- 10 - participates in the activity. Sec. 469(c)(2), (4). A rental activity is “any activity where payments are principally for the use of tangible property.” Sec. 469(j)(8). As relevant herein, exceptions to the general rule that an activity involving the use of tangible property is a rental activity are: (A) The average period of customer use for such property is seven days or less; (B) The average period of customer use for such property is 30 days or less, and significant personal services (within the meaning of paragraph (e)(3)(iv) of this section) are provided by or on behalf of the owner of the property in connection with making the property available for use by customers; (C) Extraordinary personal services (within the meaning of paragraph (e)(3)(v) of this section) are provided by or on behalf of the owner of the property in connection with making such property available for use by customers (without regard to the average period of customer use). Sec. 1.469-1T(e)(3)(ii)(A) through (C), Temporary Income Tax Regs., 53 Fed. Reg. 5702 (Feb. 25, 1988). The period of customer use is the period during which a customer has a continuous or recurring right to use an item of property held in connection with the activity (without regard to whether the customer uses the property for the entire period). Sec. 1.469-1(e)(3)(iii)(D), Income Tax Regs. The average period of customer use is calculated by dividing the aggregate number ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011