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I'm dealing with a similar situation with my vacation rental and this thread has been incredibly helpful! Based on what I'm reading, it sounds like the key is first determining whether your property falls under the 7-day rule (making it a business activity) or if it's a traditional rental activity. For traditional rental activities with longer average stays, the active vs passive participation distinction matters a lot for the $25,000 loss allowance. But for short-term rentals with average stays of 7 days or less, you're looking at material participation tests instead since it's considered a business activity. One question I still have - if you have multiple short-term rental properties, do you evaluate the participation tests for each property individually, or can you combine your activities across all properties? I manage three different Airbnb units and I'm not sure if my management time gets pooled together or evaluated separately for each property.
Great question about multiple properties! From what I understand, if you have multiple short-term rental properties that are all considered business activities (under the 7-day rule), you can generally group them together as one activity for material participation purposes. This means your management hours across all three Airbnb units would be combined when applying the material participation tests. However, there are some specific rules about what constitutes an "appropriate economic unit" for grouping rental activities together. Generally, properties in the same geographic area or managed in a similar way can be grouped. Since you're managing all three as Airbnbs, they would likely qualify for grouping. This is actually beneficial because it means if you spend 100+ hours total managing all three properties combined, you might meet the material participation test even if you don't spend that much time on any single property. You should definitely confirm this with a tax professional though, as the grouping rules can get complex depending on your specific situation.
This is such a helpful discussion! I'm in a similar boat with my mountain cabin rental and the distinction between active vs passive participation has been driving me nuts too. What really helped me was tracking all my management activities in detail - even the time spent reviewing financial reports, approving repairs, and communicating with the property management company. I realized I was doing way more "active participation" work than I initially thought. One thing I learned the hard way is that the average rental period calculation is crucial. My cabin has some week-long rentals mixed with weekend stays, so I had to carefully calculate the average to determine if the 7-day rule applied. It turned out my average was 8 days, so I stayed in the traditional rental activity category where active participation mattered for the $25k loss allowance. The income phase-out is also something to watch carefully - if you're close to that $100k-$150k range, it might be worth timing some income or deductions to maximize your rental loss deduction eligibility.
This is really helpful, especially the point about tracking activities in detail! I'm curious about the average rental period calculation - how exactly did you calculate that? Do you count each individual booking separately, or is there a specific method the IRS requires? I have a mix of 2-night weekend stays and some longer 10-14 day bookings, and I'm not sure if I should be doing a simple average of all booking lengths or if it needs to be weighted by revenue or something else. Getting this calculation right seems critical for determining which rules apply to my situation. Also, great point about timing income around that phase-out range - I hadn't considered that strategy but it makes a lot of sense if you're right on the border.
I'm confused about one thing - if the apartment is outside the US, don't you have to report it on FBAR and Form 8938 regardless of whether it's rental or personal? My accountant told me all foreign properties need to be disclosed even if they don't generate income.
Foreign property itself isn't reportable on FBAR or 8938 - those forms are for foreign financial accounts and assets. You'd only report the foreign bank account used to receive rental income or pay expenses. The property itself is reported on Schedule E if it's a rental or not at all if it's personal. The foreign rental income would be reported on your tax return regardless of whether it's held in a foreign account or not. But the FBAR/8938 reporting is about the accounts, not the property.
That's actually a good point I hadn't considered. I do have a foreign bank account I use for collecting the maintenance fees and paying property expenses. I'll need to make sure I'm reporting that correctly. Thanks for bringing this up!
This is a really complex situation that highlights how confusing tax software can be with edge cases. You're absolutely right that TurboTax should have caught this - when you entered "0" for both fair rental days and personal use days, that's mathematically impossible since the property exists somewhere for 365 days. Based on what others have explained here, it sounds like you need to go back and correct your filing. You should enter 365 days for personal use (since below-market rentals to friends/family are considered personal use), which would take you out of the Schedule E rental property track entirely. The good news is that if your maintenance fees are less than your property taxes, you likely don't need to report any income at all. But you should definitely get professional help or use one of the tools mentioned here to make sure you're handling the foreign aspects correctly - there are additional considerations for foreign properties that go beyond just the rental vs. personal determination. Don't feel bad about the confusion - this is one of those areas where the tax code is genuinely unclear and even tax professionals sometimes get it wrong!
