Tax question on improving an accessory dwelling unit for AirBnB

Tax question on improving an accessory dwelling unit for AirBnB

Real Estate Agent · Annapolis, MD · Member since 2017 · 109 posts · 82 votes

Hiya!

I'm a buy & hold investor in Annapolis, MD. 

Just gave up W-2 income this year to become a 1099, and I'm trying to apply leverage on real estate I already own: my primary residence. (It will take another year or so before I can show a solid rental history on my first rental purchased last year; until then I won't qualify for another mortgage).

I started construction on an accessory dwelling unit in my back yard, a carriage house (aka a large shed) that will become a not-so-tiny house. I pulled permits, hired a general contractor, will get rental license and pay all applicable occupancy taxes, etc. 

The project is well underway and should be completed at the end of this month. Because of the required underpinning of the structure and the high-end positioning of this rehab (full bath, full kitchen), I'm looking at approximately $70K.

I've set up an LLC #1 for my first rental last year (managed on my own), and another LLC #2 this year for my real estate business since I became an agent.

My questions are:

- would it be OK to place my AirBnB business in progress under LLC #1?

- are the improvement costs on the AirBnB dwelling ($70K) a deductible expense, and can they all be deducted in year 1, i.e. 2018?

- does LLC #1 needs to be taxed as an S-corp for me to enjoy 100% of the passive income deduction against my income (AGI over $150K in 2018 due to a job termination severance + consulting + solid agent commission). I will only enjoy this high income level this year, and haven't withheld all taxes yet. Hence trying to reap the benefits of ongoing business investments THIS year... Next year will be a completely different story.

Thanks in advance for all your help. Looking for some clarity before I talk to a professional.

I won't be using the same CPA I hired for the first time last year, as he missed a few things that are going to cost me dearly. And didn't care for his "bedside manners". If you think you know who is the best resource to assist me, happy to hear your recommendations.

Cheers!

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  • Ashish AcharyaBusiness Member
    CPA, CFP®, PFS · FL · Member since 2017 · 5k+ posts · 3k+ votes
    7y

    @Marylin OShea

    - Placing AirBNB under LLC 1 will subject your current rental property to the liability of the AirBNB. If you are comfortable with that, its your decision. This does not make any difference from tax perspective.

    - The work that you have done to your Shed to make it AIRBNB ready will most likely added as the basis of the property. There can be arguments for deductions based on some safe harbors. Your professional will have to decide on that. Most of the expenses will be added to the basis of the property and depreciated over 27.5 years. No immediate deduction to offset your high income this year. Focus on converting some of the work from improvements to repairs. It can be done via correct timing of your repairs after you advertise.  There are multiple other posts on this. 

    - Electing to be taxed as S-corp will not convert your passive income into ordinary income. Your rental will still be passive income.  ( Also, it is not recommended to put your rentals in the S-corps) . 

    The AirBNB will not automatically be passive as it is not considered "Rental" for tax purpose and your degree of material participation will determine if you can deduct loss from AirBNB against your 1099 income. I am guessing your material participation will help you use the tax loss form AIRBNB against your W-2 income even if you are above 150k. 

    Most of the people miss this: 150k limit to deduct 25k of rental loss is for the passive rental loss, not AIRBNB.  Most of the AIRBNB is not rental activity, thus 25k deduction of loss for passive AirBNB is not allowed.  If you materially participate in the Airbnb activity, the loss will be deductible. 

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