A contemporaneous time log — a record created as the work happens, showing date, activity, property and duration. Treasury Regulation §1.469-5T(f)(4) technically permits "any reasonable means" and does not strictly require daily reports, but the Tax Court has repeatedly rejected after-the-fact reconstructions. If your hours are close to the threshold, the log is the entire case.

The regulation is more permissive than its reputation

Read the actual text and you find something surprising. Treas. Reg. §1.469-5T(f)(4) says the extent of participation may be established by any reasonable means, and that "contemporaneous daily time reports, logs, or similar documents are not required" if participation can be established by other reasonable means.

That sentence has been quoted to me by more than one client hoping it gets them off the hook. It does not, and here is why.

The regulation sets the legal standard. The Tax Court decides whether you met it. And in case after case, taxpayers who arrived with calendars reconstructed after the examination notice have lost — sometimes with accuracy-related penalties added on top for good measure. The phrase that shows up in these opinions is unflattering: courts have described such estimates as "ballpark guesstimates" and declined to accept them.

Meanwhile, taxpayers with credible contemporaneous records generally win.

So the practical rule is not what the regulation permits. It is what the court accepts.

What a defensible log actually contains

Four fields. That is genuinely all.

Field	What goes in it
Date	The actual date the work was performed
Property or activity	Which asset, or which grouped activity
Description	Specific enough to be checkable — "showed unit 4B to prospective tenant," not "property stuff"
Hours	To the quarter hour

A realistic entry looks like this:

March 14 — Riverbend Apartments — Drove to property, met contractor re: unit 2C bathroom scope, reviewed and signed change order — 2.25 hrs

Not:

March — property management — 40 hrs

The difference between those two entries is the difference between winning and losing an examination.

What counts, and what doesn't

Only work in a real property trade or business counts toward the 750 hours. Section 469(c)(7)(C) gives an exhaustive list of eleven: development, redevelopment, construction, reconstruction, acquisition, conversion, rental, operation, management, leasing, and brokerage.

Counts	Does not count
Showing and leasing units	Mortgage brokerage and lending
Property management and tenant relations	Capital raising and investor relations
Acquisitions and due diligence	Reading books and taking courses
Construction and renovation oversight	Researching markets you never enter
Architecture and design work	Employee hours where you own 5% or less
Repairs and maintenance you perform	Work performed by your contractors
Brokerage and agent activity	Travel unrelated to a specific activity

Two of these deserve emphasis for this audience.

Capital raising does not count. Real estate finance is not on the statutory list. If your working week is spent on LP calls, decks and models, those hours feel like real estate and are not. This surprises nearly every syndicator who hears it.

Investor education does not count. Podcasts, conferences and courses are not participation in a trade or business.

And two structural conditions:

Employee hours require 5% ownership. If you work for someone else's real estate company and own 5% or less, those hours do not count toward your REPS.

Personal services means your own labor. Hours worked by your property manager, handyman or contractors accrue to them, not you.

The delegation problem

Here is the trap that catches successful operators specifically.

You build a portfolio. You hire a property manager, a handyman, a cleaning crew. Your operation gets good. And your own hours collapse to supervision and coordination — which is exactly what you wanted operationally, and exactly what breaks your material participation.

Three responses, in order of preference:

1. Own the management company. If you form your own property management entity and your manager is your employee, your hours running that business are hours in a real property trade or business — management is on the statutory list. This is usually the cleanest structural fix, and it changes the facts rather than the argument.
2. Use the five-of-ten-years test. Treas. Reg. §1.469-5T(a)(5) treats you as materially participating if you materially participated in the activity for any five of the preceding ten taxable years. That can carry a recently-delegated operator for a while, but it is a bridge, not a destination.
3. Reconsider the posture. If your operation genuinely runs without you, passive may be the honest answer — and building passive income to absorb passive losses is a perfectly good strategy. Drifting between the two is what strands losses.

How much documentation is enough?

Proportional to how close you are to the line.