This is such a helpful summary of everything discussed here! I'm definitely going to need to amend my return. One question though - when I go back to correct this in TurboTax, should I completely start over with the rental property section, or is there a way to edit it to change from 0/0 days to 365 personal use days? I'm worried about messing up other parts of my return if I have to delete and restart that whole section. Also, does anyone know if there are penalties for having filed this incorrectly initially? I'm not trying to avoid taxes - I actually reported a loss that I apparently shouldn't have been able to claim anyway. Just want to make sure I handle the correction properly.
Great question about LLC conversions! I've handled several similar situations and wanted to add a few practical considerations: Regarding your timing question - the 12/31/24 effective date approach is definitely the cleaner route administratively. You're right that it avoids the complexity of short-year returns, and since your partner has 0% allocation anyway, there's no meaningful tax difference between the dates. One thing to watch out for: make sure your operating agreement doesn't have any specific termination procedures that need to be followed when a member exits. Some agreements require formal notice periods or buyout procedures, even for members with minimal stakes. Also, consider having the exiting partner sign a release agreement as part of the conversion process. Even though they have no financial stake, this protects against future claims and provides clean documentation for your records. For the Airbnb property specifically - verify that the property deed and any related financing documents won't need updates when the LLC converts to single-member. Some lenders have clauses about ownership changes that could be triggered. The conversion process itself is usually straightforward, but the documentation cleanup often takes longer than expected. Start gathering all your LLC formation documents, operating agreements, and any amendments now so you're ready when you file the 8832.
This is really helpful advice, especially about checking the operating agreement for termination procedures! I hadn't thought about potential lender notification requirements for the Airbnb property either. One question - when you mention having the exiting partner sign a release agreement, what specific language should that include? I want to make sure we cover all the bases since this partner technically had membership rights even without financial stake. Also, do you know if there are any specific IRS forms or schedules that need to be filed alongside the 8832 for this type of conversion, or is the 8832 sufficient on its own?
For the release agreement, you'll want to include language where the exiting partner waives any claims to LLC assets, profits, distributions, or management rights. Key provisions should cover: (1) acknowledgment they're voluntarily withdrawing membership, (2) confirmation they have no ownership interest in LLC assets including the Airbnb property, (3) release of any future claims against the LLC or remaining member, and (4) agreement not to compete or interfere with LLC business operations. Regarding IRS forms, the Form 8832 is typically sufficient for the entity classification change. However, you may also want to file Form 8832 with "SUPERCEDING ELECTION" checked if there was any prior entity election. The final partnership return (Form 1065) should indicate it's a final return, and then the SMLLC income gets reported on the owner's Schedule C or E depending on the activity type. One additional tip - consider timing the conversion after any major Airbnb bookings or seasonal peaks to avoid complications with guest contracts or platform agreements during the transition period.
I've been through a similar conversion process and wanted to share some additional insights based on my experience: For your Form 8832 timing question, I'd actually lean toward the 12/31/24 effective date as well. The administrative simplicity of avoiding short-year returns usually outweighs any minor benefits of an earlier conversion date, especially when the partner has 0% allocation anyway. One thing I learned the hard way - make sure to update your EIN situation properly. When you convert to SMLLC, you'll generally keep the same EIN, but some banks and vendors get confused about the entity status change. I recommend sending updated W-9s to all your business contacts after the conversion to avoid 1099 reporting issues. Regarding the retroactive ownership agreement in point #3 - I'd strongly advise against this approach. Instead, consider having the partner execute a formal assignment of their membership interest (even if valued at $0) to your client with current dating. This maintains the integrity of your historical records while achieving the same practical result. Also, don't forget about your state's annual report requirements. Some states require you to file an amendment or updated report when membership changes, even for conversions like this. The penalties for missing these filings can be surprisingly steep. Have you considered whether any business licenses or permits might need updating after the conversion? Some licensing authorities treat SMLLC differently than partnerships, especially for rental properties.
Great point about the EIN and W-9 updates! I hadn't considered the potential 1099 reporting complications that could arise from the entity status change. That's definitely something I'll need to stay on top of. Your suggestion about the formal assignment of membership interest instead of a retroactive agreement makes a lot of sense from a documentation integrity standpoint. It achieves the same end result while maintaining a clear paper trail that won't raise red flags. The licensing question is particularly relevant since this involves an Airbnb property. I'll need to check with the local jurisdiction to see if there are any short-term rental licensing requirements that might be affected by the LLC conversion. Some cities have gotten pretty strict about these permits lately. One follow-up question - when you updated your W-9s with vendors and banks, did you encounter any resistance or requests for additional documentation to verify the entity change? I'm trying to anticipate any potential roadblocks in that process.
