IRS Tax Code 3508 Real Estate Agents

If you are a licensed real estate salesperson or broker, this one’s for you!

(a) General rule

For purposes of this title, in the case of services performed as a qualified real estate agent or as a direct seller—
(1) the individual performing such services shall not be treated as an employee, and
(2) the person for whom such services are performed shall not be treated as an employer.
(b) Definitions
For purposes of this section—
(1) Qualified real estate agent
The term “qualified real estate agent” means any individual who is a sales person if—
(A) such individual is a licensed real estate agent,
(B) substantially all of the remuneration (whether or not paid in cash) for the services performed by such individual as a real estate agent is directly related to sales or other output (including the performance of services) rather than to the number of hours worked, and
(C) the services performed by the individual are performed pursuant to a written contract between such individual and the person for whom the services are performed and such contract provides that the individual will not be treated as an employee with respect to such services for Federal tax purposes.
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Kathy Howe
how2educate LLC
1120 W SR89A, B5
Sedona, AZ 86336
928-274-4088
Kathy@kathyhowe.com

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