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Level 2
March 20, 2026
New

short term rental on K-1

Related products:ProSeries
  • March 20, 2026
  • 4 replies
  • 7 views

Short term rentals loophole tests:

1. Spend 100 hours and more than anyone else

2. The property needs to be renter for an average of 7 days or less during the year

 

Meeting this criteria, the rental losses are changed from passive to non-passive. 

The software does not have a box to check on the K-1 input for partnerships to change the nature of the losses from passive to non-passive.

4 replies

sjrcpa
Level 15
March 20, 2026

Shouldn't that have been taken care of by the partnership on the 1065 when it issued the K-1s?

The more I know the more I don’t know.
taxmanjcsAuthor
Level 2
March 20, 2026

No, that's taken care on the personal return since not every partner meets the criteria of the short term rental. 

sjrcpa
Level 15
March 21, 2026

How about indicating the K-1 is not passive? There has to be a way.

Plenty of people get K-1s that are not from passive activities. Think a law firm partner, for example.

The more I know the more I don’t know.
Level 15
March 21, 2026

@taxmanjcs wrote:

Short term rentals loophole tests:

1. Spend 100 hours and more than anyone else

The software does not have a box to check on the K-1 input for partnerships to change the nature of the losses from passive to non-passive.


 

It is not a "loophole"; it is intentionally how the Regulation was written.

It is for Material Participation of a short-term rental; you listed just one circumstance that results in Material Participation. 

Yes, it would be nice if there was a checkbox, but just enter it in Box 1 of the K-1 worksheet (as well as the Material Participation checkbox).