to unlock large depreciation write-offs through cost segregation.

The STR “Loophole”: Yes, It’s Real—but No, It’s Not for Everyone

The short-term rental (STR) loophole allows confident STR investors to bypass passive activity loss limitations without needing REPS status, but only if specific conditions are met.

What’s the Loophole?

Under IRS rules, STRs with an average stay of seven days or less are considered a business activity, not a rental activity. This means you can deduct losses against ordinary income only if you materially participate in the business.

To qualify, you must pass one of these tests:

• Spend 100+ hours annually, and no one else (like a cleaner or co-host) works more than you on the property.
• Spend 500+ hours on STR activities.

Where it fails:

• If your cleaner or co-host logs more hours than you.
• If you don’t document your time.
• If you exceed a seven-day average stay and don’t qualify for REPS.

Don’t assume the loophole applies just because you own an Airbnb. You must actively operate the property and track your involvement carefully. Talk with someone genuinely experienced in leveraging these benefits to your advantage and understand the pros and cons of cost segregation study.

Documentation Mistakes That Can Sink You in an Audit

There’s been a lot of talk lately about the IRS scaling back: budget cuts, staffing reductions, and fewer audits overall. But don’t let that lull you into a false sense of security. If you’re a real estate investor claiming Real Estate Professional Status (REPS) or leveraging the STR loophole, you’re still very much on the IRS’s radar. Audits targeting STR owners and REPS filers have increased in recent years despite the broader cutbacks.

And here’s the kicker: Most investors flagged aren’t committing fraud; they’re just making avoidable mistakes with their documentation. Top mistakes to avoid:

• Backdating time logs instead of keeping real-time records.
• Overstating hours with vague categories (e.g., “admin work—200 hours”).
• Failing to differentiate STRs from LTRs in time logs.
• Lumping education or research into work hours.
• No supporting evidence like receipts, calendars, or meeting notes.

How to protect yourself:

• Use a time-tracking system with daily or weekly entries.
• Save emails, call logs, and receipts tied to specific property tasks.
• Keep folders per property with dated documentation.
• Work with a CPA or tax advisor who understands REPS and STR-specific audits.

Final Thoughts

REPS and the STR loophole are among the most potent tax strategies in real estate but are also among the most misunderstood. If done right, these approaches can lead to six-figure tax savings and significantly improve your portfolio’s performance. If done incorrectly, they can result in audits, penalties, and disallowed losses.

For investors looking to use these strategies effectively, working with a specialized team matters. Firms like Maven Cost Segregation focus on engineering-based studies that align with IRS expectations—especially for those relying on REPS or STR classification. Their work, alongside experienced CPAs and tax advisors, helps investors document and implement these strategies with confidence.

If you’re considering REPS or STR material participation, it’s time to build the proper foundation with the right experts through documentation and strategy that will withstand scrutiny.