How agents are taxed

Deductions agents commonly miss

When an S corporation makes sense

Once net commissions are consistently well above a reasonable salary for your work, an S corporation election can reduce self-employment tax. Before electing, confirm with your broker and your state’s real estate rules how commissions can be paid to your entity. A solo 401(k) can then shelter up to $24,500 of your pay for 2026, plus an employer contribution, up to $72,000 in total (more with catch-up contributions after 50).

Agents who also invest

Licensed agents can qualify as real estate professionals: more than 750 hours a year and more than half of your working time in real property businesses, with material participation in your rentals. That can let rental losses offset commission income. The hours need records.

Frequently asked questions

Are real estate agents employees or self-employed?

Most are self-employed for tax purposes. A licensed agent paid by commission under a written agreement is a statutory nonemployee, so nothing is withheld and you pay self-employment tax and quarterly estimates.

Do real estate agents get the QBI deduction?

Generally, yes. Real estate brokerage is not a specified service business, so agents can take the 20% deduction, subject to wage limits at higher incomes.

What can a real estate agent deduct?

Business mileage, marketing, signs and photography, license and MLS fees, E&O insurance, desk fees and broker splits, phone and software, a qualifying home office, client gifts up to $25 per person a year and 50% of business meals.

Should a real estate agent form an S corporation?

Often once net commissions are well above a reasonable salary. First confirm how your broker and state rules allow commissions to be paid to your entity.

How do I avoid an underpayment penalty after a big year?

Pay at least 100% of last year’s tax (110% if your income was over $150,000) through quarterly estimates. That safe harbor applies even if this year’s commissions are much higher.