- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
(This is supposed to be a reply to Terry53029's answer. It looks like the replies aren't showing up under the right post currently.)
You're thinking of something different. The depreciation period is determined by § 168, which results in the correct answer which is it's 39 years if the average stay is 30 days or less.
What you're thinking of is § 169 (the passive loss rules), which is unrelated to determining the depreciation period. Under § 169, a rental is potentially non-passive if it has an average stay of 7 days or less (or less than 30 days with "significant personal services"), and also they materially participate, then it is non-passive. But it still goes on Schedule E, not C. The difference is it can bypass form 8582. To do that, choose the non-passive option in your tax software.