Rental Real Estate Tax & Advisory Services
Schedule E, depreciation, 1031 exchanges, and the short-term rental loophole.
Owning rental property offers significant financial benefits, but it also comes with unique tax and accounting challenges. At the Haigler CPA Group, LLC, we specialize in helping real estate investors and property owners maximize their rental income while staying compliant with ever-changing tax laws. Whether you own a single property or a large portfolio, our team of experienced CPAs can provide the expert advice and support you need to navigate the complexities of rental real estate ownership.
Our Rental Real Estate Services Include:
Tax Planning and Compliance
Rental real estate comes with a variety of tax considerations, from depreciation and deductions to passive activity rules. We provide proactive tax planning to ensure you’re taking advantage of all available tax-saving opportunities while remaining compliant with federal, state, and local tax laws.
- Maximizing rental property deductions (interest, repairs, etc.)
- Depreciation strategies for real estate
- Passive loss limitations and exceptions
- Tax implications of short-term rentals (Airbnb, VRBO, etc.)
Tax Return Preparation
Rental property income must be reported accurately to avoid penalties and ensure compliance. We handle the preparation and filing of your real estate tax returns, ensuring that all eligible deductions are claimed and that your returns are filed correctly.
- Schedule E (rental property income) preparation
- Federal and state tax filings
- Real estate tax credits and incentives
- Reporting of rental income and expenses
1031 Exchanges
If you’re selling a rental property and planning to reinvest in another, a 1031 exchange can help you defer capital gains taxes. We guide you through the 1031 exchange process to ensure compliance with IRS rules and to maximize the tax deferral benefits.
- 1031 exchange consulting and planning
- Identification of like-kind properties
- Compliance with IRS deadlines and requirements
- Deferring capital gains taxes through reinvestment
Entity Structuring for Real Estate
The structure of your rental property ownership can have a significant impact on your tax liabilities and legal protections. We provide expert advice on entity selection and structuring, whether it’s more beneficial for you to hold properties as an individual, in an LLC, or through other entities.
- LLCs, partnerships, and S-corp structuring for rental properties
- Legal liability protection and tax benefits
- Entity formation and registration
- Real estate business setup and tax implications
The STR Loophole
The STR loophole (short-term rental loophole) is an IRS-legal tax strategy that allows real estate investors to avoid passive activity loss limitations and potentially offset W-2 or other non-passive income with rental losses — without being a real estate professional. Here’s how it works:
STR Loophole Summary:
Average Stay < 7 Days
Your short-term rental must have an average guest stay of 7 days or less, AND you must materially participate in the rental activity.
- This makes the rental non-passive, even if you’re not a real estate professional under §469(c)(7).
- If the average stay is over 7 days but under 30, additional rules apply (see exceptions), but < 7 days is the cleanest route.
Material Participation
You must meet one of the IRS’s material participation tests, such as:
- 500+ hours of activity in the rental during the year (most common)
- Doing substantially all the work yourself
- 100+ hours and no one else does more than you
Activities that count: communicating with guests, cleaning, repairs, marketing, managing listings, and more.
Why It’s Called a “Loophole”
Typically, rental real estate is passive, and losses can’t offset non-passive income (like W-2 or business income) unless you qualify as a real estate professional. But this rule lets non-REPs take losses as active, due to the unique treatment of certain STRs.
Benefits:
- Deduct depreciation, repairs, mortgage interest, and other expenses.
- Offset high-income W-2 earnings (great for high-income professionals).
- No need to qualify as a real estate professional (REPS rules are strict).
Pitfalls & Audit Risks:
- Proper recordkeeping is critical (track hours!).
- Cleaning services and property managers can disqualify you if they perform more hours than you.
- STRs in HOA-restricted or highly regulated areas can increase scrutiny.
- Depreciation recapture and Section 199A QBI implications should be evaluated carefully.
This is for you if
- You own one rental property or twenty.
- You run a short-term rental and want the loss treatment to hold up.
- You are selling and a 1031 exchange is on the table.
- You are about to buy and want the structure right before closing, not after.
What sits outside this service
- Property management and leasing.
- Cost segregation studies, which are usually performed by specialist engineering firms — we coordinate with them and apply the result.
- Acting as the qualified intermediary on an exchange, which must be an independent party.
Start somewhere else if you need
Common questions
Can I deduct my rental losses against my salary?
Usually not, because rental activity is passive by default and passive losses cannot offset wages. There are exceptions — real estate professional status, and the short-term rental rules explained on this page — and each has strict participation requirements that must be documented as you go, not reconstructed later.
What records do I need to keep for a short-term rental?
Contemporaneous hours. If material participation is what makes your losses usable, the hours log is the evidence, and it needs to be kept during the year. A log written after a notice arrives carries far less weight.
How long do I have to complete a 1031 exchange?
The IRS timeline is strict: replacement property must be identified within 45 days of the sale, and the exchange completed within 180 days. Those deadlines do not flex, which is why the exchange should be planned before the sale closes, not after.
Should I hold rental property in an LLC?
It depends on what you are solving for. An LLC can matter for liability and for how multiple owners hold property; on its own it does not change the federal tax treatment of a single-member rental. It is a structuring conversation, not a default answer.
Next steps
- Schedule a consultationWhat the first conversation covers, and what is worth having to hand.Go
- Real estate investor servicesPassive losses, depreciation, 1031 timing and ownership structure.Go
- Documents to bringA checklist for the first conversation, so the second is about answers.Go
- CPA services in CharlestonThe James Island office, and what South Carolina changes.Go
Talk to a tax expert
Tell us what you are dealing with and we will tell you how we would handle it.