Questions people actually ask

Straight answers about the Augusta Rule, who it works for, and what you need to keep. None of this is tax advice, and your own tax preparer should look at your return.

What is the Augusta Rule?

The Augusta Rule, IRC 280A(g), allows homeowners to rent their residence for 14 days or fewer during the year without reporting the rental income as taxable income.

The rule became associated with Augusta, Georgia, where homeowners traditionally rented their homes to visitors attending the Masters Tournament. But it isn’t limited to vacation rentals. Under the right circumstances, a business can rent an owner’s home for legitimate business purposes such as meetings, planning sessions, training, or company events.

When your business rents your home, the key is doing it properly:

  • The rental rate should reflect local fair market value (FMV).
  • There must be a legitimate business purpose for using the property.
  • The meeting or event should be properly documented.
  • A written rental or lease agreement should establish the arrangement.
  • The business should actually pay the homeowner, with an invoice and clear financial paper trail.

In short: real business use, fair-market pricing, and good documentation.

Is this legal?

The Augusta Rule, IRC §280A(g), allows homeowners to rent their residence for 14 days or fewer during the year without reporting the rental income as taxable income.

The rule became associated with and named by Augusta, Georgia, where homeowners traditionally rented their homes to visitors attending the Masters Tournament. But the Augusta rule isn’t limited to vacation rentals. Under the right circumstances, a business can rent an owner’s home for legitimate business purposes such as meetings, planning sessions, training, or company events.

When your business rents your home, the key is doing it properly:

  • The rental rate should reflect local fair market value (FMV).
  • There must be a legitimate business purpose for using the property.
  • The meeting or event should be properly documented.
  • A written rental or lease agreement should establish the arrangement.
  • The business should actually pay the homeowner, with an invoice and clear financial paper trail.

In short: real business use, fair-market pricing, and good documentation.

How can this benefit me?

A properly-implemented Augusta rule can bring you tax-free income as an owner and reduced taxes your business owes, doubly beneficial to you. Your business has a slightly reduced tax bill but the bigger thing is that this allows you to move money to yourself TAX FREE.

The result: more income to the owner, less taxable income to the business, and a strategy specifically provided for in the tax code.

See what the Augusta Rule could save you with our calculator.

Will taking this deduction get me audited?

Nobody can tell you your audit odds, and anyone who promises you’re audit proof is guessing or lying. Our system sets up some guardrails that, if followed, will make your case strong in the event of an audit. We call this audit resistance because there’s nothing audit-proof.

We provide the high, low, and average comp values for your property. We provide a lease agreement. The comps have a time/date stamp so today, or seven years from now, you’ll be able to justify the valuation. In addition, our lease agreement shows the date entered for the effective date. Add in well-documented events and you’ve got the majority of the Augusta rule.

We have a guide to help the process and help files along the way. We’re here to help guide you to make the lowest risk deduction possible. If you do it right, even IF you’re audited the chances are high you’ll be able to keep this valuable deduction in-place.

Is my business eligible?

What types of businesses can use the Augusta Rule?

The Augusta Rule works when there is a legitimate transaction between you, the homeowner, and a separate business entity. The separate business entity is a legal distinction, which is one of the following types of business structures:

  • S Corporations
  • C Corporations
  • Partnerships
  • Multi-member LLCs
  • LLCs that have elected to be taxed as an S or C Corporation

The basic idea is simple: you own the residence personally, and your business rents it from you for a legitimate business purpose.

Your business gets the use of the property and may deduct the qualifying rental expense. You receive the rental income, and when the requirements of the Augusta rule are met, that rental income is tax free.

Your business structure matters, though. Not every LLC or business automatically qualifies.

Are any business types incompatible?

Yes. Single member LLCs are not recognized because legally that business type is not separate from you for federal income-tax purposes. This is key, legally a single member LLC isn’t recognized as a legal ‘person’ but an S or C corp, is legally recognized as a separate ‘person’.

With Augusta and a single member LLC, it’s you renting from you, does that make sense? Other business types, like an S corporation, are legally recognized as a separate ‘person’ so it’s OK to lease your home from an S Corp because that’s two independent parties, you leasing from an S-Corp. The simple answer is to take an S or C corp election and do an Augusta rule plan as a single member LLC, but please contact a tax pro to consider the implications.

You can’t create a deductible rental payment simply by paying yourself.

Easy rule of thumb: Look over your last taxes and if your business files a separate federal business return, such as Form 1120, 1120-S, or 1065, it may be a candidate. If everything is simply reported directly on your Schedule C, the traditional owner-to-business Augusta arrangement generally doesn’t work.

What kind of meetings qualify?

There isn’t a special IRS list of “approved Augusta meetings.” The important question is whether your business had a real, ordinary and necessary business reason to rent and use the property.

