STR Material Participation In The First Year - Bonus Depreciation

STR Material Participation In The First Year - Bonus Depreciation

Pierre E.Pro Member
Washington, DC · Member since 2016 · 123 posts · 42 votes

Anyone have any information on when the material participation clock starts and hours you or others spend start counting? ( specifically for a property newly purchased mid tax year new to the investor — in this case using 100 hours more than anyone else for STR tax loophole)

Is it

a- it hours only once the property has been placed in service or

b- all hours of all people in the year it was placed in service?

c - all hours of all people are evaluated after date of ownership/closing in year property placed in service?

Thank your for your thoughts or pointing me in the right direction

If it helps i wrote two opposing scenarios:

——

Scenario 1: a property purchased in fall of the year, owner did DIY renovation's total 120 hours placed it in service as an STR, cleaner did 100 hours from service start date until end of year and owner did only 80 hours from service start date until end of year - (1st time ever placed in service was AFTER renovation only for stays averaging less than 7 days, no other prior uses under that owner). would owner meet criteria or no?

Scenario 2: a property was purchased in the beginning of a year and originally NOT intended for short term rental use but was never rented or marketed, and was renovated in a couple months by a contractor 350 hrs, and then the decision was made to turn it into a short term rental owner spent 400 hours in material participation after service start date others spent max 50 hours after service start date

Owner spent over 100 more than anyone once property was an STR, but if the contractor hours also count then they would not qualify?

The scenarios are hypothetical but made to help clarify the initial question with the a / b / c options.

If the desire is to also then use the

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  • Attorney · Boston, MA · Member since 2023 · 139 posts · 75 votes
    3y

    @Pierre E. Normally you should go with Date in Service forward. Prior to that, it is unlikely (but not impossible) a business activity has commenced.

    Where investor hours will not count, due diligence and acquisition time could count for Material Participation.

  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    3y

    This is a very astute question, @Pierre E.

    Were you my client, I would have spent time to verify my forthcoming answer. As is, I'm answering off the cuff, so I could be wrong, and please take my opinion as it is: an unverified opinion.

    Placing the property in service matters in the context of Sections 195 and 212. It determines when you can start claiming deductions on your tax return.

    Material participation matters in the context of Section 469. It determines the character of the losses and you ability to deduct them. I believe it to be unrelated to the issue of placing the property in service. I believe that an "activity" for the purposes of material participation commences when you start working on it and not when your work culminates in placing the property in service. In fact, I'd say it starts before closing.

    So, my answer is:

    Scenario 1: 120+80 hours against 100 hours = you do qualify

    Scenario 2: 400 hours against 50 hours = you do qualify. The 350 hours were spent prior to the decision of making this property a rental property, which is before the "activity" commenced, and are therefore irrelevant.

    Again, this answer has not been properly verified and could be wrong. 

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