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I think most people misunderstand REPS. The key issue is "material participation" in rental activities. Being a realtor counts for the 750 hours but NOT for material participation in your rentals. The exception is if you make a grouping election as others mentioned. Your CPA should know this but many don't understand real estate tax rules well. Just FYI - I got audited on this exact issue in 2023. The IRS was looking specifically at REPS claims. Make sure you have a detailed time log showing hours for EACH activity. After-the-fact estimates won't cut it in an audit.

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StarSurfer

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Which form do you use to make the grouping election? Is it something specific or just a statement attached to your return?

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Brian Downey

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Based on my experience dealing with REPS qualifications, your tax preparer may be being overly conservative. As a full-time realtor, you likely already meet the first two REPS requirements (750+ hours and 50%+ of working time in real estate). The critical piece is making the grouping election to treat all your rental activities as one activity. This election is made by attaching a statement to your tax return - there's no specific IRS form for it. The statement should clearly indicate you're electing to group all rental real estate activities under IRC Section 469(c)(7)(A). With this election, you can combine your time spent on the 3 self-managed properties with time spent overseeing the other 15 properties (reviewing reports, making decisions, communicating with property managers, etc.) to meet the material participation test. I'd recommend getting a second opinion from a CPA who specializes in real estate taxation. Many general tax preparers aren't familiar with the nuances of REPS, especially the grouping election strategy. The potential tax savings make it worth exploring further. Also, start keeping detailed time logs NOW for 2025 - document every hour spent on rental activities, no matter how small. This contemporaneous documentation is crucial if you're ever audited.

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Mason Stone

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This is really helpful information! I'm in a similar situation as the original poster - working as a realtor but also have some rental properties. One thing I'm still unclear on though: when you make the grouping election, does that election apply permanently going forward, or can you make it year by year? Also, if you group all your rental activities together, are there any downsides to doing this election that people should be aware of before making this decision?

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Ava Harris

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Just to add to all this great advice - I made the mistake of assuming Cash App would handle everything my first year too. Got a nasty letter from the IRS about missing 1099s! One thing that really helped me was setting up a separate business account on Cash App just for contractor payments. This makes it SO much easier to track business vs personal transactions when tax time comes around. You can still use your personal account for regular stuff, but having that separation saved me hours of sorting through transactions. Also, pro tip: start a simple spreadsheet right now with columns for date, contractor name, amount, and description of work. Update it every time you make a payment. Takes 30 seconds but will make preparing those 1099s in January a breeze instead of trying to reconstruct everything from your transaction history. Trust me on this one!

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This is exactly what I needed to hear! Setting up a separate business account is such a smart idea - I've been mixing everything in my personal Cash App and it's already getting confusing trying to figure out which payments were for business. The spreadsheet tip is gold too. I'm definitely going to start that today before I forget any more details about the work that was done. Better late than never, right? Do you think it's worth going back through my transaction history to fill in the earlier payments from this year, or should I just start fresh from now and try to piece together the old stuff later? Also, that IRS letter situation sounds terrifying! How did you end up resolving that? I really don't want to deal with that kind of stress next year.

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Great question! I went through this exact same confusion last year. The bottom line is YES, you absolutely need to issue a 1099-NEC to your subcontractor regardless of using Cash App. The payment method doesn't change your obligation as the business owner. Here's what I learned: Cash App may or may not issue a 1099-K to your contractor depending on whether they meet the threshold requirements, but that's completely separate from your responsibility. The 1099-K reports payment transactions, while your 1099-NEC reports the business relationship and compensation for services. At $27k, you're way over the $600 threshold that requires a 1099-NEC, so there's no question you need to file one. Don't worry about "double taxation" - your contractor will only report the income once on their tax return, they'll just have multiple forms documenting the same payments. My advice: get that W-9 from your contractor ASAP if you don't have it already, and start organizing your payment records now. January will be here before you know it and you'll need all the documentation ready to file by January 31st. Better to be prepared now than scrambling later!

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This is really reassuring to hear from someone who's been through it! I was getting so worried about messing something up since this is all new to me. Quick follow-up question though - when you say "start organizing your payment records now," what exactly should I be documenting besides just the payment amounts? I've got all the Cash App transaction history showing the dates and amounts, but I'm wondering if I need more detailed records about what specific work was done for each payment. Some of my payments were for ongoing work over several weeks, so it's not always a 1:1 match between payment and specific project. Is that going to be a problem, or is the total amount for the year what really matters for the 1099?

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Something no one mentioned yet - make sure you and your spouse don't accidentally exceed the family limit COMBINED during the transition months. When my husband and I went through this, our benefits department counted wrong and we over-contributed by accident. Had to withdraw the excess contribution before filing taxes which was a hassle because we'd already spent some of the HSA funds on medical expenses. Just double check all your calculations!

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Zoe Papadakis

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This isn't accurate. Once you have separate individual coverage, you can EACH contribute up to the individual limit for those months. You're not restricted by the family limit anymore after the coverage changes.

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You're right, and I should have been clearer. What I meant was during the months when one spouse is still covered under the other's family plan, but also has their own individual plan. That's when confusion can happen. In our case, I still had my husband on my family plan during a 60-day waiting period before his new job's insurance kicked in, but his HR department told him he could contribute the full individual amount immediately. That wasn't correct since he was still also covered under my family plan, and it caused us to go over the limit temporarily.

