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All Forum Posts by: William C.

William C. has started 21 posts and replied 65 times.

Quote from @Stephen Nelson:

@William C. that's pretty much the way it works. But it's tricky.

The two main things to focus on? Average rental interval of 7 days or less... and you and your wife materially participating (by the way, not actively participating that's something different).

If you get a cost segregation study done, as a guess you can maybe deduct 20% of the purchase price for 2024 tax return. You will also probably be able to deduct nearly 100% of the furniture by applying the Section 263 de minimis safe harbor.

But you need to be careful of some mistakes that blow up the strategy even if you get the above stuff right. For example, you do need to not get entangled in the Section 183 (aka "hobby loss") rules. And you need to not get limited by the Section 280A mixed use dwelling rules.

Tip: If you're doing the STR truly, truly, honestly, honestly to build wealth and earn a return on your investment? You don't need to worry about Section 183. And as long as you have zero personal use, don't discount the rent to people, don't rent to family members, you don't need to worry about Section 280A.

Thanks for the reply. I understand the losses apply to taxable income, not directly to the tax bill owed. That’s helpful. Also thanks for the tips on the mistakes to avoid. Those two would not be an issue in our situation, but good to have the full picture. Thanks!
Quote from @Sean Graham:

The depreciation would directly offset your taxable income at least at the federal level, not sure about your state. So $60k in depreciation losses would lower your taxable income by $60k

The state is Oregon. My understanding is the losses would apply to taxable income at the state level in OR. Unless someone says otherwise…
Quote from @Michael Plaks:

Combined W2 income of $300,000 should generate more than $40,000 in taxes, especially with state taxes added. You're looking at some wrong number to measure your tax burden.

Losses do not offset taxes, they offset taxable income. So if you really have a $60,000 loss, you would be paying taxes on $240,000 of income instead of $300,000. That may lower your tax bill by maybe 20,000.

Thanks for the reply. You are right. I checked with my CPA and the numbers I provided were way off. Sorry about that. Your answer provided the info I needed however. Thanks for that.

Thanks in advance for dealing with my rookie-ness. Looking for a math example for the factors outlined below. Please.

Married couple. Filing jointly.

Both are W2 employees with a combined income of $300,000.

Live in a high income tax state. Pay $40,000 in federal and state taxes, combined.

We do not qualify for REPS. If we did a STR loophole strategy. Avg stay of 7 days of less. Actively participate. We have a cost seg study performed. That generates a loss of $60,000.

Would that $60,000 loss fully offset that $40,000 in federal and state taxes we are subject to?

Would the remaining $20,000 on loss carry forward to the next tax year to offset more of our tax bill?


Quote from @William C.:
Quote from @Sean Graham:
Quote from @William C.:
Quote from @Sean Graham:
Quote from @William C.:

Wild idea based on a property in my local market. Is it allowed to purchase a property with our primary home that has a detached ADU on the same tax lot. Live in the primary. Rent out the ADU as a STR (7 day stays or less). Perform a cost seg study on JUST the ADU. Anyone out there with experience in a similar situation? Thanks for taking a look.

Yes. This is common in California  
Thanks for the reply. Any tax knowledge of if people doing this strategy are able to take the losses from the cost seg study (on the ADU) to offset their W2 income? This would be via STR loophole, not REP status.
Yes, absolutely! Here is a podcast episode I recently did with BP on this 
https://www.biggerpockets.com/blog/rookie-521
Thanks! On it. Going to give this a listen and get back with you.

@Sean Graham Thanks for the link to the pod. I listened. You did a great job. Based on the content of the podcast, a primary home w/ a detached or attached ADU would be similar to the example you provided of the triplex you owned and lived in. Correct?

Quote from @Sean Graham:
Quote from @William C.:
Quote from @Sean Graham:
Quote from @William C.:

Wild idea based on a property in my local market. Is it allowed to purchase a property with our primary home that has a detached ADU on the same tax lot. Live in the primary. Rent out the ADU as a STR (7 day stays or less). Perform a cost seg study on JUST the ADU. Anyone out there with experience in a similar situation? Thanks for taking a look.

Yes. This is common in California  
Thanks for the reply. Any tax knowledge of if people doing this strategy are able to take the losses from the cost seg study (on the ADU) to offset their W2 income? This would be via STR loophole, not REP status.
Yes, absolutely! Here is a podcast episode I recently did with BP on this 
https://www.biggerpockets.com/blog/rookie-521
Thanks! On it. Going to give this a listen and get back with you.
Quote from @Sean Graham:
Quote from @William C.:

Wild idea based on a property in my local market. Is it allowed to purchase a property with our primary home that has a detached ADU on the same tax lot. Live in the primary. Rent out the ADU as a STR (7 day stays or less). Perform a cost seg study on JUST the ADU. Anyone out there with experience in a similar situation? Thanks for taking a look.

Yes. This is common in California  
Thanks for the reply. Any tax knowledge of if people doing this strategy are able to take the losses from the cost seg study (on the ADU) to offset their W2 income? This would be via STR loophole, not REP status.

Wild idea based on a property in my local market. Is it allowed to purchase a property with our primary home that has a detached ADU on the same tax lot. Live in the primary. Rent out the ADU as a STR (7 day stays or less). Perform a cost seg study on JUST the ADU. Anyone out there with experience in a similar situation? Thanks for taking a look.

Quote from @Lynn McGeein:

@Nathaniel C. Can’t you just provide your insurance company with tenant’s renters insurance policy info and allow insurance companies to hash it out? I think it’s reasonable for tenant to pay deductible if it really was their fault, if that’s allowed by your policy, but seems weird to me that you could expect tenant to know hanging a picture in that one spot would cause a leak. If tenant was warned not to hang anything there without using those sticky wall hangers, or if they used something not meant for home use, then maybe.


 Thanks for taking the time to weigh in. I am interested in being a part of the solution on this, so would love to hear more about your perspective on fault in this situation. Your opinion is the landlord would be at fault in this given situation?

Quote from @Nathan Gesner:

I would require the tenant to file the claim with their renters insurance.

If they don't have renters insurance, then I would file a claim with my insurance and the tenant would be responsible for reimbursing me for the deductible. 

If my insurance rejects the claim, then the tenant is responsible for the entire cost. I would allow a payment plan, but I won't spread the payments more than six months. A better option is for the tenant to take out a personal loan, pay me in full, and make payments to the bank.


 Thanks for taking the time to reply. This seems like a reasonable solution. I am leaning towards attempting something along these lines. In the end I just want it to be fair for both parties. I think that gives us a good chance at tenant retention. With this being a high rent home and them being solid tenants, that is something we must keep in mind (but also not allow us to act foolishly in the name of retention).