I'll be honest about where I stand before I explain any of this. I find it hard to watch this administration work. The chaos, and the way norms get treated as suggestions. Plenty of my clients feel the same unease, and I'm not going to write around it.

But my job is helping people build wealth inside the rules as they actually exist, and the tax bill Trump signed in July 2025 contains the most generous depreciation rule I've seen in my 16 years around real estate. You can dislike the man and still read the code. If you earn good money on a W-2, the code is currently written for you, and it would be a strange kind of protest to leave six figures on the table while people you disagree with collect it.

So here's what changed, and a real example with the numbers spelled out.

What Changed in July 2025

The One Big Beautiful Bill Act made 100 percent bonus depreciation permanent for property acquired after January 19, 2025. Before that, the write-off was phasing out: 40 percent in 2025, headed to zero by 2027. Now it's back at full strength with no sunset date.

In plain terms: when you buy a rental property, certain components of it (appliances, flooring, cabinetry, driveways, landscaping, furniture) can be written off entirely in year one instead of over 27.5 or 39 years. An engineering firm runs what's called a cost segregation study on the property, typically for $3,000 to $4,500, and identifies which pieces qualify. On a single-family home, that's usually 20 to 30 percent of the building's value.

The Myth: "Write Off the Whole House in Year One"

You'll see claims on social media that 100 percent bonus depreciation lets you deduct the entire purchase price of a property in year one. It doesn't. The 100 percent applies to the qualifying components, meaning anything with a tax life of 20 years or less. The house itself doesn't qualify.

On the $1.2 million cabin in the example below: the land, around $240,000, never depreciates for anyone. The structure, roughly $720,000 of framing and foundation, stays on the slow 27.5 or 39 year schedule. What gets the full first-year write-off is the cost segregation carve-out plus the furniture, about $280,000 in total. That's real money, and it's about 23 percent of everything you paid. Anyone promising you the other 77 percent is selling a course.

A big first-year write-off only matters if you can use it. Which brings us to the part most high earners have never heard of.

Why Your Rental Losses Normally Can't Touch Your Paycheck

Since 1986, the tax code has treated rental losses as passive. Passive losses offset passive income only. Your salary is untouchable. There's a small exception worth up to $25,000, and it phases out completely at $150,000 of income, so it does nothing for the people reading this post.

The full exception is real estate professional status, which requires 750 hours a year and more than half your total working time in real estate. If you have a full-time job, you can't get there.

But there's a second door, and it's been sitting in the Treasury regulations since 1988. If the average guest stay at your property is seven days or less, the IRS doesn't classify it as a rental activity at all. It's a business, like a restaurant or a shop. And if you materially participate in running that business, its losses are fully deductible against your W-2 income. No professional status required, no income cap.

That's the short-term rental strategy. A furnished cabin with three-night Airbnb stays lives under a different section of the tax code than a house with a twelve-month tenant. The 2025 bill didn't create this door. It just made the deduction on the other side of it much larger.

The Example: $500K Salary, $1.2M Cabin

Say you earn $500,000 a year in tech and you close on a $1.2 million cabin in South Lake Tahoe in October 2026. You put 20 percent down ($240,000), spend $40,000 furnishing it, get your vacation-rental permit, and have it listed by mid-November with an average stay of three nights.

The cost segregation study allocates 20 percent of the price to land, which isn't depreciable, leaving $960,000 of building. It reclassifies about 25 percent of that ($240,000) into categories eligible for 100 percent bonus depreciation. The furniture qualifies too. Your first-year deduction is roughly $280,000 against a few weeks of rental income.

If you file jointly, the whole loss offsets your W-2 income in 2026. Filing single, a federal cap on business losses limits you to $256,000 this year, and the rest carries forward. Either way, your taxable income drops by roughly a quarter million dollars, and at your marginal rates that's in the neighborhood of $85,000 to $95,000 of federal tax you don't pay.

