TaxGuyBill
Level 15

@Ruth1 wrote:

Its just Covid that made the rental less than this past year.


If you are preparing the 2019 tax return, COVID has nothing to do with it.  ๐Ÿ™‚

Sorry for tangent, but now back to your original question:

 


@Ruth1 wrote:

I input the property as with personal days of 42 and rental days of 7 and am wondering why I am getting the full loss from the SCH E plus carryovers. 

Why is the software calculating the full loss plus C/O and allowing it on SCH 1?


 

The high personal use changes the classification to a non-passive activity.  If personal use was over the greater of 14 days or 10% of the rental days, it is considered as a "residence" and triggers it to be non-passive.  That is why it is allowing the current year losses.

As for the previous year losses, let's take a step back.  Are the carryover "Vacation Home" carryovers (which happens if it is a "residence" of the taxpayer, see previous paragraph) or, are they Passive Loss Carryovers (which happens when the home is NOT considered a "residence" by the taxpayer).  Can you clarify the situation?  

 

Back to my original comment that it should not be treated as a rental at all:  Section 280A(g):

 

(g) Special rule for certain rental use

Notwithstanding any other provision of this section or section 183, if a dwelling unit is used during the taxable year by the taxpayer as a residence and such dwelling unit is actually rented for less than 15 days during the taxable year, thenโ€”

(1) no deduction otherwise allowable under this chapter because of the rental use of such dwelling unit shall be allowed, and

(2) the income derived from such use for the taxable year shall not be included in the gross income of such taxpayer under section 61.