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REPS Documentation and Audit Defense Strategies

13 minPRO
2/6

Key Takeaways

  • Contemporaneous time logs (not year-end reconstructions) are the foundation of REPS defense—no log means no REPS.
  • Full-time W-2 employees face near-impossible REPS qualification unless a spouse qualifies independently.
  • The aggregation election must be filed with the return—without it, material participation must be demonstrated per property.
  • Cross-reference time logs with bank statements, contractor invoices, and tenant correspondence for audit-proof documentation.
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Test Your Knowledge

1.What is the IRS record retention requirement for documents supporting rental property depreciation?

2.Which documentation pattern commonly disqualifies REPS claims during an IRS audit?

3.What should an investor do immediately upon receiving an IRS audit notice for a rental property return?