I own a timeshare but was unable to use it in 2020 so rented the days out instead. I received a1099-MISC. Is this considered a rental property? needing a schedule E?

[brianlyndonwong]

I'm not sure if this is considered regular income or rental income, which brought be down the path of depreciating the asset of owning a vacation home which I don't think I do with a timeshare.

[MarilynG1]

Per @MichaelDC:

"The IRS says that if you rent out your house for 14 days or fewer during the year, you don't have to report the rental income on your tax return. 

However, that rule would treat your timeshare as a vacation home only if you personally use it for at least 15 days during the year in addition to the days it is rented.

If you don't meet both 15-day rules, the income is taxable. This means that you must own a timeshare a minimum of three weeks at a single resort, with at least 15 days used personally.

This will be reported in TurboTax as Rental Income on Schedule E.  Deductions allowed include annual maintenance fee, advertising, rental commission, depreciation, property taxes (if you pay them separately from the maintenance fees) and interest on your timeshare."

Click this link for more info on Timeshare Rentals. 

[2tennpalmers]

This guidance was really difficult to find.  It should be easy to learn on-line how to report a 1099-MISC for a time share that you released back to the Timeshare company and paid the annual maintenance fee.  But it hasn't been easy.  Many references are provided on-line to IRS Publication 527, "Residential Rental Property (Including Rental of Vacation Homes)" which says that if you rent out your house for 14 days or fewer during the year, you don't have to report the rental income on your tax return.

However, except for this Intuit post, I have not found any guidance saying that, "the IRS would treat your timeshare as a vacation home (per IRS Pub. 527) only if you personally use it for at least 15 days during the year in addition to the days it is rented.  If you don't meet both 15-day rules, the income is taxable. This means that you must own a timeshare a minimum of three weeks at a single resort, with at least 15 days used personally. This will be reported in TurboTax as Rental Income on Schedule E. Deductions allowed include annual maintenance fee, advertising, rental commission, depreciation, property taxes (if you pay them separately from the maintenance fees) and interest on your timeshare."

While that guidance makes perfect sense, can anyone cite an official IRS publication or ruling that backs it up?

[DianeW777]

The IRS link below will be helpful and it does reference IRS Publication 527, 'for profit' is key in your situation.

Rental of a dwelling unit (for profit):

• The tax treatment of rental income and expenses for a dwelling unit that you also use for personal purposes depends on how many days in a tax year you used the unit for personal purposes.
• Renting to relatives may be considered personal use even if they're paying you rent, unless the family member uses the dwelling unit as his or her main home and pays rent equivalent to the fair rental value.
• Refer to Publication 527.

Timeshare:

Yes, you can enter it as real estate rental. it would be reported on Schedule E and the expense for maintenance fees could be a deduction only for the amount of rental days divided by the total days for the timeshare period of time you own.  You may be asked if you own the rental and you must answer 'Yes'.  Do not add any assets.

There would be no depreciation and possibly no other expenses that might apply for a timeshare.  

Once last piece of information is the 'Not for Profit' rules.

• Not Rented for Profit
  If you don’t rent your property to make a profit, you can’t deduct rental expenses in excess of the amount of your rental income. You can’t deduct a loss or carry forward to the next year any rental expenses that are more than your rental income for the year.
  • Where to report.  Report your not-for-profit rental income on Schedule 1 (Form 1040), line 8.
    1. Click Wages & Income  > Review Income
    2. Scroll down to Less Common Income. Click Show more
    3. Start or Revisit Miscellaneous Income, 1099-A, 1099-C
    4. Scroll to select  Other reportable income
    5. Say Yes to Any Other Taxable Income?
    6. Enter a description and amount

Please update if you have more questions and we can help.

@2tennpalmers 

[Edited: 04/08/2026 | 7:42 AM PST]

[AmeliesUncle]

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@2tennpalmers wrote:

can anyone cite an official IRS publication or ruling that backs it up?

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"You use a dwelling unit as a home during the tax year if you use it for personal purposes more than the greater of:

1. 14 days, or

2. 10% of the total days it is rented to others at a fair rental price."

https://www.irs.gov/publications/p527#en_US_2025_publink1000285456

"Used as a home but rented less than 15 days.

If you use a dwelling unit as a home and you rent it less than 15 days during the year, its primary function isn’t considered to be rental and it shouldn’t be reported on Schedule E (Form 1040). You aren’t required to report the rental income and rental expenses from this activity."

https://www.irs.gov/publications/p527#en_US_2025_publink1000219202

It comes from the law at Section 280A(d)(1) and 280A(g).

https://www.law.cornell.edu/uscode/text/26/280A