
Step 7 · What the tax code does for a nightly rental
Short-Term Rental Tax Benefits for Washington Investors

Page author
Adriano Tori
Designated Broker, Founder & CEO — RexMont Real Estate · WA Lic. #27660
Adriano leads RexMont Real Estate — the most-reviewed real estate brokerage in Seattle and the Eastside. 1,200+ closed transactions, $1B+ in production, and 1,241 five-star Google reviews.
Written and reviewed by Adriano Tori, Designated Broker, WA Lic. #27660 · last reviewed September 19, 2026 · RexMont Real Estate, 1,241 five-star Google reviews, $1B+ closed across 1,200+ transactions. Not tax, legal or lending advice.
The short answer
A short-term rental whose average guest stay is seven days or less is not a "rental activity" under Treasury Regulation §1.469-1T(e)(3). If you also materially participate (most commonly, more than 100 hours a year and more than anyone else), its losses are not passive and can offset W-2 and other ordinary income.
Those losses are large in year one because a cost-segregation study reclassifies furniture, appliances, flooring and land improvements into 5-, 7- and 15-year property, and the 2025 tax law made 100% bonus depreciation permanent for property acquired after January 19, 2025.
Washington has no personal income tax, and its capital gains excise tax exempts real estate. What you do collect and remit on every stay is retail sales tax and local lodging taxes, which the platform usually handles. Every figure here is for education; your CPA runs the numbers on your return.
For a Bellevue or Seattle household with two high W-2 incomes, the tax treatment of a short-term rental can matter more than its cash flow in the first year of ownership. The reason is a specific carve-out in the passive-activity regulations that treats a nightly rental like an operating business rather than a rental, combined with depreciation rules that front-load deductions into the year you buy and furnish the home. Used correctly and documented carefully, it produces a paper loss that offsets salary. Used carelessly, it produces an audit.
RexMont is not a tax adviser and this page is not tax advice. It is the vocabulary and the citations you need so that the conversation with your CPA starts at the right place, and so that you buy a property that can actually satisfy the tests instead of discovering after closing that a manager's exclusive contract or a 30-night minimum quietly disqualified you.
Test one: average stay of seven days or less
Section 469 of the tax code makes rental losses passive, usable only against passive income (with a modest allowance that phases out at higher incomes). Treas. Reg. §1.469-1T(e)(3)(ii) carves out two cases where an activity involving real property is not a rental activity: (A) the average period of customer use is seven days or less, or (B) the average period is 30 days or less and significant personal services are provided. A typical Airbnb in Leavenworth or Ocean Shores, with weekend and three-to-five-night stays, sits in case (A) without any special effort.
The average is computed per property, per year, weighting each stay. A cabin that books eleven weekend stays and one 40-night winter tenant can blow the average. So can a manager who fills the shoulder season with monthly stays, or an HOA that imposes a 30-night minimum. If the property fails the seven-day test, its income and losses are ordinary rental activity, passive by default, and the year-one depreciation simply carries forward until you have passive income or sell.
Test two: material participation
Escaping the rental definition is only half of it. The activity is still passive unless you materially participate under one of the seven tests in Treas. Reg. §1.469-5T(a). The three that matter for a remote owner: more than 500 hours in the year; participation that constitutes substantially all of the participation by anyone, including non-owners; or more than 100 hours and not less than any other individual's participation. Hours count for you and your spouse together.
The 100-hour test is where a full-service manager becomes a tax problem. If a Vacasa-style operator, a cleaner and a handyman together log more hours on your property than you do, you fail the "not less than any other individual" clause. Owners who pass it typically self-manage the listing and guest communication, handle pricing, coordinate turnovers and do their own furnishing and repairs, and keep a contemporaneous log of every hour. Travel time to the property is generally not counted as participation. Investor-facing time such as reviewing statements does not count either.
Buy the property that fits the test you can actually pass
If your plan is a hands-off manager, do not underwrite on non-passive losses. Underwrite on cash flow and long-term appreciation, and treat the depreciation as a deferral. If your plan is to self-manage from Bellevue, buy within a drive you will actually make, with a layout and finishes that keep turnover simple.
Cost segregation and permanent 100% bonus depreciation
A residential rental building is depreciated over 27.5 years, which produces a modest annual deduction. A cost-segregation study identifies the components of the purchase that are not "building": appliances, furniture, carpet and flooring, cabinetry, window treatments, decorative fixtures, and land improvements such as driveways, decks, fencing and landscaping. Those fall into 5-, 7- and 15-year property classes.
Property with a recovery period of 20 years or less is eligible for bonus depreciation under §168(k). The One Big Beautiful Bill Act, Public Law 119-21 signed July 4, 2025, amended §168(k)(1)(A) to allow 100% of the adjusted basis of qualified property acquired after January 19, 2025, permanently. In practice, a furnished vacation rental can see a meaningful share of the purchase price, plus every dollar of new furnishings, deducted in the year placed in service. Combined with the two tests above, that deduction lands against ordinary income.
Two cautions. Land is never depreciable, and in lakefront and view markets land can be a large share of the price; the study allocates it. And every dollar of depreciation is recaptured when you sell, taxed at up to 25% for the building portion and as ordinary income for the personal-property portion, unless you exchange under §1031. The seller-side math is on the capital gains page.
