One of the reasons many investors choose rental properties is that there is more than one way to make the investment work for you. You can collect rental income even while paying off the mortgage. You can sell the property for capital gains. And, under the right circumstances, you can take advantage of strategic tax benefits in between, possibly reducing your tax burden on the income you make to zero.
Now, paying no taxes on rental income is exceptionally difficult without significant strategic planning. However, active real estate investors who meet specific IRS requirements can dramatically reduce their taxable income through depreciation deductions, cost segregation studies, and careful structuring of their rental property holdings.
Eliminating your entire tax burden may be unrealistic for most landlords, but understanding these strategies can help you legally minimize what you owe. In this guide, we will walk you through the best ways to do so – with the help of Keystone CPA Amanda Han, who makes a living helping property investors take home more cash at the end of the fiscal year.
Disclaimer: This article is for informational purposes only and does not constitute tax or legal advice. Always consult with a licensed CPA or attorney before making decisions that affect your taxes or legal obligations.
Understanding rental property taxes and deductions
Before we get into the actual strategies, let's first discuss how exactly rental income is handled by the federal government.
The IRS treats rental income as ordinary income, taxed at your regular rate and reported on Schedule E (Form 1040). Your net rental income, which is total rent minus allowable expenses, gets added to your other income sources. Most landlords, especially in the long-term rental space, face passive activity loss rules that limit their ability to deduct rental losses against W-2 wages or business profits. However, there are plenty of things that landlords of all shapes and sizes can deduct.
Are property taxes deductible?
Yes, property taxes are fully deductible as a rental expense. Unlike homeowners who must itemize and face the $10,000 cap, landlords can deduct the full amount of property taxes paid on rental properties as an ordinary business expense on Schedule E.
Standard deductions for rental properties
All landlords can deduct ordinary and necessary expenses. According to the IRS guidelines on rental real estate, these include mortgage interest, property taxes, insurance premiums, repairs and maintenance, property management fees, utilities, advertising, legal fees, travel expenses, and depreciation.
While these standard deductions reduce taxable rental income, they typically don't eliminate tax liability. That's where advanced strategies come in.
The short-term rental loophole: your best path to major tax savings
The short-term rental loophole represents the most accessible strategy for real estate investors to offset W-2 income and other active earnings with rental property losses. This strategy doesn't require you to become a full-time real estate professional.
How the short-term rental tax strategy works
Multiple things are colloquially referred to as the "short-term rental loophole." For our purposes, the loophole we care about is that if you meet certain requirements for your short-term rental – more on that later – it qualifies as a business, not passive income. That leads to significantly more tax benefits.
"The concept is anyone, be a high-income earner, full-time real estate person, or someone who just does real estate as a side hustle, can buy a short-term rental, then meet material participation hours," Amanda Han says. "Once they do, they can do a cost segregation which will help you to accelerate depreciation, and the whole concept is creating these paper losses to offset taxes not just from the rental income but also from the W-2 or other businesses that you might own as well."
The IRS treats short-term rentals differently from traditional long-term rentals. When your property meets specific criteria, it's classified as a trade or business rather than a passive rental activity, allowing losses to offset your active income including wages and business profits.
The 7-day rule and material participation requirements
To qualify for the short-term rental loophole, you must meet two critical requirements:
- Average stay of 7 days or less: Calculate this by dividing total rental days by the number of rentals during the year. According to IRS Publication 925, if the average customer use period is 7 days or less, the activity is not considered a rental activity for passive activity purposes.
- Material participation: You must be actively involved in day-to-day operations. Most short-term rental owners meet one of these tests:
- The 500-hour test: You spend more than 500 hours during the year on rental activities, including guest communications, cleaning coordination, maintenance, marketing, and property management
- The 100-hour test: You spend more than 100 hours on the activity AND no one else (including contractors and cleaners) spends more time than you do
Han describes it simply: "It just means like being hands-on, being involved in the day-to-day operations of real estate short-term rentals specifically."
The IRS scrutinizes material participation claims heavily. Maintain detailed, contemporaneous records documenting specific tasks performed, dates, duration, contractor hours, and property-related travel time. Use property management software, calendars, and time logs to substantiate your hours.