Has anyone used the corporate credit card approach? My accountant suggested getting a separate credit card for my S-Corp, putting all client-reimbursable expenses on that card, and then recording the reimbursements as direct payments against those specific expenses in my accounting software rather than as income.
I do exactly this! QuickBooks has a feature specifically for client reimbursable expenses where you can tag expenses as "billable to client" and then when you create the invoice, it adds them automatically. When the client pays, it closes the loop without ever hitting your income statement. Works perfectly with a dedicated company card.
This thread has been incredibly helpful! I'm in a similar situation as the original poster - just converted to S-Corp this year and have been struggling with how to handle client meal reimbursements properly. One thing I wanted to add that might help others: make sure you're keeping contemporaneous records of the business purpose for each meal. The IRS requires documentation of who you met with, what business was discussed, and the specific business relationship. Even with client reimbursement, you still need this documentation to support that it was a legitimate business expense in the first place. I learned this the hard way when my previous accountant told me I just needed receipts, but during a review, I realized I was missing the business purpose documentation for about half my meals. Had to go back through old calendars and emails to reconstruct what each meal was for. Now I write the business purpose right on the receipt when I get it, or immediately add it to my expense tracking app. Also, for anyone using the separate credit card approach that @Zoe mentioned - make sure that card is officially in your S-Corp's name, not just a personal card you designate for business use. The legal separation is important for maintaining your corporate protections.
This is exactly the kind of detailed advice I wish I had when I first switched to S-Corp! The contemporaneous records point is so important. I've been sloppy about documenting the business purpose and just realized I could be in trouble if audited. Quick question - when you write the business purpose on the receipt, do you include client names or keep it more general for privacy reasons? Also, what expense tracking app do you recommend that makes it easy to add this kind of detail on the go? Thanks for the tip about the corporate credit card too. I've been using a personal card that I only use for business - sounds like I need to get a proper corporate card in the S-Corp's name.
Mateo Rodriguez
For missing records, you might also want to check if your company had a transfer agent that kept historical records. Many older stocks were managed by companies like Computershare or AST Financial Services, and they sometimes have records going back decades. If you can establish the original number of shares and approximate purchase date, you can work backwards through all the corporate actions (splits, spinoffs, etc.) to determine what you should have today. The key is documenting your methodology in case the IRS ever questions it. I had a similar situation with some old utility stocks from the 80s where I'd lost the original paperwork. I was able to reconstruct the cost basis by finding the stock's historical prices and applying all the subsequent splits and dividend reinvestments. It took some detective work, but it's definitely doable with patience.
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Elijah Knight
ā¢That's really helpful advice about transfer agents! I'm dealing with a similar situation with some old AT&T shares from the 1980s that went through all those Baby Bell spinoffs. Do you know if there's a centralized database or website where you can look up which transfer agent handled specific companies during different time periods? It seems like companies switched transfer agents pretty frequently back then.
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LunarLegend
I went through something very similar with my old Coca-Cola shares that I inherited and had in DRIP for years. The key thing to remember is that each DRIP purchase creates a separate tax lot with its own cost basis and purchase date, even if it's just buying a fraction of a share. For record-keeping, I'd strongly recommend creating a spreadsheet that tracks each purchase (including reinvested dividends) with the date, number of shares purchased, and price per share. Then apply any stock splits chronologically to adjust both the share count and cost basis per share for each lot. When you sell using FIFO, you're correct that you'd start with your oldest shares first. So yes, your original gifted share (now 4 shares after the splits) would be sold first, then move chronologically through your DRIP purchases. One thing to watch out for: make sure you're accounting for any dividend reinvestments that happened between the stock splits, as those would have their own purchase dates and would also be subject to the split adjustments. It can get complex quickly, but the principle remains the same - oldest shares out first under FIFO.
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Abigail Patel
ā¢This is exactly the kind of detailed breakdown I needed! The spreadsheet approach makes so much sense. I've been trying to do this all in my head and getting confused. One quick question - when you say "apply any stock splits chronologically," do you mean I should adjust the cost basis for ALL previous lots every time there's a split, or just the ones that existed before that specific split date? I want to make sure I'm not double-adjusting anything.
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