4080 · Real Estate

The books behind the buildings.

Whether you build to sell or buy to hold, real estate is taxed on what you do with a property — and the same building can mean ordinary income, a capital gain, or a tax loss depending on how you hold it. Because those paths are so different, we split the guidance the way the tax code does:

4081 · Three Roads in Real Estate

Which describes you?

4082

Rental Property Owners

Long-term and short-term rentals — the passive-loss rules, the short-term-rental treatment, material participation, cost segregation, and per-property basis tracking.

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4083

Builders & Build-to-Sell

Spec homes, remodels, and development held for sale — dealer status, ordinary-income treatment, job costing by project, and the entity separation that keeps it clear of your hold portfolio.

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4085

Agents, Brokers & Brokerage Offices

Commission income arrives on a 1099 — self-employment tax, quarterly estimates, and an S-corp question that turns real once production is steady. In Texas there is a step most advice skips: the entity has to be registered with TREC before your broker can pay it. Register first, elect second. Desk fees, splits, mileage, and marketing spend are all deductible; most agents track none of it until April. Brokerage offices add agent splits, referral fees, and payroll on top.

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✓ MANY CLIENTS ARE BOTH  Build some, hold some — the two activities want different tax treatment and different ledgers, and letting them bleed together is where trouble starts. We keep them separate and coordinated — two ledgers, one plan.
4084 · The Common Thread

Cash flow is not taxable income.

Whichever road you’re on, real estate is the rare business where a property can put cash in your pocket and a loss on your return in the same year. Depreciation drives the result; the passive-loss and dealer rules decide whether you keep it. Every real estate engagement we run tracks the cash number and the tax number separately, per property or per project — because the gap between them is where the strategy lives.

9270 · Straight Answers

Real estate, at a glance.

Can I take my commissions through an S-corp in Texas?

Yes, but the order matters. Texas Occupations Code §1101.355 requires a business entity that receives compensation on a license holder’s behalf to be licensed as a broker — or, since January 2024, registered with TREC under the exemption for an LLC or S-corp owned at least 51 percent by the license holder and used for nothing else. Register the entity first; make the tax election second. A broker who owns a brokerage is usually on the licensed-entity path instead. We handle the election, the payroll, and the books, and tell you plainly where the license rule sits — entity formation itself is confirmed with TREC and your attorney.

I both build to sell and hold rentals. Where do I start?

Both pages apply, and keeping the two activities in separate entities and ledgers is exactly the point — build-to-sell is dealer activity taxed as ordinary income, while holds are investment activity that can reach capital-gain treatment, and mixing them lets the dealer character contaminate your investment gains. Start on the page matching your larger activity; we’ll structure both correctly in the first conversation.

What’s the single biggest real estate tax mistake you see?

Untracked basis and suspended losses. Every property accumulates a history — improvements, depreciation, refinances, passive losses that suspended — and it all comes due at sale. Owners who never tracked it per property turn the sale-year return into an archaeology dig, often overpaying because favorable items got lost. We keep a live per-property ledger so sale day is arithmetic, not excavation.

Do you work with out-of-state and nationwide real estate investors?

Yes. We’re based in Montgomery County but virtual-first, and real estate is inherently multi-state — we handle the apportionment, multiple state filings, and per-property books for investors holding across state lines, all through the secure portal.

0300 · Get Started

Ready when you are. Virtual or in-office.

Every tax return prepared and signed by a licensed CPA or IRS Enrolled Agent. Documents run through the secure portal; anything you sign is sent to you electronically.

No Charge · No Obligation

Fifteen Minutes with the Principal

Face to face by video with Kevin Hemingway, CPA. We size up what you need, whether the firm is a good fit, and what an engagement would cover — and you leave with a clear scope and next steps. This consultation is for engagement evaluation and does not include tax advice, tax planning, or detailed analysis of specific tax situations.

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New or current, the portal is the way in. Last year’s return, your books, a notice — encrypted, and never by email. No account needed to send us something.

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