06/17/2026
Short-term rentals have become one of the most powerful tax planning tools available to S corporation owners.
Most CPAs will tell you rental real estate is passive. And for long-term rentals, they're right. But short-term rentals β defined by the IRS as properties with an average customer stay of 7 days or less β are excluded from the passive activity loss rules under Treasury Regulation 1.469-1T(e)(3)(ii).
That one regulatory provision is worth understanding deeply.
Here's what it means in practice:
If you own a short-term rental, materially participate in it, and your average guest stay is 7 days or less, the losses that property generates β including large first-year depreciation from a cost segregation study β can offset your active S corporation income.
The math on a $1M property looks like this:
β Cost segregation identifies ~30% as 5/7/15-year property: $300,000
β 100% bonus depreciation (restored under the One Big Beautiful Bill Act): $300,000 deduction
β Federal marginal rate of 37%: ~$111,000 in year-one tax savings
You don't need real estate professional status. You don't need 750+ hours in real estate. You need roughly 100 documented hours per year and the right operational structure.
The structure also matters as much as the tax mechanics:
β The property should not be held inside your S corporation (exit problems, deemed sale risk)
β Services offered to guests must stay on the property side, not the hotel-hospitality side
β Material participation must be documented contemporaneously β not reconstructed at tax time
β The planning conversation happens before you close, not after
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