The 14-day rule and personal use
Personal use interacts with all of the above. Under §280A(d)(1), a dwelling is treated as your residence for the year if your personal use exceeds the greater of 14 days or 10% of the days it was rented at fair value. Cross that line and the loss rules of §280A(c)(5) cap your deductions at rental income, with the excess carried forward, and expenses must be prorated between rental and personal days under §280A(e). Owners who want the non-passive loss treatment keep personal use under the limit and document it.
The mirror-image rule is the one people call the Augusta rule: under §280A(g), if the home is used as a residence and rented for fewer than 15 days in the year, the rental income is not reported and no rental deductions are taken. It is irrelevant to an investment property but explains why a Suncadia owner who rents two ski weekends a year files nothing.
Washington's tax position: no income tax, real estate exempt from the capital gains tax
Washington has no personal income tax, so the federal treatment above is the whole story on your operating results. The state's capital gains excise tax under RCW 82.87, 7% with an additional 2.9% on gains over $1,000,000 starting tax year 2025, expressly excludes real estate transferred by deed or other recorded instrument (RCW 82.87.050). Selling the cabin does not trigger it.
What Washington does tax is the stay. Every rental of fewer than 30 consecutive days is a retail sale: state and local retail sales tax, the special hotel-motel tax where a jurisdiction imposes one, and in King County the convention and trade center tax. The DOR's online marketplaces guidance confirms Airbnb collects and remits state and local retail sales tax, special hotel-motel taxes and convention center taxes on hosts' behalf, but hosts may still need to register with the Department, report gross income on an excise tax return, claim the "gross sales collected by facilitator" deduction, and pay retailing business and occupation tax after the small-business credit. Direct bookings you take outside a platform are entirely your responsibility. The real estate excise tax paid when you buy or sell is separate and covered on the cost-to-sell page.
| Rule | What it requires | Why it matters | Common failure |
|---|---|---|---|
| §1.469-1T(e)(3)(ii)(A) | Average guest stay ≤ 7 days for the year | Activity is not a rental activity; losses can be non-passive | A few long off-season stays or a 30-night HOA minimum |
| §1.469-5T(a) material participation | 500 hours; or substantially all participation; or 100+ hours and more than anyone else | Makes the non-rental activity non-passive | Full-service manager out-hours you |
| §168(k) bonus depreciation | Property with ≤ 20-year recovery period, acquired after Jan 19, 2025 | 100% write-off of segregated components and furnishings | No cost-segregation study; land share ignored |
| §280A(d)(1) residence test | Personal use ≤ greater of 14 days or 10% of rental days | Keeps full deductibility; avoids expense proration | Family holiday weeks pushed use over the line |
| RCW 64.37 + DOR lodging taxes | Collect and remit sales and lodging taxes on stays under 30 days; register with DOR | Platform remits most; you still file B&O | Direct bookings never reported |
Checklist
Before you rely on the STR tax treatment
- Confirm the HOA, the county permit and your manager's contract all allow stays short enough to keep the average at seven days or less.
- Decide who will do the work. If a manager will out-hour you, plan on passive treatment and let the depreciation carry forward.
- Order a cost-segregation study for the year the property is placed in service; keep furnishing receipts by category.
- Start an hours log on day one: date, task, minutes, who did it. Your spouse's hours count with yours.
- Cap personal use below the greater of 14 days or 10% of rental days and record it.
- Register with the Department of Revenue, file excise returns even when the platform remits, and report every direct booking.
FAQ
Questions Washington STR buyers ask first.
What is the short-term rental tax loophole?
It is the combination of two rules. Treasury Regulation §1.469-1T(e)(3)(ii)(A) says a property with an average customer stay of seven days or less is not a rental activity, and §1.469-5T(a) lets you make that activity non-passive by materially participating, most commonly with more than 100 hours a year and more than any other individual. Losses from a non-passive activity can offset W-2 and other ordinary income.
Is 100% bonus depreciation available in 2026?
Yes. Public Law 119-21, signed July 4, 2025, amended §168(k) to allow 100% bonus depreciation permanently for qualified property acquired after January 19, 2025. Qualified property has a recovery period of 20 years or less, which is why a cost-segregation study that separates furnishings and land improvements from the 27.5-year building matters.
Does Washington tax short-term rental income?
Washington has no personal income tax. It taxes the stay: rentals under 30 consecutive days are retail sales subject to state and local sales tax, local lodging taxes and, in King County, the convention and trade center tax. Airbnb collects and remits most of these; hosts may still need a DOR account and owe retailing B&O tax. The state's capital gains excise tax exempts real estate.
Can I use a property manager and still get non-passive treatment?
It is difficult. The 100-hour test requires that no other individual participate more than you. A full-service manager, cleaner and handyman can easily log more hours than a remote owner. Owners who pass typically self-manage the listing, pricing and guest communication and keep a contemporaneous log.
How many days can I use my own vacation rental?
To keep it fully deductible, personal use should not exceed the greater of 14 days or 10% of the days it was rented at fair value in the year (§280A(d)(1)). Above that, the home is treated as your residence, deductions are limited to rental income and expenses must be prorated.
Sources we checked
- Treas. Reg. §1.469-1T (rental activity exceptions)
- Treas. Reg. §1.469-5T (material participation)
- 26 U.S.C. §168(k) bonus depreciation as amended by P.L. 119-21
- 26 U.S.C. §280A dwelling unit used as a residence
- RCW 82.87 Washington capital gains tax (real estate exclusion)
- WA DOR personal home rentals guide
- WA DOR online marketplaces and property managers
- RCW 64.37 short-term rentals
Related on rexmont.com
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