Examples could include:

  • Management or planning meetings
  • Employee meetings or training
  • Shareholder or director meetings
  • Strategic planning sessions
  • Annual or quarterly business reviews
  • Sales or marketing meetings
  • Client or vendor meetings
  • Business retreats or working sessions
  • Product development or project meetings

The meeting should be more than an excuse to move money from your business to yourself. There should be a legitimate reason for the business to use the space, and the amount paid should reflect what the business would reasonably pay to rent comparable space from someone else.

Documentation matters. Keep the date, business purpose, attendees, meeting details, invoice, proof of payment, and support for the fair market rental rate.

The Augusta Rule gives you the tax opportunity. Good documentation proves you earned it.

Does it have to be my primary home?

No. IRC §280A doesn’t limit a qualifying dwelling to your primary legal domicile.

A qualifying property can potentially include a:

  • Primary residence
  • Second home
  • Vacation home
  • Condominium
  • Apartment
  • Mobile home
  • Boat
  • RV or motorhome
  • Similar property used as a residence

The IRS definition of a dwelling unit specifically includes houses, apartments, condominiums, mobile homes, boats, and similar property. Generally, the property needs the characteristics of a residence, such as sleeping space, a toilet, and cooking facilities.

You don’t have to own the domicile so a vacation condo could be your vacation and Augusta work location. The important thing to consider is that this condo is not rented outside of your Augusta activities, or 15 days or more per year.

Don’t list this condo on a short term rental site and perform 14 Augusta meetings there, that is specifically excluded. If you lease it to others for 7 days, and use it for Augusta for your business for 7 days, that is OK. The total of 14 uses is key.

Own a suitable vacation property? A liveaboard boat? A properly equipped motorhome? Depending on how the property is used and the other requirements of Augusta rule, it may qualify.

The important distinction is that it must be a dwelling unit that you actually use as a residence, not simply any piece of property you happen to own. No using the shed in the back without cooking, restroom, or sleeping facilities (I’m sure leasing sheds is cheap too, not exactly a valuable tax write off).

The bottom line: your home doesn’t necessarily have to mean your primary home, it’s defined as a domicile.

What happens if the IRS looks at it

Is the Augusta Rule real or just something I saw online?

It is real. It comes from Section 280A(g) of the tax code, which says that if you rent out a home you live in for fewer than 15 days in a year, you do not report that rent as income. Congress put it in the code in the 1970s, long before anyone made a video about it. What the short videos leave out is the paperwork that has to sit behind it, and that missing part is where people get into trouble.

What would the IRS ask me for if they looked at this?

The written lease between you and your business, signed and dated before the meetings happened. Proof of where your rent figure came from, which means local rates for similar space, saved with the source and the date you pulled them. Something showing each meeting really took place, like an agenda or minutes with the date and who was there, plus the bank record showing the business paid you close to the dates in the lease. The IRS normally has three years from when the return was due or filed, whichever is later, to open an exam, so most people keep all of this with that year’s tax records for about seven years.

How do I know the rent I charge will hold up?

The rate has to look like what an unrelated person would pay for similar space in your area on that kind of day, and the space you compare against should be close to what you actually used at home, not a hotel ballroom. Owners have lost this deduction in court when the daily rate was too high to defend and the proof that the meetings happened was thin. A4B searches rentable spaces near your address, pulls at least three real day rates, and shows you the high, the low, and the average for your area. Those listings stay in the report, so the number can still be explained years later. A figure at or below the middle of that range is usually easier to explain than the top of it.

What happens if the IRS says no?

If the deduction cannot be supported, it comes off the business return, and the extra income goes to whoever reports that business income. For an S-Corp, a partnership, or a multi-member LLC, that is you and any other owners on your personal returns, and for a C-Corp the tax is owed by the company. Interest runs from the original due date either way, and an accuracy penalty can be added when the records are thin or missing. The payment may also be re-treated as a distribution or as wages instead of rent, which changes what you owe on it. Records made at the time, instead of rebuilt years later from memory, are what keep an exam short.

Does it work for my business and my home

I’m a sole proprietor. Can I still use the Augusta Rule?

The rule needs two separate parties, you as the homeowner and your business as the renter. A sole proprietor is the same taxpayer as the business, so paying rent to yourself just moves money from one pocket to the other. The same goes for a single-member LLC that reports on Schedule C, which is the business form that sits inside your personal return. A quick check is where your business income is reported, and if it is on a Schedule C, this one is not for you. A4B is built for an S-Corp, a partnership, a multi-member LLC, or a C-Corp, and that includes a single-member LLC that has elected to be taxed as an S-Corp, because those file their own returns.

My spouse and I own the business together. Does that change anything?

Owning the home jointly with your spouse is the normal case and it does not block anything, since the business pays rent for the home and the two of you receive it. Having business partners does not block it either, because the renter is the business and not any one owner. What matters is the same check as the question above, whether your business income is reported on a Schedule C or on its own business return. A husband and wife LLC can end up on Schedule C two ways, through the community property state option (Texas, California, and Arizona are three of the nine) or through a qualified joint venture election, which any married couple can make anywhere. If either one applies to you, the income is on your personal return and this does not work, and your tax preparer can tell you which one you are in.

Can I use my vacation home for this?

