Seeking Clarification on Material Participation Rules for STR Tax Loophole

[Mohsen Samadani]

I have some questions about the material participation rules for the STR tax loophole. I would appreciate any insights.

1- In a partnership or LLC, can both partners benefit from this strategy if they invest in the same property? Does having a business partner infringe on the rule of spending more than 100 hours and more than anyone else in the business?

2- If I employ a full-service property manager to handle tasks such as cleaning, maintenance, booking, and guest communication, while I focus on business aspects like property search, renovation, decoration, bookkeeping, and supply procurement, would this still qualify as material participation or could it pose a risk? How does the IRS define the boundaries of material participation and how stringent are they in enforcing these rules?

3- Can I use this strategy and deduct all business expenses if I finance the property with a secondary home loan, or should I only get an investment loan? Does the IRS care about the type of loan I'm using?