Cash out the door: about $310,000 including closing costs. Federal tax back in year one: call it $90,000. Nearly a third of your down payment returned on the following April's filing, and you own an appreciating asset at Tahoe that you can also use within the personal-use limits.

One thing California residents need to hear before celebrating: the state never adopted bonus depreciation. Your California return adds the deduction back and depreciates the property on the slow schedule, so the year-one savings are federal only. At a $500,000 income you'll still owe Sacramento its 9.3 to 11.3 percent. Every dollar figure above is federal.

The Time Requirement, Honestly

Material participation is the whole game, and the IRS has been auditing this exact strategy harder since 2025. There are seven tests and you only need to pass one. The two that matter for someone with a day job:

  • Spend more than 500 hours a year on the property, or
  • Spend more than 100 hours and more than any other single person, including your cleaner and any co-host.

The 100-hour route is the realistic one, and it means you actually run the place. You answer the guest messages. You schedule the turnovers and handle the pricing. You deal with the hot tub guy. Two to three hours a week gets you there, and setup year is the easy year because furnishing and listing work counts. What doesn't count: time spent shopping for properties and reading about the strategy, plus most driving. Hours your spouse puts in count toward yours.

Hand the keys to a full-service property manager and the strategy dies, because their hours beat yours. This is the honest filter for whether the play is for you. The IRS position has survived in court when owners kept contemporaneous logs and lost when they reconstructed hours at year-end. In one Tax Court case the judge singled out an entry claiming two hours shopping for coffee filters. Keep a running log from day one. A notes app is fine.

And keep your average stay at seven nights or under. One year of month-long winter tenants and the losses snap back to passive.

Readers asked how all this squares with holding a full-time job. It does, and the details matter enough that I wrote a follow-up post walking through the two hour tests and what self-managing means for your taxes.

Where You Can Actually Do This

Not San Francisco. The city only allows short-term rentals in your primary residence, where you live 275 nights a year, and fines start at $484 per day. There is no investment-property version of this inside city limits, so the play for an SF earner is to keep your life here and put the property where permits exist.

Within driving distance, the map moved a lot in the last 18 months. A judge struck down South Lake Tahoe's Measure T in March 2025, and as of April 2026 the city is issuing vacation-rental permits in residential zones again under a 900-permit cap. Placer County, covering the north shore, had roughly 300 permits left under its cap as of June. Palm Springs still issues certificates, now limited to 26 bookings a year. Truckee's waitlist runs 16 months or more, and Sonoma, Napa, and coastal Monterey are mostly closed to new investor permits.

Two more reasons to take permits seriously. A new state law, SB 346, took effect in January 2026 and lets cities pull per-property booking data straight from Airbnb and VRBO, so operating unpermitted now gets caught. And the permit has to come before the purchase in your sequence of decisions, because a property you can't legally rent nightly is just an expensive second home. Driving distance helps your hours log too.

What If You Fix It Up First? BRRRR Meets the Write-Off

Some readers will recognize the BRRRR strategy: buy a dated property, renovate it, rent it, refinance to pull your cash back out, hold. Run the rental phase as a short-term rental and the two strategies stack, with one calendar rule to respect.

Rehab dollars are disproportionately bonus-eligible. On a purchase, the cost segregation study usually finds 20 to 30 percent in short-life components. On a renovation budget, the share often passes half, because a remodel is mostly finishes: flooring, cabinets, appliances, decks, the driveway. A $1 million purchase plus a $200,000 rehab can produce a bigger first-year deduction than a $1.2 million turnkey. Structural work like the roof and framing still depreciates slowly. And when you demo the old kitchen, an election called a partial disposition lets you write off the remaining basis of what went in the dumpster.

The calendar rule: nothing is deductible while the property sits in renovation. Every pre-listing dollar stacks into basis, and the whole deduction fires in the year the property is placed in service. Buy in October, renovate through March, list in April, and the write-off lands on next year's return. If you need the deduction this year, the rehab has to finish this year.