Cost segregation studies and bonus depreciation
Once your short-term rental qualifies for non-passive treatment, maximize depreciation through a cost segregation study. This engineering-based analysis identifies property components eligible for accelerated depreciation. Instead of depreciating your entire building over 27.5 years (standard for residential property, which includes short-term rentals), the study reclassifies components into shorter periods:
- 5-year property: Appliances, carpeting, furniture, window treatments
- 7-year property: Office furniture and equipment
- 15-year property: Landscaping, fencing, driveways
- 27.5-year property: Building structure
A typical study identifies 20-30% of a property's basis for acceleration. For a $500,000 property, that's $100,000 to $150,000 in assets eligible for immediate deduction through bonus depreciation. In short, rather than depreciating an asset over the allotted window by the IRS, bonus depreciation allows the entire cost of the upgrade to be deducted in year one.
The One Big Beautiful Bill, signed in 2025, reinstated 100% bonus depreciation for assets placed in service after January 19, 2025. You can immediately deduct the full cost of all 5-, 7-, and 15-year property identified in your cost segregation study. The full building structure does not qualify for bonus depreciation, so it must be deducted in the form of a smaller upgrade.
For short-term rental investors who materially participate, this creates massive first-year deductions. A $400,000 short-term rental with a cost segregation study might generate $120,000 in bonus depreciation deductions in year one, offsetting W-2 income or business profits.
Example: software engineer earning $200,000
A software engineer earning $200,000 in W-2 income purchases a $500,000 short-term rental:
- Average guest stay of 6 days (qualifies under 7-day rule)
- Spends 520 hours managing the property
- Cost segregation identifies $150,000 in assets eligible for bonus depreciation
- Property generates a $140,000 tax loss in year one
- This $140,000 loss offsets W-2 income
- At a 35% effective tax rate, creates roughly $49,000 in tax savings
Long-term and midterm rental strategies: real estate professional status
For landlords with traditional long-term rentals or midterm furnished rentals, qualifying as a real estate professional unlocks similar tax benefits.
Real estate professional requirements
According to IRS Publication 925, you must meet both tests each year:
- The 750-hour test: Perform more than 750 hours in real property trades or businesses in which you materially participate (development, construction, management, leasing, or brokerage).
- The 50% test: More than half your personal services in all trades or businesses must be in real property trades or businesses where you materially participate.
Han explains: "A person has to have more time in real estate than their non-real estate job to be a real estate professional. So it works really well for someone who is a realtor, broker, property manager, or if it's someone working full-time outside of real estate, then it's what we call the marriage tax hack where ideally they have a spouse who can do real estate full-time."
For married couples, only one spouse needs to qualify, but you cannot combine hours. Each spouse's hours count separately.
Income thresholds for long-term rentals
It bears repeating that this is specific to short-term rentals, not long-term. There is no way to meet the material participation requirements when guest turnover happens only once a year. Additionally, the average stay of 7 days or less, by definition, cannot be met in an LTR.
That said, long-term rentals do have some sneaky tax benefits for certain landlords.
"If the couple earns $100,000 or less, then they can use up to $25,000 of long-term and midterm rental losses against W-2 and other income," Han explains. "If their income is between $100,000 and $150,000, they can still use up to $25,000 to offset W-2. If they make over $150,000, then you can no longer use rental losses against W-2 and other income unless you or your spouse is a real estate professional."
This $25,000 special allowance applies only if you "actively participate" in the rental activity, a lower standard than material participation. Active participation just means you make management decisions, including approving tenants and setting rental terms, and you own at least 10 percent of the property. You can still use a property manager for day-to-day tasks.
Above $150,000 modified adjusted gross income, real estate professional status becomes the only path to deducting rental losses against non-passive income.
Material participation and grouping elections
Even after qualifying as a real estate professional, you must materially participate in each rental activity. The IRS treats each property as separate unless you make a grouping election.
The grouping election under Treasury Regulation 1.469-9(g) allows you to treat all rental real estate as a single activity for material participation purposes. Once grouped, you only need to materially participate in the combined rental activity, typically by meeting the 500-hour test across all properties.
