Tax question on sec 469 for short term loophole

Tax question on sec 469 for short term loophole

Member since 2019 · 13 posts · 4 votes

Can anyone tell me exactly what part of sec 469 of the tax code that explains what qualifies you as a real estate professional? I am having a disagreement with my CPA. He says that you have to have a 7 days or less on average AND offer significant services. Everything I am reading and the tax class I took says that you have to maintain an average of 7 days or less OR 30 days or less with Significant services. Can someone please shed some light on this. Thanks!

2Reply
14 views

Most Popular Reply

Greg O'BrienBusiness Member
Accountant · Boston, MA · Member since 2019 · 386 posts · 336 votes
3y

@Stevee Danielle this may help. BTW, there is no loophole, its the law!

https://www.biggerpockets.com/topics/1056436

See this reply in the discussion

7 Replies

Jump to latestLatest
  • Michael BaumPro Member
    Olympia, WA · Member since 2016 · 8k+ posts · 7k+ votes
    3y

    So this is territory that is best left to professionals. I would ping another CPA to get their opinion. Here is a document from the IRS that goes over passive activity loss. It is apparently only for audit training purposes but here ya go.

    https://www.irs.gov/pub/irs-ms...

  • Rental Property Investor · North Fork, NY · Member since 2016 · 1k+ posts · 631 votes
    3y

    ^^read this and you’ll answer your own questions. Then send it to your CPA.

  • Greg O'BrienBusiness Member
    Accountant · Boston, MA · Member since 2019 · 386 posts · 336 votes
    3y

    @Stevee Danielle this may help. BTW, there is no loophole, its the law!

    https://www.biggerpockets.com/topics/1056436

  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    3y
    Quote from @Greg O'Brien:

    @Stevee Danielle this may help. BTW, there is no loophole, its the law!

    https://www.biggerpockets.com/topics/1056436


     Thank You!

  • Investor · Member since 2022 · 1k+ posts · 754 votes
    3y
    Quote from @Michael Baum:

    So this is territory that is best left to professionals. I would ping another CPA to get their opinion. Here is a document from the IRS that goes over passive activity loss. It is apparently only for audit training purposes but here ya go.

    https://www.irs.gov/pub/irs-ms...

    Yes! Reach out to another cpa if you need to
  • Member since 2019 · 13 posts · 4 votes
    3y

    Thanks!

  • Real Estate Consultant · Denver, CO · Member since 2021 · 661 posts · 389 votes
    3y

    Reaching out to the majority of CPAs will not likely help. We have found that more than 50% and closer to 90% of depreciation schedules by CPAs/tax professionals on STRs are not being done correctly. After seeing so many errors and hearing the same questions over and over from clients and their tax professionals, Our VP and I wrote a Q&A document to answer the most common questions. It is being posted on a website for the Colorado Society of CPAs this month. Let me know if you want a copy. 

Join the conversationCreate a free account to reply, vote on answers and follow this thread.