Real Estate Professional

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  • cfsadvsr
    Junior Member
    • Apr 2006
    • 26

    #1

    Real Estate Professional

    Can a full-time mortgage broker be a real estate professional for purposes of avoiding the passive loss limitations on ownership of a rental condominium in a resort area that is managed by a management company.
  • solomon
    Senior Member
    • Aug 2006
    • 1012

    #2
    From IRC ยง 469:

    Real property trade or business

    For purposes of this paragraph, the term ``real property
    trade or business'' means any real property development,
    redevelopment, construction, reconstruction, acquisition,
    conversion, rental, operation, management, leasing, or brokerage
    trade or business.
    A mortgage broker would not fit this description. In addition, there would have to be material participation with the rental - which obviously does not exist. In short, this person is not a RE Pro.

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