The refinance step costs you nothing in tax. Cash-out proceeds aren't income and the refi doesn't trigger recapture. Your depreciation schedule doesn't move. Pull the capital out, buy the next one, and each new property gets its own study and its own first-year deduction. The limits are the ones above: your hours have to keep up across the whole portfolio, and the annual loss cap still applies. Past two or three of these, material participation gets hard to defend with a day job.

The Catches

The deduction defers tax. It doesn't erase it. When you sell, the depreciation you took gets recaptured, some of it at ordinary rates. The move investors make is holding long, or rolling into the next property through a 1031 exchange, the same family of tools I covered in why real estate is the ultimate wealth builder. Held that way, deferral compounds in your favor for decades, and equity you build can be borrowed against along the lines of the strategy the ultra-wealthy use.

The property must be in service by December 31 to take the deduction this year. In service means furnished and actually listed, with the permit done. An October close works. A December 28 close doesn't.

And the property has to work as a business, because you'll own it long after the deduction clears. National short-term rental occupancy is running about 57 percent this year. Underwrite the revenue like the deduction doesn't exist, then let the deduction make a good deal great. A bad cabin with a great write-off is still a bad cabin.

Who This Is For

Someone earning above $150,000, where the small-landlord exception is gone, with around $300,000 of cash to put to work. It also takes a genuine willingness to spend a hundred-plus hours a year running the place, logged. If either piece is missing, wait, or look at the slower wealth-building paths in my piece on investing tech money.

If both are there, this is one of the few places in the code where a W-2 earner gets treated like an owner. My politics didn't write this rule. But it's on the books and it's permanent for now. The people it was written for are using it, and I'd rather my clients understand it than fund it.

If you want to talk through whether it fits your situation, and what a Tahoe or Palm Springs purchase would look like next to your SF plans, the conversation is free. You can reach me at (415) 517-7071.

Compliance Note

This is for educational purposes only. It is not tax, legal, or financial advice. The example is illustrative, uses approximate figures, and is not tied to a specific property. Tax outcomes depend on your filing status and the rest of your facts, and both tax law and local rental ordinances change. Work with a CPA experienced in short-term rentals, and verify permit availability with the local jurisdiction, before buying anything.

Sources

  • IRS, "Treasury, IRS issue guidance on the additional first year depreciation deduction" (IR-2026-06, Jan 2026) and Notice 2026-11; IRS Publication 925 on passive activity rules and material participation; IRS Publication 527.
  • One Big Beautiful Bill Act (July 2025): permanent 100 percent bonus depreciation for property acquired after Jan 19, 2025; excess business loss limits per Rev. Proc. 2025-32 ($256,000 single, $512,000 joint for 2026).
  • Treas. Reg. 1.469-1T(e)(3)(ii) (seven-day average stay exception) and 1.469-5T (material participation tests); Tax Court decisions incl. Lucero v. Commissioner, T.C. Memo. 2020-136, and Sezonov v. Commissioner, T.C. Memo. 2022-40.
  • California Franchise Tax Board Form 3885 instructions on state nonconformity to bonus depreciation.
  • Cost segregation benchmarks from published industry studies (typical 20 to 30 percent reclassification on single-family homes); worked examples published by The Real Estate CPA (Hall CPA, updated July 2026) and KBKG.
  • SF Planning Office of Short-Term Rentals FAQ (primary-residence requirement, 275 nights, penalties); California SB 346 (2025, effective Jan 1, 2026); City of South Lake Tahoe amended vacation-rental ordinance (effective April 23, 2026) following the March 2025 Measure T ruling; Placer County Short-Term Rental Program permit counts (June 2026); Palm Springs ordinance changes effective Jan 1, 2026; Town of Truckee registration waitlist (May 2026).
  • AirDNA 2026 mid-year market update (occupancy and RevPAR figures).