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Former IRS employee here. The Schedule C vs. Schedule E question for short-term rentals is one of the most frequently misunderstood areas of tax law, even among professionals. Here's a simplified way to think about it: - Schedule C = You're running a service business (like a hotel) - Schedule E = You're renting property (passive income) The key factors the IRS looks at: 1. Average length of stay (under 7 days leans toward C) 2. Services provided (more services = more like C) 3. Who performs the services (you doing everything = more like C) Substantial services would include: daily cleaning, meal service, concierge, transportation, tours, etc. Basic services that DON'T trigger Schedule C include: furnishing the property, utilities, trash, standard maintenance. Your CPA isn't automatically right just because they're a CPA. Get a second opinion or request they provide the specific tax code section supporting their position.
Thank you so much for this breakdown! This is exactly my situation - I provide the furnished space, basic amenities, and occasionally coordinate cleanings between guests, but nothing like daily housekeeping or meal service. If I decide to push back with my current CPA or find a new one, are there specific tax code sections or IRS publications I should reference to support the Schedule E position?
The primary reference you want is IRC Section 469 and the related regulations that define "rental activity" versus "business activity." Also useful is IRS Publication 527 (Residential Rental Property) which discusses this distinction. For your specific situation, Revenue Procedure 2019-38 is particularly relevant as it provides a safe harbor for treating certain rental real estate enterprises as a business for the qualified business income deduction - but notably, this doesn't automatically make it subject to self-employment tax. The Tax Court has consistently held that providing basic amenities like furniture, utilities, and occasional cleaning between tenants doesn't rise to the level of "substantial services" that would trigger Schedule C treatment. The case Curphey v. Commissioner is often cited in these situations.
Has anyone considered that both could be right depending on how the business is structured? I have a similar short-term rental and my tax guy initially wanted to put it on Schedule C, but after discussing my involvement level, we ended up splitting it. The rental income itself goes on Schedule E, but we set up a separate "property management" business on Schedule C for the service portion. Since the actual service component is pretty minimal (just coordination and occasional guest interaction), the Schedule C portion is small and so is the SE tax hit. Might be worth discussing this hybrid approach with your CPA as a compromise position?
This is actually a really smart approach I hadn't considered. How exactly did you determine what percentage goes where? Is it based on time spent on services vs. just providing the property?
Pro tip for calculating amendments: You can download Publication 17 for 2023 from the IRS website which has all the tax tables. Mortgage interest goes on Schedule A. Make sure to check if your total itemized deductions (including mortgage interest, property taxes, state taxes up to $10k, charitable donations) exceed your standard deduction. For mortgage interest, you should have received a Form 1098 from your lender showing the exact amount of interest paid - you'll need to include this with your amendment.
I filed through a CPA but want to check their work before asking them to amend. Does the interest paid on a home equity loan also count as mortgage interest for tax purposes? I know there used to be some difference.
Home equity loan interest is deductible only if the loan was used to buy, build, or substantially improve the home that secures the loan. If you used the money for other purposes (like paying off credit cards or student loans), the interest isn't deductible anymore. This changed with the 2017 tax law. Also, there's a limit on total mortgage debt for interest deductions - you can only deduct interest on the first $750,000 of mortgage debt ($375,000 if married filing separately) for loans taken out after December 15, 2017. For older mortgages, the limit is $1 million.
Has anyone actually tried the IRS's "What If" calculator thing? I saw something about it on their website but couldn't figure out how to use it for amended returns.
The IRS Tax Withholding Estimator is just for calculating paycheck withholding, not for figuring out amended returns. It's really confusing how few official calculators the IRS actually offers! I ended up just using FreeTaxUSA to recalculate - you can enter all your info there for free and it shows you the result without paying unless you actually file.
7 Everyone's talking about the registration fees, but don't forget about depreciation! If you used the car for business purposes at all during those 5 years and claimed depreciation deductions, you'll need to factor that into your basis calculation too. This is called "depreciation recapture" and it can significantly affect how much of your profit is taxable.
