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Real Estate Agencies: Payroll Features Every Business Needs (2026)
Real estate brokerages need payroll configured for commission-only agent payroll, agent contractor vs W-2 classification and split commission processing, pay codes that general-purpose software leaves to the customer to build. BEG runs real estate brokerage payroll for $45 per employee per month inside the payroll software you already use, all-inclusive, live in 3 to 5 business days.
Pay codes a real estate brokerage cannot run without
Real estate brokerages pay licensed agents and administrative staff on different bases, and the payroll system has to hold every one of them as its own pay code with the right tax and overtime treatment: commission-only agent payroll, agent contractor vs W-2 classification, split commission processing and draw-against-commission structures. A generic setup collapses these into hourly and salary, and the errors show up in the regular rate, in year-end forms and in the first wage claim.
The outside sales exemption from minimum wage and overtime requires that the employee's primary duty be making sales or obtaining orders or contracts, and that the employee be customarily and regularly engaged away from the employer's place of business. The salary requirements of the regulation do not apply to this exemption.
Administrative and office staff who do not meet an exemption must receive overtime at one and one-half times the regular rate for hours over 40 in a workweek. The standard salary level for the executive, administrative, and professional exemptions is $684 per week ($35,568 per year).
Tax handling specific to real estate brokerages
Licensed real estate agents are statutory nonemployees treated as self-employed for all federal tax purposes, including income and employment taxes, if substantially all payments for their services are directly related to sales or other output rather than hours worked, and their services are performed under a written contract stating they will not be treated as employees for federal tax purposes.
What is configured before the first run
At implementation every pay structure above is built as a code with its own taxability, its own overtime treatment and its own W-2 mapping, and the exemption status of licensed agents and administrative staff is documented against the rule that supports it. That is the difference between software with the features and a payroll that uses them correctly.
The rules behind this page, with sources
General information, not legal advice. Every rule below was read on the agency page linked next to it.
- The outside sales exemption from minimum wage and overtime requires that the employee's primary duty be making sales or obtaining orders or contracts, and that the employee be customarily and regularly engaged away from the employer's place of business. The salary requirements of the regulation do not apply to this exemption. [DOL Fact Sheet #17F]
- Administrative and office staff who do not meet an exemption must receive overtime at one and one-half times the regular rate for hours over 40 in a workweek. The standard salary level for the executive, administrative, and professional exemptions is $684 per week ($35,568 per year). [DOL WHD, Earnings thresholds for the EAP exemption (29 CFR 541.600)]
- Licensed real estate agents are statutory nonemployees treated as self-employed for all federal tax purposes, including income and employment taxes, if substantially all payments for their services are directly related to sales or other output rather than hours worked, and their services are performed under a written contract stating they will not be treated as employees for federal tax purposes. [IRS, Statutory nonemployees]
Read the full guide to every managed payroll feature, explained, and the rest of the real estate brokerage payroll library.
Managed Payroll, Handled.
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Frequently Asked Questions
How do you handle 1099 agents vs. W-2 support staff?
Licensed agents working as independent contractors receive 1099-NEC for commission income. W-2 administrative staff are processed through payroll. We handle both payment types and produce the correct year-end forms.
Can you process draw-against-commission payroll?
Yes. Draw advances are processed through payroll with correct tax withholding, and the draw balance is tracked against earned commissions.
What about year-end 1099s for independent contractor agents?
We produce and file 1099-NEC for all independent contractor agents who received $600 or more in commission income during the year, including electronic filing with the IRS.
What does BEG charge for real estate agency payroll?
Real estate payroll runs at $45 per employee per month for W-2 staff. For a team with 10 W-2 support staff, that is $450 per month covering payroll, tax filing, and year-end forms.
What does managed payroll cost for a real estate brokerage?
$45 per employee per month, all-inclusive, inside the payroll software you already use, with no monthly minimum. Commission-only agent payroll, agent contractor vs W-2 classification and split commission processing are configured at setup, not billed as add-ons.
Related Resources
Anthony leads payroll solutions at Business Executive Group, a national managed payroll firm serving businesses across industries including Real Estate Agencies. BEG manages payroll at $45 PEPM, all-inclusive, with deep expertise in compliance, multi-state filing, and industry-specific payroll requirements. Get instant pricing at beghr.com.
Authoritative source: U.S. Department of Labor: Wage and Hour Division
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