Turning Your Residence into a Legitimate Tax Strategy

Jim Richter
May 1
5 min read

Updated: May 5

For self-employed professionals and business owners, making the most of available tax strategies can significantly impact your bottom line. One lesser-known yet powerful tax opportunity lies in leveraging your home under a provision often referred to as the “Augusta Rule.”

This IRS-sanctioned rule enables homeowners to rent out their primary or secondary residence for up to 14 days per year—with the rental income exempt from federal income tax. What’s more, if you're a business owner, your company can pay you to rent your home for legitimate business events, and you still won’t owe tax on that rental income, while your business enjoys a deductible expense.

Let’s explore how to take full advantage of this opportunity, while remaining in compliance with tax law.

Understanding the Augusta Rule and Its Origins

The Augusta Rule—named after Augusta, Georgia—stems from IRS Code Section 280A(g). It was first implemented to allow homeowners to rent their residences during major events like the Masters golf tournament without incurring federal tax on the income.

Today, the rule applies to homeowners nationwide. Business owners, in particular, have recognized its value: by renting out their homes for board meetings, planning retreats, or training days, they create a tax-deductible business expense while receiving untaxed personal income.

Importantly, this is not a loophole—it is an explicitly authorized tax strategy. However, it must be handled correctly to remain compliant.

Who Can Use the Augusta Rule?

To make use of this strategy, certain conditions must be met:

You must own the property. It should be in your personal name or a revocable trust, and function as a personal residence (not solely for business use).
You need a separate business entity. Corporations (S-Corps, C-Corps), partnerships, or LLCs treated as partnerships may rent the space. Sole proprietors generally cannot rent their own home to themselves and deduct the cost.
The home must not be your permanent business location. If you already take a home office deduction for the same space, applying the Augusta Rule can lead to conflicts.

If your business is legally distinct and your home is used only occasionally for business purposes, you likely qualify.

Pricing It Right: The Importance of Fair Market Value

The IRS requires that the rental fee be reasonable and justifiable—in line with what someone would pay for a similar venue in your area.

To establish this:

Compare local venues. Use hotel conference rooms, business centers, or even entire-home Airbnb rentals as references.
Document your research. Save rate sheets, listings, and screenshots as backup evidence.
Be conservative. Inflated charges can lead to IRS reclassification, disallowing deductions and triggering penalties.

For example, claiming a $6,000 rate for a single afternoon in your den won’t hold water unless similar venues command that price in your market.

Strategic Use Alongside Solo 401(k) Planning

If you manage a Solo 401(k), combining it with the Augusta Rule can amplify your tax efficiency. Here’s how:

Dual benefit: You receive tax-free income and create a business deduction—improving your net income positioning.
Retirement bucket: The tax-free cashflow that you receive can be funneled into a Solo 401(k) Roth contribution that will continue to create tax-free income in retirement.

Example Scenario: Maximizing a Business Deduction

Consider a business owner operating under an S-Corp structure. In December, they host a two-day annual planning event at home. Local venues charge $1,000 per day for similar use, so they bill their company $2,000 and receive that payment. The company deducts the full amount, and the owner pays no tax on the income. A win-win.

How to Execute the Augusta Rule: Step-by-Step

To stay on the IRS’s good side, treat the transaction like any professional rental:

Hold a real business function. Set an agenda and define the meeting purpose.
Research pricing. Use local rates to support your chosen amount.
Create a rental agreement. Clearly document terms between you (the owner) and your business.
Issue an invoice. Pay yourself from your business account with supporting paperwork.
Retain all records. Include invites, agendas, meeting minutes, etc.
Do not report the income. If you stay under 15 days, it remains tax-free.

Avoid These Common Pitfalls

Exceeding the 14-day cap: Any extra day makes the entire amount taxable.
Vague or missing documentation: This increases audit risk.
Overcharging: Unsubstantiated rates could invalidate the deduction.
Using the same space for dual purposes: Don’t mix this with the home office deduction.

Legal Framework and Enforcement

Section 280A(g) clearly outlines this provision. The IRS allows it, but only when all criteria are met. If misused, expect consequences such as:

Taxable income reclassification
Disallowed business deductions
Penalties and potential audits

Real-World Applications

Here are a few ways the Augusta Rule can be applied correctly:

Quarterly Leadership Meetings: Hold four full-day board meetings at home at $800 per day. Total $3,200—fully deductible, fully tax-free.
Annual Strategic Retreat: Use your home once a year for two days, charging $1,250 per day. Total $2,500—again, tax-free.
Caution with Frequent Use: If you're considering monthly sessions, remember the 14-day limit. Instead, consolidate events into fewer, longer sessions.

Final Thoughts: A Practical, Legal Advantage

The Augusta Rule offers a rare chance to legally move money from your business to yourself, tax-free. When paired with other strategies like retirement planning, it becomes a powerful tool for reducing tax liability and improving cash flow.

Just remember: plan carefully, document everything, and stay within the limits.

To learn how to make the Augusta Rule part of your tax planning, schedule a meeting with us today!

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