Offset Your Income

What is the STR loophole (7-day average stay) and who qualifies?

The STR loophole is a rule in the passive activity regulations: if the average period of customer use is 7 days or less, the property is not a "rental activity," so its losses are not automatically passive. You then only need to materially participate, not qualify as a real estate professional.

How the 7-day average is calculated

Divide the total number of days guests occupied the property in the year by the number of separate stays. If a property had 120 occupied nights across 30 bookings, the average stay is 4 days.

Who qualifies

You qualify if all of these are true:

  1. The average guest stay for the tax year is 7 days or less.
  2. You or your spouse materially participate in the activity (see our guide to the hour tests).
  3. You keep records that prove both.

What it does not do

FAQ

Can a property manager run everything and I still qualify?

That makes material participation difficult. If a manager does more of the work than you, most hour tests become hard to meet.

Does my spouse's time count?

Yes. For material participation, the hours of both spouses are combined, even if only one spouse owns the property.

What if my average stay goes over 7 days in a year?

Then the activity is treated as a regular rental for that year and the losses are likely passive. Seasonal bookings and monthly stays are the usual cause.

Sources

This site shares one investor's experience and general education. We are not tax, legal, or financial professionals and this content has not been reviewed by one. Tax rules change and depend on your facts. Talk to a qualified professional before acting on anything here.