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Tax & Accounting for Real Estate Investors

Investors deal with depreciation schedules, passive loss rules, cost segregation, and 1031 exchanges that generic preparers often miss. In South Florida the stakes are higher: short-term rental income, tourist development tax, and out-of-state owners layering Florida property onto a home-state return.

Katie Gorles
Written by
Katie Gorles
Updated July 6, 2026

Depreciation and cost segregation

Residential rentals depreciate over 27.5 years, commercial over 39. Cost segregation studies reclassify portions of the building to 5-, 7-, and 15-year lives, accelerating deductions. On a $500,000 residential rental, cost seg commonly front-loads $40,000 to $80,000 in deductions. The land itself never depreciates, so the purchase-price allocation between land and building is the first number worth getting right.

Passive activity loss rules

Rental losses are passive by default and limited to passive income. Real Estate Professional status removes the limitation for those who meet the 750-hour and majority-of-work tests. The hours have to be documented contemporaneously; a spreadsheet built the week before an audit does not hold up.

1031 exchanges

Like-kind exchanges defer capital gains when replacement property is identified within 45 days and acquired within 180. QI (qualified intermediary) must hold the proceeds; the seller can never touch them. Boot, debt-replacement shortfalls, and closing-cost treatment are where deferred exchanges quietly turn partially taxable.

Short-term rentals

STRs (average stay under seven days with material participation) escape passive classification entirely. Losses are fully deductible against W-2 or active income. This is one of the biggest tax levers in real estate. In Florida the income tax answer is only half the picture: transient rentals of six months or less also owe state sales tax and county tourist development tax, and platform collection does not always cover every obligation.

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Entity structure for holding property

How you hold the property affects liability, financing, and the eventual exit:

  • LLCs taxed as disregarded entities or partnerships are the default for appreciating property
  • S corporations are usually the wrong wrapper for real estate, because getting property out later is a taxable event
  • Multi-member deals need an operating agreement that matches how the K-1s will actually be issued
  • Out-of-state owners keep Florida property on their home-state return, with Florida adding no state income tax of its own

Selling: recapture and exit planning

Depreciation claimed during ownership is recaptured at sale at rates above the long-term capital gains rate, and cost segregation makes the recapture math more involved. Planning the exit (1031, installment sale, or paying the tax in a low-income year) works far better when it starts before the listing agreement is signed.

Common questions

Can I take the STR loophole on a rental I also use personally?
Only if personal use is below 14 days or 10% of rental days, whichever is greater. Exceeding that triggers vacation home rules and limits losses.
Do I owe Florida taxes on my short-term rental?
Yes, two of them: state sales tax and the county tourist development tax on stays of six months or less. Some platforms collect part of this for you, but the registration and any uncollected pieces remain your responsibility.
Should each rental be in its own LLC?
That's a liability and lending question as much as a tax one. Separate LLCs isolate risk per property but multiply state filings and bank accounts. Taxwise, one multi-property LLC and several single-property LLCs can look identical.
Does a cost segregation study make sense on a smaller property?
Sometimes. The study has a fixed cost, so the acceleration has to be worth it, and it matters most when you have income for the extra deductions to offset. We run the math before you commission one.

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