@Justin Ward
To be considered by IRS as a short-term rental and get the tax benefits you must meet the following requirements (defined by Treasury Regulation Sec. 1.469-1T(e)(3)(ii)(A))
- The average period of customer use is 7 days or less
- The average period of customer use is 30 days or less. (Confusing we know, this means that not only does the customer stay for 7 days or less on avg. they also don't come back multiple times during the year for separate trips and these stays add up to > 30 days -> Trip one: 7 days, Trip two: 7 days, etc.)
- Personal use of the property cannot be 15 days or more OR more than 10% of the total rental day
In order to offset income and be considered a Real Estate Professional you must have Material Participation, which has a few tests.
Spend more than 500 hours on the short-term rental business.
- Do substantially everything for the short-term rental business.
- Spend more than 100 hours on the activity, with no other individual surpassing your time commitment.
- Engage in a significant participation activity for more than 100 hours, with your combined activity in all significant participation activities exceeding 500 hours.
- Participate in the business for five of the previous 10 taxable years.
- Engage in a personal service activity (non income-producing) for three of the previous taxable years.
- Demonstrate regular, continuous, and provable participation in the business for more than 100 hours.
If these benchmarks are met then your income would no longer be considered passive but active and any losses could then be used to offset other active income
.
.
.
*This post does not create a CPA-client relationship. The information contained in this post is not to be relied upon. Readers are advised to seek professional advice.