Passive vs active activity (2024)

So confused! We have a cabin (second home) that is a short-term rental. We use a property manager to handle bookings (using her own website and VRBO), pay sales tax, arrange for cleaning, etc. She gets a percentage of the net fees paid by guests. The average stay of guests is 3 days or less. However, we handle all major repairs, pay for maintenance and supplies and the like. We travel there about 12-15 times per year to make improvements and major repairs. For the life of me I can't tell if this is active or passive income.

The property manager sends us a 1099-Miscellaneous reflecting the net amount we're paid, but a tax guy told me a couple of years ago that we need to report the entire rate as Rent, then show the fees the manager keeps as a deduction (along with other expenses). Is this correct? It hasn't been a problem until this year when our losses are being disallowed because other income over the threshold.

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‎March 10, 20236:46 AM

last updated‎March 10, 20236:46 AM

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2 Replies

Passive vs active activity

You do need to report the total income that the property generates. Then deduct the management fees and other charges that the property manager keeps from the proceeds. The property manager should be issuing you a Form 1099-MISC reporting the total rent received.

Short-term rentals are considered to generate passive income. However, based on the work that you do for the rental property, you are considered to be active participants. This means that you may be able to use some of the losses from the rental to offset income that is not passive income. You do have to have an Adjusted Gross Income below certain thresholds to quality as you mentioned.

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‎March 10, 20237:05 AM

Passive vs active activity

@lisainazlewrote:

we handle all major repairs, pay for maintenance and supplies and the like. We travel there about 12-15 times per year to make improvements and major repairs.

You should be advised that, per Section 280A(d)(2), a day spent onrepairs and maintenance is not considered to be a day of personal use.

In connection with the foregoing, if you used the unit for personal purposes during the year for more than the greater of 14 days or 10% of the number of days during the year that the unit was rented at a fair rental, it is not a passive activity.

Seehttps://www.irs.gov/publications/p925#en_US_2022_publink1000104578

‎March 10, 20238:26 AM

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Passive vs active activity (2024)

FAQs

What is the difference between active and passive activities? ›

Active recreation refers to activities that require physical exertion, such as playing sports or hiking. Passive recreation, on the other hand, is generally more sedentary in nature and includes activities like reading or watching television.

What does the IRS consider a passive activity? ›

Passive activities include trade or business activities in which you don't materially participate. You materially participate in an activity if you're involved in the operation of the activity on a regular, continuous, and substantial basis.

What is the $25,000 passive loss exclusion? ›

Under the passive activity rules you can deduct up to $25,000 in passive losses against your ordinary income (W-2 wages) if your modified adjusted gross income (MAGI) is $100,000 or less. This deduction phases out $1 for every $2 of MAGI above $100,000 until $150,000 when it is completely phased out.

Am I an active participant in my rental property? ›

Own 10% or more of the rental property. Make management decisions in a significant and bona fide sense. Management decisions that count as active participation include approving new tenants, deciding on rental terms, approving expenditures, and other similar decisions.

What are examples of passive activities? ›

Leasing equipment, home rentals, and limited partnership are all considered examples of common passive activity. When investors are not materially involved they can claim passive losses from investments like rental properties.

What are 2 differences between active and passive? ›

What is active voice, what is passive voice, and what's the difference? In the active voice, the sentence's subject performs the action on the action's target. In the passive voice, the target of the action is the main focus, and the verb acts upon the subject.

Is owning rental property a passive activity? ›

However, the IRS guidelines in IRS Publication 925 categorize rental activities as passive, even when an investor materially participates in them. So, despite the hands-on engagement with rental property ownership and income collection, it's generally considered a passive activity by the IRS.

How do you know if income is passive or active? ›

Active income, generally speaking, is generated from tasks linked to your job or career that take up time. Passive income, on the other hand, is income that you can earn with relatively minimal effort, such as renting out a property or earning money from a business without much active participation.

Why can't I deduct my rental property losses? ›

Rental Losses Are Passive Losses

Here's the basic rule about rental losses you need to know: Rental losses are always classified as "passive losses" for tax purposes. This greatly limits your ability to deduct them because passive losses can only be used to offset passive income.

Is Airbnb income passive or active? ›

Whether you are just starting your hosting journey or own several vacation rental properties, a common phrase you'll hear is passive income. Airbnb income becomes passive when the rental agreement is short-term. Passive income is where the money being earned isn't achieved through active participation.

Are capital gains from a passive activity considered passive income? ›

Passive income can come from a variety of sources, such as interest, dividends, rental income, and capital gains. Capital gains and dividends can sometimes be more tax advantageous than the tax rules for earned income.

Can you offset passive losses with active income? ›

Under U.S. tax law, a passive activity is one that produced income or losses that did not involve any material participation by the taxpayer. For example, if you own farmland but rent it out to a farmer who does all the work, you're making passive income. Passive losses cannot be used to offset earned income.

What is the maximum passive loss for rental property? ›

If you actively participated in a passive rental real estate activity, you may be able to deduct up to $25,000 of loss from the activity from your nonpassive income.

How many hours are considered active participation in real estate? ›

A qualifying real estate professional is a taxpayer who performs the majority of services in real property trades or businesses, and who materially participates in real property trades or businesses for more than 750 hours during the year.

What are the passive activity rules? ›

The passive activity loss rules were implemented in 1986, and the purpose was to prevent landlords from using depreciation deductions to create large tax losses that they could then use to deduct against their regular income. The rules accomplish this by creating two buckets of income.

What is the difference between active and passive classroom activities? ›

Active learning requires students to think, discuss, challenge, and analyze information. Passive learning requires learners to absorb, assimilate, consider, and translate information. Active learning encourages conversation and debate, while passive learning encourages active listening and paying attention to detail.

What is the difference between active and passive things? ›

Active sentences are about what people (or things) do, while passive sentences are about what happens to people (or things). The passive voice is formed by using a form of the auxiliary verb “be” (be, am, is, are, was, were, being, been) followed by the past participle of the main verb. He loves me. I am loved.

What is the difference between active and passive exercise? ›

Active exercise is any exercise in which a person must exert force to complete a move. The opposite of active exercise is a passive exercise, in which another person moves the client's extremities to keep muscles from atrophying or better the client's range of motion.

What is active and passive with example? ›

Active voice: She walked my dog home. Passive voice: My dog was walked home by her. Future tense– Active voice: Sheena will do the craft work.

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