Code section · 1976

IRC §280A

26 U.S.C. §280A

Internal Revenue Code

What it holds

Limits deductions for a dwelling the owner also uses personally. Personal use over the greater of 14 days or 10% of the fair-rental days makes it a residence. Expenses, including depreciation, are allocated by rental days to total use days. A dwelling rented fewer than 15 days excludes the rent and allows no rental deduction.

Why it matters for your study: Limits deductions, including depreciation, when an owner also uses a rental personally. It is why a study asks for personal-use days on a short-term rental: too many make the property a residence and cap its losses at its rental income.

Category
Passive loss & participation
Applies to
All property types
Status
Vetted

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