Ways to offset my W2 tax with my passive income

Ways to offset my W2 tax with my passive income

Member since 2021 · 1 post · 0 votes

Hello All,

I own 3 short term rentals that I self manage and I Also own another business where I earn my w2 income working full time.

My question is from my understanding, I cannot use my passive income expenses to offset my W2 income. They only way to do that is if i can prove that I spent 750 hours a year working on the str.

1) Is that the correct tax law?

2) I was thinking if I opened up a property management company, and put 3 rentals in that, would that be enough to prove the 750 hrs./year and would that be a good idea?

3) Do you have any other suggestion on how I can go about this.

Thank you for your time. I'm still quite new to realeastate investing and I'm still learning alot.

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Michael PlaksPro Member
Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
4y

What you refer to is called a Real Estate Professional status which is not what you need. What you need is "material participation" which you might already have, based on your short description. But the only way to be sure is to have it examined by a competent accountant.

My concern is with your expectation of having losses from STRs, especially the self-managed ones. Normally they should cash flow well enough where they do not generate tax losses except for the first year in service when they might have large depreciation. Again, best to get a tax professional or an experienced STR operator to review your financials and your business plan.

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  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    4y

    What you refer to is called a Real Estate Professional status which is not what you need. What you need is "material participation" which you might already have, based on your short description. But the only way to be sure is to have it examined by a competent accountant.

    My concern is with your expectation of having losses from STRs, especially the self-managed ones. Normally they should cash flow well enough where they do not generate tax losses except for the first year in service when they might have large depreciation. Again, best to get a tax professional or an experienced STR operator to review your financials and your business plan.

  • Accountant · Edina, MN · Member since 2020 · 172 posts · 97 votes
    4y

    Nailed it @Michael Plaks 

  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
    4y

    @Melissa Aguila the IRS is VERY familiar with taxpayers trying to manipulate this.

    That's why they make it almost impossible for a full-time W-2 worker to qualify for the Real Estate Professional status.

    You can try it, but high chance of being audited.

  • Certified Public Accountant (CPA) | Tax Consultant | Bookkeeper · Member since 2022 · 29 posts · 17 votes
    4y

    @Melissa Aguila

    You still need to put in some work and make sure you meet the tests, here they are in short:

    -       The average stay per guest at the property during the year is 7 days or less (very common for Airbnb/VRBO type properties)

    -       You materially participate in your short-term rental (for simplicity, think: 500 hours, or 100 hours and more than any other individual)

    Meeting these tests allows your vacation rental to be considered non-passive, which allows losses from the property to offset your other non-passive income such as W-2 and business income.

    Notice what is not part of the test requirements, is that you spend more than 50% of your time working in your STRs, nor do you need to get 750 hours like the Real Estate Professional Status tests.

  • Investor · Goodyear, AZ · Member since 2015 · 29 posts · 7 votes
    4y

    Anyone want to explain if I am going to have to pay self-employment tax on my earnings if my STR earnings are not passive?  I have a tax guy telling me that I have to pay myself some amount and pay the employment tax on this payroll if it is active income.

  • Rental Property Investor · Bridgewater, NJ · Member since 2022 · 42 posts · 12 votes
    3y

    Quote from @Russell Fugitt:

    Anyone want to explain if I am going to have to pay self-employment tax on my earnings if my STR earnings are not passive?  I have a tax guy telling me that I have to pay myself some amount and pay the employment tax on this payroll if it is active income.

    Found this article because you got me thinking. Seems there's quite a grey area for now, but may be something to watch as the IRS gets more interested in this growing supply of STRs. Providing more services and amenities for your guests is what's going to continue to help you stand out among the competition and competition is getting fierce so doing more and better than the rest only happens naturally. https://hbkcpa.com/beware-vaca....   
  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    3y
    Quote from @Russell Fugitt:

    Anyone want to explain if I am going to have to pay self-employment tax on my earnings if my STR earnings are not passive?  I have a tax guy telling me that I have to pay myself some amount and pay the employment tax on this payroll if it is active income.

    No self-employment tax on STRs, unless you operate them hotel-style with daily maid service or some other special services.

    Your tax guy fell into a very common confusion related to STRs. Passive v. non-passive matters for one specific purpose: determining whether you can take losses. SE tax deals with an entirely different concept of "net earnings from self-employment", and renting real property is exempt, both LTR and STR.

  • Rental Property Investor · Bridgewater, NJ · Member since 2022 · 42 posts · 12 votes
    3y
    Quote from @Michael Plaks:
    Quote from @Russell Fugitt:

    Anyone want to explain if I am going to have to pay self-employment tax on my earnings if my STR earnings are not passive?  I have a tax guy telling me that I have to pay myself some amount and pay the employment tax on this payroll if it is active income.

    No self-employment tax on STRs, unless you operate them hotel-style with daily maid service or some other special services.

    Your tax guy fell into a very common confusion related to STRs. Passive v. non-passive matters for one specific purpose: determining whether you can take losses. SE tax deals with an entirely different concept of "net earnings from self-employment", and renting real property is exempt, both LTR and STR.

    Thank you Michael for putting our minds at ease.
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