@TomD8 wrote:
(2)Personal use of unit: For purposes of this section, the taxpayer shall be deemed to have used a dwelling unit for personal purposes for a day if, for any part of such day, the unit is used—
(A)
for personal purposes by the taxpayer or any other person who has an interest in such unit, or by any member of the family (as defined in section 267(c)(4)) of the taxpayer or such other person.
Yes. There is an exception to the above-quoted section in 280A(d)(3)(A), but the property must be used by the family member as a principal residence and pay fair rental.
Fair rental is the key without which the real estate is deemed to be for personal use. If the property owner has 365 days of personal use, that property owner essentially just has a second home.
