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New Member
posted Mar 18, 2023 5:13:33 PM

Tax deduction for W2 with Short Term Rental AND Long Term Rental

Hello, I've outlined my situation below and would love guidance on the question afterwards:

 

  1. I am a W2 worker in a non-real estate profession. My MAGI is > $150k. I cannot qualify as a real estate professional as my W2 does not focus on real estate and my work commitment is 50 hours/week.
  2. I own a short term rental that I personally clean, manage, and maintain. The average stay is < 7 days.. Despite not being a real estate professional, my understanding is I can claim losses in excess of revenue against my W2 income.
  3. I own a long term rental that I personally manage. The average stay is > 7 days. Not being a real estate professional, my understanding is I cannot claim losses in excess of revenue against my W2 income.

My question: Is there any tax claim configuration with the above profile where I can change the long term rental such that I can claim excess losses again my W2? I.e. Could I claim the two units' revenues as a property management firm and consider them both as active income as my efforts on the STR are significant?

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3 Replies
Expert Alumni
Mar 19, 2023 9:27:03 AM

No, you wouldn't combine the two rentals into a single activity for the scenario as described. The tax treatment of the two rental properties is based on their character as a short-term rental with substantial services rendered, and a long-term rental. 

 

If your MAGI exceeds the limit to deduct up to $25,000 in passive losses from rentals, you won't be able to deduct losses on the long-term rental in the current year. The losses are "suspended" until such time as you qualify to take them or the property is sold.

 

Generally, you will file Schedule C for your short-term vacation rental if the average guest rents the property for fewer than 7 days or the average guest stay is fewer than 30 days AND you provide guests with “substantial services”. If you provide substantial services that are primarily for your tenant's convenience, such as regular cleaning, changing linen, or maid service, you report your rental income and expenses on Schedule C.

 

A passive activity is any business activity in which you did not materially participate and any rental activity, except in certain circumstances such as for a qualified real estate professional.

 

Please see IRS Topic 414 and IRS Publication 527 for more information.

 

Level 12
Mar 19, 2023 3:36:03 PM

Only report the short term rental on Sch C IF you provide substantial services for tenants or are a real estate dealer....everyone else lists rental real estate on Sch E.

New Member
Sep 2, 2024 6:01:29 PM

 

Do any of you happen to know if a multiple unit property with some short term rental and some long term rental can qualify for the short term rental property active income non-cash depreciation which can be passed to off set W-2 income?