Vanessa A
Employee Tax Expert

Investors & landlords

It sounds like you are falling into the category of personal use property instead of a rental property. 

 

In order to claim a loss on rental property, it would not be able to be considered personal use.  It would need to be considered a rental property, otherwise your loss is limited to income received. 

 

Based on your numbers, if it was rented for 35% of the year that would be 128 days.  If you spent 21 days there and entered it as personal use, then you would be over the 10% allowed. Since you were there using the property for more than 12 days, this is limiting your loss which is the reason TurboTax is making it personal use property. 

 

 

"You're considered to use a dwelling unit as a residence if you use it for personal purposes during the tax year for a number of days that’s more than the greater of:

  1. 14 days, or
  2. 10% of the total days you rent it to others at a fair rental price."https://www.irs.gov/taxtopics/tc415
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"