It can work, but only if the place counts as a residence for you, and there is a real test behind that word. A cabin you visited for one long weekend, or one that is listed on a short-term rental site most of the year, usually fails that test, and a property you rent out full time is a rental and not a residence. Counting those days with your tax preparer is worth doing before you plan around it. If you do have more than one property that passes, A4B covers up to three locations on one account.

Does a half day use up one of the 14 days?

Yes. A day counts as a day even if the meeting runs three hours, so a short board meeting uses one of the 14. The law counts by calendar date, so two separate meetings on the same date are one day and not two. A4B caps the report at 14 entries and each entry is one meeting, so two meetings on one date would use two of your 14 entries even though the law sees one day. The limit itself runs per home, so a second qualifying property has its own count, and it is a limit in the law rather than a setting we chose.

What happens if I rent my home to my business for more than 14 days?

Fifteen days or more turns off the exclusion, which is the part that lets you receive the rent without reporting it, and it turns off for the whole year and not just for the extra day. The rent for every one of those days becomes rental income on your personal return. The deductions you would normally get against rental income are limited or denied in this situation, so it is worse than an ordinary rental and not the same as one. The day that takes you to 15 can cost far more than it was worth. A4B stops the report at 14 so the documentation you keep never crosses that line.

What it costs and what it saves

How much does this actually save me?

Your business deducts the rent it pays you, and you do not report that rent as rental income, so the saving depends on your daily rate, how many days you use, and the rate you actually pay on business income. Rent times your tax rate is the rough version, and it usually overstates it. If your business qualifies for the qualified business income deduction, the 20 percent deduction many pass-through owners get, then deducting the rent lowers that deduction too, so the net saving comes out smaller. The calculator on this site runs your own numbers, and your tax preparer can tell you how it looks on your actual return. We do not promise a figure, because it depends on your rates and your own return.

Can’t my CPA just do this for me?

Some do, and if yours already pulls local comparable rates, writes the lease, and keeps the backup for every year, you may not need us. More often that research and paperwork sits outside a standard tax return job, so it is worth asking yours what the extra hours would cost. You can also build the file yourself if you have the time for it. The slow parts are finding real local rates and saving proof of them, writing a lease that fits your state, and keeping a record of what happened on each day. A4B is not a tax firm and does not file anything, so what it gives you is the support file for whoever prepares your return.

Is the $249 a one-time fee or do I pay it every year?

The $249 covers one tax year. Each year you want to use the rule is its own purchase, because it needs its own local rates, its own lease, and its own record of the days. Nothing renews on its own, so you are not charged again unless you come back and buy the next year yourself. After that year's access ends you can still open and download your finished report. You just cannot change it anymore.

Can I still do this for last year?

Only if that year already happened the right way, meaning you really held the meetings, you had a rental agreement in place at the time, and the business actually paid you from its account before the year ended. Most small businesses are on a cash basis, so rent that never moved is not a deduction, whatever the paperwork says now. What A4B adds is the comparable rate research and the assembled file, and it will not produce a lease dated earlier than the day you fill it in. A document signed today but dated to a past meeting is a made-up record, not a paperwork gap. The rates it pulls are current listings, so on a prior year they support your number rather than show that year's prices, and your tax preparer can tell you whether the year is worth revisiting at all.

How it works day to day

Do I really need a written lease if I own both the house and the company?

The written agreement is what shows a real transaction between two separate parties, the business and you as the homeowner. Without it there is money going out of a business account and into a personal account with nothing explaining why. A normal agreement names the property, the dates, the daily rate, and what the space is used for, and it is signed by both sides before or on the day of the meeting. A4B makes a fillable lease built for your state, so you are not writing one yourself or pulling a generic form off the internet. If you are partway through the year already, the days you have left can still be set up this way.

How does the money actually get from my business to me?

The business pays you the same way it pays any other bill, with a check or a bank transfer from the business account to your personal account. The payment is rent, so it is recorded as rent, not as payroll and not as an owner draw or distribution, because those are different kinds of payments and they get reported differently. It is paying for the use of the space on the days in the agreement and not for your time, so each invoice should show the date, the space used, and the daily rate. It can be paid per meeting or in one payment covering those days, as long as the amount matches the agreement and the invoices. For most small businesses, which are on a cash basis, the payment needs to clear before the year ends for the expense to fall in that tax year.

How does this show up on my tax return?

The business claims the rent as a regular business expense on its own return, which is Form 1120-S for an S-Corp, Form 1065 for a partnership or multi-member LLC, and Form 1120 for a C-Corp. On your side, Section 280A(g) says rent from a home rented out 14 days or fewer in the year is not taxable rental income to you. Where that shows up on the return is up to your preparer, and some businesses issue a 1099 to the owner for the rent, which changes how they handle it. A4B produces the documentation and does not file anything for you, and it is not a tax firm.

Still not sure?

Put your own numbers in and see what the deduction is worth to you, or send us the question and we will answer it.

New to the Augusta Rule? Start with the getting started guide.