Comfortably over. If real estate is manifestly all you do — no other business, no W-2, thousands of hours — the facts and circumstances carry most of the weight. Keep a log anyway, but it is a formality. An examiner looking at someone whose entire economic life is real estate reaches a conclusion quickly.

Close to the line. Somewhere near 750 hours, or with a substantial second occupation, the log is the whole case. Build it daily. Keep the corroboration.

There is a second-order benefit that is easy to underestimate. Visible preparation changes examiner behavior. Someone who produces an organized log, calendar exports and supporting emails is a slow, unrewarding file. Someone who produces a spreadsheet dated last Tuesday is a fast, productive one. Examiners have limited hours and allocate them rationally.

Corroboration beats the log alone

The log is your primary record. What makes it credible is everything that independently confirms it.

• Calendar entries created at the time, ideally in a system with edit history.
• Email and text threads with tenants, contractors, brokers and lenders — timestamped by a third party and hard to fabricate.
• Mileage records, which tie a date to a physical location.
• Invoices, work orders and permits matching the dates in your log.
• Photos with embedded metadata.

Use whatever tool you will actually maintain. A time-tracking app works. A shared spreadsheet works. A dated Google Doc works — and yes, that is sufficient, provided the entries are specific and made as the work happens. The medium is not what is being tested. Contemporaneity and specificity are.

One caution on modern tooling: an AI assistant or automation that reconstructs your week from your calendar every Friday is still contemporaneous enough to be useful, but keep the underlying source records. The output of a tool is only as good as what it was built from.

Also verify the return says what you think

A point that has nothing to do with logs and costs people just as much.

We regularly review returns where a client is confident they are treated as a real estate professional and the return says otherwise — no grouping election attached under Treas. Reg. §1.469-9(g), rentals still reported as passive, depreciation parked on Form 8582.

Perfect documentation does not help if the position was never taken on the return. It takes about thirty seconds to check.

Frequently asked questions

What is a contemporaneous time log?
A record of hours created as the work is performed rather than reconstructed later, showing date, property or activity, a specific description, and duration. It is the standard the Tax Court effectively expects for real estate professional status, even though the regulation does not strictly require it.

Does the IRS require a daily time log for REPS?
Not strictly. Treasury Regulation §1.469-5T(f)(4) permits participation to be established by any reasonable means and states that daily reports are not required. In practice the Tax Court has repeatedly rejected after-the-fact reconstructions, so a contemporaneous log is the reliable approach.

Is a real estate license enough to prove REPS?
No. A license shows the type of work you are qualified to do but proves nothing about hours. You must still document more than 750 hours and more than half of your total personal service time, then separately establish material participation in your own rental activities.

Does capital raising count toward real estate professional hours?
No. The eleven qualifying real property trades or businesses under §469(c)(7)(C) do not include real estate finance, lending, mortgage brokerage or capital raising. Syndicators are often surprised their core activity does not count.

Do hours worked by my property manager count toward my REPS?
No. Only your own personal services count. If delegation has reduced your hours below the threshold, forming your own property management company can convert supervision time into qualifying hours, because management is a listed real property trade or business.

What happens if I'm audited and my log isn't good enough?
The IRS can disallow the losses claimed, reclassify them as passive, assess the resulting tax and interest, and add an accuracy-related penalty. Courts have upheld penalties where the taxpayer's hours were supported only by estimates prepared after the examination began.

Download the time log template

We built the log we give our own clients — four columns, a monthly rollup, a running annual total against the 750-hour and 500-hour thresholds, and a corroboration checklist.

Download the REPS time log template (.xlsx) →

And have someone check the return

Stonehan offers a free 15-minute tax return review. James will confirm whether your REPS position is actually reflected in your filing — the grouping election, the activity treatment, where the depreciation landed — and what it would take to correct it if not.

Book a free 15-minute review →

---

James Bohan, CPA · Founder, Stonehan Accountancy, P.C. · Coeur d'Alene, Idaho · CPA since 2011 · MRED, University of Southern California · Fourth-generation real estate developer

This article is educational content and is not tax advice. Tax advice requires a review of your specific facts and circumstances by a qualified professional.