Skip to main content
Level 2
April 8, 2023
Solved

NIIT on gain from sale of short-term rental?

  • April 8, 2023
  • 1 reply
  • 17 views

Client sold a short-term Airbnb rental at a gain.  Question: Is that subject to NIIT? Some research indicates they need active participation (in addition to being short-term) to avoid being subject to NIIT. 

And some research indicates that simply by being short-term it is not passive and not subject to NIIT.

The property was reported on Schedule E in 2021 and sold Jan 2022. 
Average 2021 rental period was less than 7 days but the property is out of state and the taxpayer was not involved in management.  Cleaning and management was provided by a local realtor. 

This topic has been closed for replies.
Best answer by Camp1040

You have made a great case for passive income, all the info points to be subject to NIIT.

1 reply

Camp1040
Camp1040Answer
Level 10
April 8, 2023

You have made a great case for passive income, all the info points to be subject to NIIT.

Level 2
April 11, 2023
Thanks!