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This is such a timely question! I just went through something similar when my partner switched jobs mid-year. One thing that really helped me was keeping detailed records of exactly when each coverage period started and ended - down to the specific dates, not just months. The IRS can be pretty strict about the timing, especially if there are any gaps in coverage or overlapping periods. I'd recommend documenting everything: when your wife's current coverage under your plan ends, when her new employer's coverage begins, and whether there's any continuation coverage (like COBRA) in between. Also, don't forget about the catch-up contributions if either of you is 55 or older! Those rules can get even more complex with mid-year changes. The additional $1,000 catch-up contribution follows the same monthly calculation rules, so you'd need to factor that in too. One last tip - consider setting up automatic contributions to match your calculated monthly limits rather than trying to make one large contribution at year-end. It helps avoid accidentally over-contributing and makes the whole process much more manageable.

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Great point about documenting the exact dates! I'm dealing with a similar transition and hadn't thought about potential gaps or overlaps in coverage. My wife's new job has a 30-day waiting period before benefits kick in, so I'm wondering if we should look into COBRA for that gap month to avoid any complications with the HSA eligibility rules. Also, thanks for mentioning the catch-up contributions - neither of us is 55 yet, but it's good to know that gets even more complex. The automatic contribution idea is brilliant too. I was planning to just calculate everything at the end of the year, but spreading it out monthly would definitely be safer and help avoid any over-contribution mistakes. Did you run into any issues with your HSA administrator when explaining the mid-year change? I'm worried they might not understand the calculation method and could flag contributions as excessive.

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I'm going through the exact same nightmare! Filed 1/22 and still showing absolutely nothing on transcripts, WMR, or SBTPG. After reading through all these helpful suggestions, I'm planning to try multiple approaches tomorrow morning. First, I'll call the Taxpayer Advocate Service at 877-777-4778 around 7:45 AM based on Miguel's success story - the fact that they actually assigned a case advocate who followed up is exactly what I need right now. If that doesn't work out, I'll try the 866-682-7451 ext 569 number that several people have had success with. The Spanish language line idea is also brilliant - I speak both languages so that could be another option if the English lines are jammed. At this point, after almost 7 weeks with zero updates, I think we definitely qualify for TAS assistance since we've clearly exhausted normal channels. Thanks everyone for sharing your experiences - it's reassuring to know we're not alone in this frustrating situation!

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Your multi-pronged approach sounds really smart! I'm in a similar boat (filed 1/28, zero movement anywhere) and I think you're absolutely right that after 7 weeks we definitely qualify for TAS assistance. The timeline Miguel shared gives me hope too - having an actual case advocate who follows up is exactly what we need instead of just getting lost in the phone system maze. I'm definitely going to try that early morning TAS call strategy as well. It's so frustrating that we have to become experts in navigating IRS phone systems just to get basic information about our own returns, but at least we're all sharing strategies that actually work. Please update us on how your calls go tomorrow - I'll be trying the same approach and would love to know if you have success!

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Dylan Evans

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I'm dealing with the exact same timeline - filed 1/24 and it's been complete radio silence! Your strategy of trying multiple approaches sounds perfect, and I'm definitely going to follow the same game plan. The early morning TAS call at 7:45 AM seems like our best bet based on Miguel's success story. I'm also bilingual so the Spanish line option could be a great backup plan. After 6+ weeks with absolutely nothing showing up anywhere, we've more than earned the right to TAS assistance. This whole situation is beyond frustrating - we shouldn't have to become IRS phone system experts just to find out what's happening with our own money! I'll be trying these same numbers tomorrow morning too, so hopefully between all of us someone will get through and can share what they learn. Fingers crossed we all get some answers soon!

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Leo Simmons

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I'm in the exact same situation and it's incredibly frustrating! Filed 1/29 and haven't seen any movement on transcripts, WMR, or SBTPG either. After reading through everyone's experiences here, I'm convinced that calling the Taxpayer Advocate Service at 877-777-4778 early in the morning is our best shot. Miguel's success story really gives me hope - having an actual case advocate assigned who follows up sounds like exactly what we need after weeks of getting nowhere with the regular IRS lines. I'm also going to try the 866-682-7451 ext 569 number as a backup plan. It's ridiculous that we have to become phone system ninjas just to get basic information about our own returns, but I'm grateful everyone is sharing what actually works. Will definitely update if I manage to get through - we're all in this together!

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KaiEsmeralda

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Has anyone actually successfully qualified for trader tax status while doing swing trading? I'm holding positions for about 2-3 weeks on average, making maybe 6-8 trades per week. My tax guy says I'm nowhere near the volume needed, but then I read about others claiming trader status with similar patterns.

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With 6-8 trades per week and 2-3 week holding periods, you're not going to qualify for trader tax status. The courts and IRS generally look for trading that is "substantial, regular, and continuous" - typically hundreds of trades yearly with very short holding periods (often intraday or just a few days).

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Rami Samuels

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The consensus here is spot on - swing trading with your holding periods typically won't qualify for trader tax status or provide the tax benefits you're hoping for with an LLC or S-Corp structure. However, there's one angle that hasn't been fully explored: if you're planning to scale up your trading activities significantly in 2025, it might be worth considering the entity structure now to avoid complications later. The administrative burden of transferring existing positions from individual to business accounts can be substantial. That said, at your current activity level, you're likely better off focusing on maximizing the deductions you can already take as an individual investor - things like investment advisory fees, research subscriptions, trading software, and a portion of your home office if used exclusively for trading research. The real question is whether you see your trading evolving into something more substantial where you'd eventually meet the criteria for trader tax status. If not, the entity formation is probably an unnecessary expense and complication for your current situation.

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CosmicCowboy

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This is really helpful advice about planning ahead for scaling up. I hadn't considered the complexity of transferring existing positions later. One follow-up question - if I do decide to form an entity now for future planning, would you recommend LLC or S-Corp? And is there a minimum income threshold where it starts making sense to maintain the entity even if I'm not getting immediate tax benefits?

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