LLC versus S corporation for rental properties
Many landlords hold rental properties in an LLC or choose to have the entity taxed as an S-corporation, depending on their tax strategy and liability considerations. Sometimes the two are even confused, though they are very different.
An LLC (limited liability company) is an official legal business structure, ultimately designed to shield the owner from liability. An S-corp, on the other hand, is a tax election for a business, designed for earned income and payroll.
Generally, there isn't any difference in how income is taxed if you put your rental property into an LLC. And generally, putting a rental property into an S-corp isn't a good idea, according to Han.
"We do not ever recommend S corporations for rental real estate, regardless of whether it's long-term, short-term, or midterm," Han says. "That's actually a common misconception and a big error made by other CPAs. The reason is because whenever we hold rental real estate in an S corporation, it limits our ability to use tax benefits if there is debt on the property. And of course, with most real estate, there's usually debt."
The technical issue relates to basis limitations in S corporations. When an S corporation has debt, that debt doesn't increase shareholders' basis the way partnership debt does. Without sufficient basis, you cannot deduct losses.
"We usually recommend LLCs," Han explains. "Whether they own the properties individually or through an LLC or through a partnership, it does not matter for tax purposes. The entities really are for asset protection, but we want them to personally meet those hours for material participation."
LLCs provide flexibility for distributions, refinancing, and maintain the step-up in basis at death that eliminates depreciation recapture for your heirs.
State-specific considerations
Tax strategies vary based on where your properties are located and where you live.
It's important for investors to know that even if your property is in another state, you still have to file in the state you live in. Typically, regardless of where the properties are, you usually report the income in the investor's home state.
"I live in California and I invest in Nevada, I'm still reporting that Nevada property on my California taxes," Han says. "Tax reporting first and foremost goes by the state where the investor resides, and then secondly also reporting in the state where the property is."
You'll typically file returns in multiple states: your resident state reports all income, and the property's state requires a non-resident return. You'll receive a tax credit on your resident return for taxes paid to the non-resident state.
Additionally, each state has different fees and laws for reporting inome and setting up entities. California, for example, requires all LLCs doing business in the state to pay an $800 annual franchise tax, regardless of income. Additionally, California LLCs with gross receipts exceeding $250,000 pay an LLC fee on top of the $800 franchise tax, ranging from $900 to $11,790 depending on revenue.
Texas also has franchise tax, although "much less than, a lot lower than, California," Han notes. The franchise tax applies to most Texas LLCs, but includes a "no tax due" threshold. LLCs with total revenue under $2.47 million owe no Texas franchise tax. Texas also doesn't have a state income tax, making it attractive for real estate investors.
Professional guidance and key takeaways
Amanda Han emphasizes early engagement: "If you're someone who invests in real estate, make sure that you meet with your tax person early on during the year so you can pre-plan the different types of investments, where you want to invest, what kind of properties – long-term, short-term, midterm – to make sure it's in line with the best way to optimize your tax savings."
Key strategies for minimizing rental property taxes:
- Short-term rentals offer the most accessible path to offset active income through material participation and accelerated depreciation
- Real estate professional status allows long-term rental investors to deduct losses against non-passive income but requires significant time commitment
- Cost segregation studies combined with 100% bonus depreciation create substantial first-year deductions
- LLCs provide flexibility and preserve tax benefits, while S corporations create problems for rental property investors
- State-specific rules in California and Texas significantly impact LLC economics
- Proactive planning with a qualified real estate CPA is essential
While paying truly zero taxes on rental income is difficult, strategic investors can eliminate current-year tax liability through depreciation deductions, offset rental income with operational expenses and cost segregation, and use rental losses to reduce taxes on W-2 income when qualified. Remember that depreciation creates future tax liability through recapture when you sell, taxed at a maximum 25% rate.
The question isn't just "how can I pay no taxes on rental income" but rather "how can I strategically structure my investments to maximize after-tax returns while remaining compliant with IRS requirements." With proper planning, documentation, and professional guidance, real estate investors can dramatically reduce their tax burden and improve cash flow from rental properties.
For comprehensive landlord insurance that protects your investment properties while you optimize your tax strategy, get a quote from Steadily today.
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