Welcome to BARBRI, the trusted global leader in legal education. Continue to access the same expert-led Strafford CLE and CPE webinars you know and value. Plus, explore professional skills courses and more.
About the Course
Introduction
This webinar will provide an overview of elections that should be considered for real estate investors, rental properties, and entities holding real property. Our panel of real estate strategists will convey when tax professionals should consider each election and provide examples of their application.
Description
Many elections are available for real estate entities and rental properties. Section 1.469-4(c) allows applicable businesses to elect to be grouped for tax purposes. This election could help circumvent passive loss limitations in two ways. Electing to group activities can allow the group to pass the material participation test and absorb the passive losses from a property. It could also be used to group an active trade or business with a self-rented property, allowing passive losses from the latter to reduce the income from the former.
A Section 266 election became more valuable after TCJA, which capped the state and local tax deduction at $10,000. Section 266 allows costs for unimproved real property, including taxes, interest, and carrying charges, that would not be currently deductible, to be capitalized. This provides an opportunity for a future deduction for an expense paid that would otherwise be lost. A similar election under Section 266 is available for the construction or improvement of any real property.
A properly made election for an eligible taxpayer can reduce their tax liability significantly. Not making an available election can prove costly. Real estate advisers need to know the elections available, when they apply, and how to file these tax-saving elections properly.
Listen as our astute panel reviews real estate elections and how they are applied to reduce taxes.
Presented By
Mr. Dyer is a principal with over 15 years of providing tax and business advisory services. As one of the leaders of Withum’s Tax Controversy practice, he has extensive experience in resolving federal, state and local tax controversies including, but not limited to, matters involving Tax Examinations, Appeals, Collections, Innocent Spouse, Responsible Party, and Offer-in-Compromise. In addition, Mr. Dyer has experience in the field of law representing clients in commercial and tax disputes before state courts, Federal District Court and the United States Tax Court. He also has extensive experience in alternative dispute resolution, which he frequently used to resolve disputes by means other than litigation.
Mr. Ramos has more than seven years of public accounting with a focus on tax services. His expertise lies within the real estate and professional services industries and high net worth individuals.
-
BARBRI is a NASBA CPE sponsor and this 110-minute webinar is accredited for 2.0 CPE credits.
-
BARBRI is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).
Date + Time
- event
Friday, February 28, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Real estate elections: introduction
- Real estate professional
- Section 266 election
- De minimus safe harbor
- Routine maintenance
- Safe harbor for small taxpayers
- Grouping election
- Other elections
- Examples
The panel will review these and other critical issues:
- When a taxpayer should consider making an election under Section 266 to capitalize certain costs
- What are the criteria for a real estate professional?
- When a taxpayer could benefit from a grouping election under Section 469
- Real estate elections that should be considered for taxpayers owning real property
Learning Objectives
After completing this course, you will be able to:
- Identify properties that qualify for a Section 266 election
- Determine taxpayers who would benefit from a grouping election
- Decide how to elect the de minimis safe harbor
- Ascertain which taxpayers qualify for the safe harbor for small taxpayers
- Field of Study: Taxes
- Level of Knowledge: Intermediate
- Advance Preparation: None
- Teaching Method: Seminar/Lecture
- Delivery Method: Group-Internet (via computer)
- Attendance Monitoring Method: Attendance is monitored electronically via a participant's PIN and through a series of attendance verification prompts displayed throughout the program
- Prerequisite: Three years+ business or public firm experience preparing complex tax forms and schedules, supervising other preparers or accountants. Specific knowledge and understanding of pass-through taxation, including taxation of partnerships, S corporations and their respective partners and shareholders.
BARBRI, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of Accountancy have final authority on the acceptance of individual courses for CPE Credits. Complaints regarding registered sponsons may be submitted to NASBA through its website: www.nasbaregistry.org.
BARBRI is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).
BARBRI CE webinars-powered by Barbri-are backed by our 100% unconditional money-back guarantee: If you are not satisfied with any of our products, simply let us know and get a full refund. Contact us at 1-800-926-7926 .
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Unlimited access to Professional Skills and Practice-Ready courses:
- Annual access
- Available on-demand
- Best for new attorneys
Related Courses
Pass-Through Entity Taxation: One Big Beautiful Bill Act, SALT Cap, PTE Deductions, 199A, 163(j)
Tuesday, August 25, 2026
1:00 PM ET/10:00 AM PT
Recommended Resources
One of the Most Encouraging Trends I'm Seeing in Law Firms Is About Management
- Learning & Development
From AI Anxiety to Human Advantage: What 300+ Legal Professionals Reveal About Career Success in 2026
- Career Advancement