Clearing Up Confusion: A Common Question on STR and REPS

Clearing Up Confusion: A Common Question on STR and REPS

Attorney · Boston, MA · Member since 2023 · 140 posts · 75 votes

We hear many real estate investors assuming that their new portfolio of STRs is setting them up nicely for Real Estate Professional Status and thus will help convert their portfolio of long term rentals to nonpassive.  

However - this is misguided and here it why:

1) Is this activity truly a STR? Although you may call it a short term rental for tax purposes, the property must be rented for an average period of 7 days or less throughout the tax year AND you must materially participate under IRC 469.  Further, you must be cognizant of personal use days (separate topic).  At this point, the property would meet an exception to the rental real estate rules.

2) If you do qualify as a STR for Tax Purposes, the hours you spend on each STR are NOT real estate professional hours.  Why?  You met the exceptions to rental real estate and thus are treating this as a business activity (https://www.law.cornell.edu/cf...)

2a) What if you spent a ton of time researching the property before closing? I was not sure it WOULD be a STR.  This also would not count as the IRS views these as investor hours which do not count towards the REPS status.

3) The Tax Court summarized this nicely...way back in 1996! STRs have been around forever for tax purposes!

 "Petitioner's activities that are related to the Arrow Property are DISREGARDED for purposes of determining if she was a Real Estate Professional, because the Arrow property is NOT "rental real estate" as defined...

If you have BOTH STRs and LTRs, unfortunately these will not combine for REPS! We recommend tracking you STR hours completely separately from LTR hours for this purpose. The more astute auditors do understand this and if you have a mixed use log, it could spell trouble.


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

Great information!

Thanks for providing. 

See this reply in the discussion

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  • Joseph PalmieroBusiness Member
    CPA · PA · Member since 2023 · 151 posts · 115 votes
    3y

    Great information @John Malone.

    Thank you for sharing!

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

    Great information!

    Thanks for providing. 

  • Attorney · Boston, MA · Member since 2023 · 140 posts · 75 votes
    3y

    @John Underwood certainly! We’ve seen a few incoming investors claiming REPS under this premise, blessed by prior CPA incorrectly!

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

    Nice post @John Malone. Sometimes I wonder how some CPA's derive their info.

  • Attorney · Boston, MA · Member since 2023 · 140 posts · 75 votes
    3y

    @Michael Baum with stuff like this, often times people just assume:

    "STR = Real Estate"

    “Real estate hours lead to REPS”

    I can see why it gets overlooked but it can be a costly mistake!

  • Sandra McEwanPro Member
    Rental Property Investor · Tampa FL and Augusta, GA · Member since 2021 · 68 posts · 14 votes
    1y

    what about mid-term rental hours?

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