Sorry, You Can't Get There From Here: The Untenable Goal of Using Short-Term Rental Real Estate To Attain Real Estate Professional Status

2014; RELX Group (Netherlands); Linguagem: Inglês

ISSN

1556-5068

Autores

Ausher M.B. Kofsky,

Tópico(s)

Business Law and Ethics

Resumo

This Article addressed the surprisingly controversial issue of whether the law allows taxpayers to include hours worked relating to short-term rental real estate as hours associated with a real property trade or business. An example is whether operating a Bed and Breakfast is a business or a real estate venture. The classification matters because if a taxpayer has sufficient hours, the taxpayer may then qualify as a real estate professional under I.R.C. § 469(c)(7). Real estate professional status usually entities the taxpayer to currently deduct passive activity losses. The Article concluded that hours devoted to short-term rental real estate simply do not qualify for real estate professional status.

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