IRS Definition of Rental Days and Personal Days

IRS Definition of Rental Days and Personal Days

Member since 2025 · 9 posts · 6 votes

Good morning, I’m trying to understand a little more about how the IRS views “days” when applied to rental days and personal days.

Does the IRS consider a customer overnight stay as 1 or 2 rental days?

What I’m really getting at is an IRS “rental day” from midnight to midnight, or from the afternoon on one day to the morning of the next day? And do Personal Days follow the same convention?

This is important for us when it comes to calculating Personal Days (and average rental duration). Our frequent scenario will be to arrive at the property to do monthly maintenance on Friday evening and depart on Sunday morning. If a “day” is midnight to midnight, it’s unlikely we will be able to meet the “Days used for repairs and maintenance” criteria on Friday, therefore causing a Personal Day. Same issue on our departure day as we may leave in the morning and not have time to do much work.  The bulk of work would be done through the day on Saturday.

Our primary purpose to be at the property is do monthly maintenance and repairs, and I understand 4+ hours is the requirement to meet the “Days used for repairs and maintenance” criteria. I’m not sure how to prevent the accumulation of Personal Days with a midnight to midnight definition of day.  Any information would be helpful.  Thank you.

What is a day of personal use?

A day of personal use of a dwelling unit is any day that the unit is used by any of the following persons.

Days used for repairs and maintenance.

Any day that you spend working substantially full time repairing and maintaining (not improving) your property isn’t counted as a day of personal use. Don’t count such a day as a day of personal use even if family members use the property for recreational purposes on the same day.

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John UnderwoodPro Member
Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
1y

I believe the general consensus of a day is how many nights.

So if you show up on a Tuesday and leave on a Wedsday that is one night.

See this reply in the discussion

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  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    1y

    I believe the general consensus of a day is how many nights.

    So if you show up on a Tuesday and leave on a Wedsday that is one night.

  • Andrew SteffensBusiness Member
    Tampa, FL · Member since 2022 · 4k+ posts · 3k+ votes
    1y

    There are some pretty knowledgeable non-CPA's here, but I would double check any answer with a CPA to be 100% sure

  • Ashish AcharyaBusiness Member
    CPA, CFP®, PFS · Sarasota, FL · Member since 2017 · 5k+ posts · 3k+ votes
    1y

    @Justin Unck The IRS defines a “day” as a full calendar day, midnight to midnight, so an overnight stay typically counts as two rental days (e.g., Friday and Saturday if guests stay Friday night through Sunday morning). For personal vs. maintenance use, a day is not considered personal if your primary purpose is to perform repairs or maintenance (not improvements) and you or your spouse work at least 4 hours that day. Even if family is present for leisure, the day still counts as maintenance if the 4-hour work threshold is met. In your case, arriving Friday night without doing work would make Friday a personal day, Saturday a maintenance day (if you work 4+ hours), and Sunday a personal day unless you also work that morning. To avoid personal day classification, adjust timing or ensure you document 4+ hours of work with logs or records.

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  • Member since 2025 · 9 posts · 6 votes
    1y
    Thanks for the replies so far.  In a discussion on a different website, someone had said this:

    "The tax code has in the 280A regulations that if you arrive the night before, and then spend the next day working, that the night before will not count against you."

    I searched the internet for 280A regulations, but i couldn't find anything.  Does anyone know something about this?  That would be incredibly helpful as I'm personally leaning toward a strict interpretation of the IRS rules by using a midnight to midnight convention as a rental day, which means I have to put in 4+ hours on Friday evening to avoid a personal day.

    I posted a follow up in that discussion; we'll see if they can provide more details.


    Justin


  • Member since 2025 · 1 post · 2 votes
    1y

    The court in Van Malssen v. Commissioner (2014) held that travel days to and from are deemed not be to personal use days so long as the primary purpose of the trip was maintenance or repairs. 

  • Collin HaysBusiness Member
    Property Manager · Gatlinburg, TN · Member since 2020 · 3k+ posts · 4k+ votes
    1y

    CPA question

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