Vacation Home & Mixed-Use Rental: §280A Rules

14-Day / 10% Personal Use Test • Deduction Ordering • Augusta Rule 14-Day Exclusion • 7-Day STR Exception
IRC §280ATreas. Reg. §1.280A-1IRC §469(c)(2)
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A property that is used both personally and rented out falls under IRC §280A, one of the most complex and counterintuitive provisions in the Code. The tax treatment depends entirely on how many days the property is rented and how many days it is used personally. Too many personal use days and you cannot deduct rental losses. Too few rental days and you cannot deduct any rental expenses beyond the rental income. And there is a specific 14-day window - the Augusta Rule - where renting your home produces tax-free income regardless of any other rule.

§280A: The Three Categories

Category 1 - Rented fewer than 15 days: The rental income is completely excluded from gross income. No rental expenses are deductible. The unit must be used by you as a residence (personal use of more than 14 days) for §280A(g) to apply. This is the Augusta Rule - up to 14 rental days per year produce tax-free income with no related deductions.

Category 2 - Rented 15+ days and personal use exceeds the greater of 14 days or 10% of rental days: The property is a "vacation home." Rental deductions are allowed but limited - they cannot exceed rental income (no net rental loss). Deductions are allocated between personal and rental use by days and must be deducted in a specific mandatory order.

Category 3 - Rented 15+ days and personal use does not exceed the greater of 14 days or 10% of rental days: The property is treated as a rental property for tax purposes. Rental expenses are deductible after allocating expenses between rental and personal use days (§280A(e)). Net losses may be passive activity losses (subject to §469 limits) but are not capped at rental income. Standard rental property rules apply.

What Counts as Personal Use

Personal use days are days on which the property is used by: the taxpayer or any co-owner for personal purposes; any member of the taxpayer's family (spouse, siblings, ancestors, lineal descendants), even if the family member pays rent, unless the family member uses the property as a main home and pays a fair rental price; any person under a reciprocal arrangement (you use their cabin, they use yours); or any person at less than fair market rental. A day spent working substantially full time repairing and maintaining (not improving) the property does not count as a personal use day, even if family members use the property for recreation that day.

Renting to a family member is generally a personal use day for the owner, even at full rent. A parent who rents their beach house to their adult child has personal use days equal to the number of days the child occupies the property, unless the child uses it as a main home and pays a fair rental price (§280A(d)(3)). This is the most common trap in vacation home planning - owners assume that any rental is a rental day. A rental to someone other than a family member (or other owner) counts as a rental day only if the rent is a fair rental price.

The Augusta Rule: 14 Days of Tax-Free Rental

Under §280A(g), if a taxpayer rents their personal residence for fewer than 15 days during the year, the rental income is excluded from gross income entirely. No rental deductions apply - but the income is completely tax-free. The provision is colloquially called the Augusta Rule because Augusta, Georgia residents historically rented their homes during the Masters golf tournament. The rule is straightforward: rent your home for up to 14 days per year at any rate and pay no tax on the income.

The Augusta Rule is occasionally used for business purposes: a business owner rents their home to their own corporation for meetings, retreats, or events. The corporation deducts the rent as a business expense; the homeowner receives tax-free rental income. The rent must be at fair market value for comparable meeting/event space (not inflated), and the meeting must be a genuine business event with documentation. IRS scrutiny of these arrangements has increased.

The 7-Day Average Rental Period Is a §469 Rule, Not a §280A Exception

A rental with an average period of customer use of 7 days or fewer is not a "rental activity" for the passive activity rules (Treas. Reg. §1.469-1T(e)(3)(ii)(A)), so losses are passive only if the owner does not materially participate. It does not take the property outside §280A: if the owner's personal use exceeds the greater of 14 days or 10% of the days rented at a fair rental, the §280A(c)(5) rental income cap and the §280A(e) allocation still apply. Many Airbnb hosts who never use the property personally operate in Category 3 because they have no personal use days (pure rental).

The 7-day average period test is measured by rental, not by property. If your vacation home has ten rental periods during the year and the average length is 6 days (60 total rental days / 10 rentals = 6 days average), the property is not a rental activity under §469, but the §280A limits still apply if your personal use exceeds the greater of 14 days or 10% of the days rented at a fair rental. Losses are passive only if you do not materially participate (potentially deductible against other income if you materially participate under Treas. Reg. §1.469-5T).
Authority: IRC §280A (disallowance of certain expenses in connection with business use of home or rental of vacation home - three-category framework; personal use day definition; rental income exclusion for fewer than 15 rental days); IRC §280A(c)(5) (limitation on deductions for vacation home category - deductions cannot exceed rental income; mandatory ordering of deductions: mortgage interest and taxes first, then operating expenses, then depreciation); IRC §280A(d) (personal use day defined - use for personal purposes by the taxpayer, another person with an interest in the unit, or a family member (regardless of rent charged, subject to the fair-rental principal-residence exception in §280A(d)(3)); use under a reciprocal arrangement; or use by any other person unless at a fair rental); IRC §280A(g) (rental for less than 15 days - income excluded from gross income; related deductions not allowed; Augusta Rule); IRC §280A(f)(3) (coordination with section 183 - section 183 does not apply to a unit to which §280A(a) applies, but the year counts for the §183(d) presumption); Treas. Reg. §1.469-1T(e)(3)(ii)(A) (7-day average period - not a rental activity for §469 purposes; does not remove §280A); IRC §469(c)(2) (rental activities generally passive - except for active participation $25,000 allowance, real estate professionals); Prop. Treas. Reg. §1.280A-3 (proposed vacation home regulations - allocation and ordering of deductions; see also IRS Publication 527 for personal use day counting, fair rental price and the repair day exception); Bolton v. Commissioner, 77 T.C. 104 (1981) (deduction ordering for mixed-use vacation home - IRS method vs. Tax Court method; allocation of mortgage interest and taxes).