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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AI Tax Practitioner Editorial researches, writes, and maintains the reference desk. Composition: people who work in AI implementation for professional-services workflows, anonymous by default, methodology-led. We publish what we learn so practitioners don't have to figure it out twice. Where a question requires CPA, EA, or attorney judgment, we point you to the right place rather than pretend to it.
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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.
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.