- Home
- /
- News
- /
- November 2025
- /
- What Is the Short-Term Rental Loophole?
What Is the Short-Term Rental Loophole?
Summary
This article discusses the "short-term rental loophole," a tax strategy allowing hosts to use losses from short-term rentals to offset active income if certain conditions are met, such as average stays of seven days or less and material participation in managing the property. Hosts should carefully track their hours and activities and consult with a CPA experienced in STR tax strategies to take advantage of this potential tax benefit while staying compliant.
Key Insights
- •The short-term rental loophole allows investors to use losses from their short-term rental properties to offset their active (W-2 or 1099) income.
- •If the average guest stay is seven days or less, the IRS treats the property as a business, not a rental activity, opening the door to tax advantages.
Action Items
- ✓Track your hours and activities carefully to meet the material participation requirement.Effort: mediumImpact: medium
- ✓Consult with a qualified CPA experienced in short-term rental tax strategies to ensure proper documentation and compliance.Effort: mediumImpact: high
Tools & Resources
- →CPA: Work with a qualified CPA experienced in short-term rental tax strategies.
Common Mistakes
- ⚠Hiring a property manager typically disqualifies you from meeting the material participation requirement.
More from Regulations & Compliance
Carson City, Nevada, is refining its short-term rental regulations. City supervisors are currently reviewing and modifying the local ordinance during a retreat. This review aims to address operational aspects, potentially impacting local hosts through new or revised rules, emphasizing compliance.
A 21-unit vacation rental in Dunedin, Florida, has been approved, signaling potential growth in the local short-term rental market. This approval could lead to increased accommodation options for tourists visiting the area. This news could also influence local regulations.
St. Louis aldermen have approved a short-term rental fee, though a legal battle over existing rules continues. This indicates a focus on regulating the STR market within the city. Hosts in St. Louis should be aware of these new fees, which may impact their profitability. Find out how this affects your STR business.
Curated by Learn STR by GoStudioM


