Real estate professional status: the IRS test and the audit trail
REP status under §469(c)(7) is two tests plus a contemporaneous-log audit defense. We cover the rules, the 2020–2025 Tax Court pattern, and where AI fits in the workflow.
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REP status under §469(c)(7) is two tests plus a contemporaneous-log audit defense. We cover the rules, the 2020–2025 Tax Court pattern, and where AI fits in the workflow.
Running client data through an LLM triggers §7216. Here's the consent language Treasury Reg §301.7216-3 actually requires, the Rev. Proc. 2013-14 §5.04 mandatory boilerplate most practitioner templates omit, and a vendor-by-vendor compliance tier for every AI tool a US tax preparer realistically uses.
OBBBA renamed FDII to FDDEI and recalibrated the §250 deduction (37.5% → 33.34%, ~14% effective rate). QBAI is gone. Two new DEI exclusions hit transactions after June 16, 2025. The full TY2026 regime hits January 1, 2026. Most AI tools currently return mixed FDII/FDDEI terminology for a structural reason this article names.
OBBBA replaced the uniform 100% §1202 exclusion with a tiered 50/75/100% system at 3/4/5 years, raised the per-issuer cap to $15M, and lifted the aggregate-asset threshold to $75M — for stock issued after July 4, 2025.
OBBBA §70323 renamed GILTI to NCTI inside §951A. §70321 dropped the §250 deduction from 50% to 40%. §70323 eliminated the QBAI offset. §70312 cut the §960(d) FTC haircut from 20% to 10%. Effective for tax years beginning after December 31, 2025.
Circular 230 binds your license; AI is what your license is now exposed to. §10.22 due diligence, §10.34 positions, §10.35 competence, §10.36 firm procedures, §10.37 written advice, and §10.51 disreputable conduct — mapped onto AI-assisted tax practice with verbatim regulatory text, the eight-case federal canon, and a defensible-workflow checklist.
AI-assisted FBAR for solo EAs and small-firm CPAs. Five workflow stages — account discovery, statement aggregation, currency conversion, signature-authority detection, §10.22 review trail. Post-Bittner penalties ($16,536 / $165,353 inflation-adjusted), crypto-NPRM stale-data trap, and a §7216-defensible vendor matrix.