LLC owning and running STR at net loss for 3 years, does it classify as a hobby?

LLC owning and running STR at net loss for 3 years, does it classify as a hobby?

Member since 2023 · 1 post · 0 votes

Hi, I am new to STR market, and I plan to get into this business after learning all the benefits it comes with.

We all know how STR (for 7 days or less lease) can be great for depreciation tax deduction, as it counts as an active income/loss, while the property value is appreciated.

From my understanding, the IRS states if a business is running at a loss for 3 years in the last 5 tax years, then it will be classified as a hobby, and I assume with that a huge tax bill will be on the way.

My question is, if people are using LLC to run STR at a loss for depreciation deduction for 3/5 and more tax years, wouldn't IRS just consider it as a hobby? Since with the depreciation of the property, the STR is unlikely to have net income and it would always be losing money on paper.

I plan to getting into the STR market once the mortgage rate gets a bit better, I wish to learn as much as I can while waiting for it. Any info would be appreciated, thanks!

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Linda WeygantPro Member
Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
3y

You're confusing a business with an investment.

Businesses are reported on Schedule C (or in an entity structure) and are classified as Non Passive, Ordinary Income.  This is where the hobby loss rules come into play.

Rentals are reported on Schedule E (or in an entity structure) and are classified as Passive Income.  No hobby loss rules apply.

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  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    3y

    You really need to have a CPA doing your taxes and answering these questions for you.

    You are going to get people's opinions and what they think here. I would want a tax professional to give me an answer I could trust.

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

    You really need to have a CPA doing your taxes and answering these questions for you.

    You are going to get people's opinions and what they think here. I would want a tax professional to give me an answer I could trust.

    What John said. Hire a knowledgeable STR CPA
  • Zeona McIntyrePro Member
    Real Estate Agent · Boulder, CO · Member since 2015 · 285 posts · 226 votes
    3y

    I also suggest speaking with a CPA. My big tax savings with my STRs have come from doing a Cost Segregation study. I suggest looking into that. It gives you 80% bonus depreciation this year and beyond. 

  • Realtor · Gatlinburg · Member since 2020 · 1k+ posts · 957 votes
    3y
    Quote from @Zeona McIntyre:

    I also suggest speaking with a CPA. My big tax savings with my STRs have come from doing a Cost Segregation study. I suggest looking into that. It gives you 80% bonus depreciation this year and beyond. 


     Isn’t it 80 percent this year, then going 60,40,20,0 each subsequent year later?

  • Madhu PonnadaPro Member
    Rental Property Investor · El Dorado Hills, CA · Member since 2020 · 32 posts · 9 votes
    3y

    @John Carbone yes you are right about % based on 2017 tax changes 

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

    Hey @NA Zhu, like the others have said, get a good CPA to help you with this.

    Here is what the IRS says about business vs hobby - https://www.irs.gov/newsroom/h...

  • Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    3y

    A friend of mine took up “professional motorcycling” for 3 years including all the deductions for his truck, trailer, motorcycle and travel. After 3 years he had won 12 trophy’s for top 3 finishes. And zero money. It then became a hobby. 

    At the time he was able to use H&R Block and pay less than a $100 for audit protection where they promised to pay any extra taxes due. That was 20 years ago. Either the IRS accepted it, or H&R Block paid without even contacting him. 

    I’m just saying… Having the correct professional on your side it worth a lot. And some extra insurance don’t hurt either. :-)

  • Linda WeygantPro Member
    Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
    3y

    You're confusing a business with an investment.

    Businesses are reported on Schedule C (or in an entity structure) and are classified as Non Passive, Ordinary Income.  This is where the hobby loss rules come into play.

    Rentals are reported on Schedule E (or in an entity structure) and are classified as Passive Income.  No hobby loss rules apply.

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