14 What if I didn't officially claim the car for business use but I did use it sometimes for side gig deliveries? Do I still need to worry about this depreciation thing?
7 If you never claimed the car as a business expense on your tax returns, then you don't have to worry about depreciation recapture. The concern only applies if you took actual tax deductions for business use of the vehicle in prior years. However, if you did use it for your side gig but never claimed the deductions you were entitled to, that's a different issue - you missed out on potential tax savings in previous years, but it won't affect how you report the sale now. You'd simply use your original purchase price as your basis (minus any depreciation you actually claimed on tax returns, which in your case sounds like zero).
2 Just wondering, is there a minimum profit amount before you have to report a car sale? I sold my old Honda for only $250 more than I paid for it after driving it for 3 years. Seems silly to have to report such a small gain.
Don't forget that if you owe state taxes, the rules for discharge in bankruptcy can be different than federal taxes. Each state has their own rules about how bankruptcy affects tax debts. For example, in some states, sales tax liabilities are NEVER dischargeable, even in bankruptcy. Make sure your bankruptcy attorney is familiar with your state's specific rules.
I hadn't even thought about state taxes! I'm in California - do you know if their rules are similar to the federal ones for discharge?
California generally follows similar rules to the federal discharge rules for income taxes, but there are some important differences. California has its own timing requirements, and certain types of California tax debts (like sales tax if you had a business) are never dischargeable. The key with California is making sure all required tax returns have been filed with the state before bankruptcy. California can be particularly aggressive with tax collection after bankruptcy if they determine any taxes weren't properly discharged. I'd definitely recommend discussing your specific California tax situation with your bankruptcy attorney, as state-specific issues can sometimes be overlooked.
Another thing to consider is that your tax filing status might change after bankruptcy. If you're married and only one spouse files for bankruptcy, that can create complications for future tax returns. My wife filed for bankruptcy last year but I didn't, and our tax situation got super complicated.
How did you handle filing taxes after that? Did you have to file separately or could you still file jointly? We're in a similar situation.
Connor Murphy
For what it's worth, I've been a dog trainer receiving 1099s for 5 years. The classification of "actively involved" is basically asking if you personally do the work that generates the income. Since you physically bathe and groom dogs, you're actively involved. It's different from passive income like if you owned a grooming salon but hired others to do all the actual grooming work - then you might not be "actively involved" in the same way. One tip: start keeping track of ALL your expenses related to this work. Special clothing you only wear for grooming, tools you purchase, products you buy, even a portion of your phone bill if you use it to communicate with the owner about scheduling. These can add up to significant deductions!
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Giovanni Colombo
ā¢Thanks for the explanation and tips! I've actually started tracking my expenses already - I bought some special non-slip shoes just for work and my own grooming scissors. Should I be saving receipts for everything? And do I need to formally register as a business or anything since I'm technically "self-employed"?
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Connor Murphy
ā¢Yes, absolutely save receipts for everything work-related! Digital copies work too - I take photos of receipts with my phone and organize them in a folder. For larger purchases like equipment, keep the original receipt if possible. You don't necessarily need to formally register as a business for tax purposes - filing Schedule C with your personal tax return is sufficient for a sole proprietorship, which is what you are by default. However, some localities require business licenses even for independent contractors, so check your city/county requirements. It's usually a simple form and small fee if needed. Some groomers also get liability insurance to protect themselves - might be worth considering as your work increases.
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Yara Sayegh
I messed up on this exact question last year! I said "no" to "actively involved" because like you, I didn't think of myself as having my own business (I do house cleaning on 1099). My return got flagged for review and I ended up having to file an amended return. The IRS considers 1099 workers to be self-employed business owners, even if it's just you providing a service to one company. "Actively involved" just means you personally do the work that earns the money, as opposed to passive income from investments or something. Check "yes" and save yourself a headache!
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NebulaNova
ā¢Did you end up owing more taxes when you had to amend? I'm worried because I think I might have answered this wrong too on my last return for my pet sitting business.
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