M-MTax
Level 12

Investors & landlords


@rileysp wrote:

I have a full time residence that I do not rent, however, we use the vacation rental for personal use 2 months out of the year.   Does this disqualify most of my expenses because of the 2 months?

 


If personal use is 60 days (2 months) out of the year, then the maximum number of days the property could be used for rental purposes is 305 days. 

 

60 days of personal use (that you have) is more than the greater of 14 days or 10% of rental use days and, as a result, the rental is treated as a "residence" for the purposes of Section 280A and your deductions are limited.

 

Read through the Section  since it applies directly to your scenario. 

 

 

 

(d) Use as residence

(1) In general
 
For purposes of this section, a taxpayer uses a dwelling unit during the taxable year as a residence if he uses such unit (or portion thereof) for personal purposes for a number of days which exceeds the greater of—
 
(A) 14 days, or
 
(B) 10 percent of the number of days during such year for which such unit is rented at a fair rental.
 
For purposes of subparagraph (B), a unit shall not be treated as rented at a fair rental for any day for which it is used for personal purposes.