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Arete TOOLS · REAL ESTATE

Material Participation Evaluation Tool

Screen your participation against the seven tests and identify what to review with your tax advisor.

All tools & calculators
01 · Activity & participation
LLC interests and special farming rules may need advisor review.
One activity, or an activity grouped under a valid applicable election. Exclude investor-only work.
Spouse participation can count for material participation.
Use calendars, logs, or other reasonable supporting evidence.
02 · Current-year tests
Consider every individual, including contractors and managers. There is no fixed percentage safe harbor here.
Test 3 compares you with any other person, not just owners.
Non-rental trade/business, over 100 hours, without meeting another test.
Count only activities qualifying for this specific test.
03 · Prior-year tests
Test 5: at least 5 of the preceding 10 years.
Health, law, accounting, consulting, or another business where capital is not a material income-producing factor.
Test 6: any 3 prior years; no 10-year limit.
04 · Facts & circumstances
Test 7 needs judgment and more than 100 hours.