How can I make Schedule E to be non-passive income?
I have an airbnb rental. My average rental days is less than 7 days and I actively participated in the business. I read up on airbnb reporting guidance that I should report my rental activities on Schedule E. However, when I use schedule E in FreeTaxUSA, it's default to be passive income. What do I need to do to make it non-passive?
Answers
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Hi anguyen3010! It sounds like your Airbnb keeps you pretty busy.
According to the IRS, rental income is generally considered passive income, even if you materially participate, unless you are a qualified real estate professional.
However, if the property was rented for an average of 7 days or less per guest, the rental isn’t a passive rental activity, and it should be reported on Schedule C instead.
Check out this great article in the Community for more information.
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I respectfully disagree with the answer provided by Henry. This topic has been well researched by various tax professionals and attorneys. It's accepted by pretty much everybody that if the rental activity is for short-term rental (under 7 days) and if the partnership member is materially participating in the business, Schedule E losses are considered active and can be used to offset other active income such as W2 wages.
Here is the actual copy and paste from Publication 925.
"Exceptions. Your activity isn’t a rental activity if any of the following apply.
1. The average period of customer use of the property is 7 days or less."I like FreeTaxUSA, but if it keeps this mistake unfixed, I will have no choice but to go back to another tax service. Please, FreeTaxUSA, please get your tax experts to review this and fix the software!!!
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Hi @Phaser, I am glad to hear that my understanding of rental income being non-passive is not completely incorrect.
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@anguyen3010, unfortunately my opinion and your opinion don't mean anything.
I am in the same boat as you were last year — I need to take the rental loss (through material participation) to offset my W2 income, but FreeTaxUSA's software doesn't allow that.
By the way, FYI, you used the phrase "actively participated" in your post last year. Active Participation and Material Participation are 2 different definitions and lead to different tax treatment. Active Participation is easier to be eligible for, but it gives you a cap on how much passive loss can be used to offset against active income. That amount decreases if your AGI is above $100k and disappears if AGI is above $150k. Material Participation has a higher bar to meet, but if you meet it, there is no AGI threshold.
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I have the same issue as Phaser and anguyen3010. With a STR and stays less than 7 days on average, I want to select Schedule E losses as active.
@Phaser Perhaps one could simply mark themselves as a "real estate professional", so it switches from passive to active? However, in my case, I have two rental properties and do not want them both toggled to active as just one of them is an applicable STR…
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I am running into this same issue. I have a schedule E with 2 passive long term rentals and 1 active short term rental, but all are counted as passive by freetaxusa. Any suggestions on what to do? Is using other software really the only way?
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Did anyone figure out a way to fix this? I am surprised to see my STR expenses allow for almost no deductions despite my material participation. I don't want to incorrectly report my status as "real estate professional" but doing so reduces my tax liability by around $20k. I would not be investing my time and money into short-term rentals if it were not for the tax benefits and passthrough deductions. I'm about 80% done with filing my taxes through freetaxusa, it would be a shame to start over in another software.
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You're right, Phaser. Short-term rentals are getting to be more and more common, and the IRS has provided better guidance on how this type of income should be reported.
If the property was rented for an average of 7 days or less per guest, the rental isn’t a passive rental activity, and it should be reported on Schedule C instead.
I have updated my previous answer to reflect this information. I appreciate your feedback!
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Hi,
Phaser's disagreement with our pro led me to do some research on this matter. Here is what I found:
From Form 8582 instructions (read the linked Exceptions section):
- An activity is not a rental activity if it is a short-term rental (each guest stays 7 days or less)
- If the rental activity has a profit motive it is a trade or business that may either be a passive activity or an active trade or business depending on material participation (Taxpayers will need to evaluate their work in their rental activity)
- If the short term rental has material participation, it should be reported on Schedule C as an active trade or business (this FreeTaxUSA supports) This will be the only place where your losses will be deductible against all other income.
- If the short term rental doesn't have material participation, it remains a passive activity and (this is not clearly stated in the IRS Pubs) and it can be reported as a passive trade or business on Schedule C (which FreeTaxUSA software doesn't currently support). The pubs state that short term passive rental losses should be reported in Form 8582 Part V, and this is generally from passive Schedule Cs, passive rentals that don't meet the active participation allowance, and passive non real estate rental businesses.
- Since the IRS is not exactly clear on this, you may just be able to continue using the rental section of Schedule E if the short-term rental is still a passive activity (marked NO for active participation) without complaint from the IRS.
In short, the only way to report a short term rental as a non-passive activity in FreeTaxUSA is on Business Income (Schedule C). If you want it done through Schedule E, you will need a tax professional with the versatility that professional software offers.
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