ptax255
Level 5

Since I'm getting slightly different answers - what is the IRS definition of transient? Is it strictly # of days rented? Less than 30 days or less than 7?

This is what I could find dated 2007. But what does "generally" mean? What's an example rented less than 30 days but depreciated over 27.5 years?

“Lodging facility” is defined in section 856(d)(9)(D)(ii) as a (l) hotel, (ll) motel, or
(lll) other establishment more than one-half of the dwelling units in which are used on a
transient basis. The term “transient” is not defined in section 856 or the regulations
thereunder. However, for other purposes of the Code, a renter has generally been
treated as “transient” if the rental period is less than 30 days.

https://www.irs.gov/pub/irs-wd/0840028.pdf

Also, this from EY and Airbnb says generally 27.5 years. 

https://assets.airbnb.com/eyguidance/us.pdf

Thank you!

 

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