See https://www.irs.gov/publications/p527#en_US_2023_publink1000219123
If you used the rental property as a home during the year, any income, deductions, gain, or loss allocable to such use is not to be taken into account for purposes of the passive activity loss limitation.
See https://www.irs.gov/publications/p925#en_US_2022_publink1000104578
Activities That Aren’t Passive Activities
The following aren’t passive activities.
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3.The rental of a dwelling unit that you also used for personal purposes during the year for more than the greater of 14 days or 10% of the number of days during the year that the home was rented at a fair rental.
