05/21/2026
Oh! The Augusta Rule-
Most “tax strategists” are getting the Augusta Rule wrong.
Here’s the version they pitch:
“Rent your house to your business for 14 days. Charge $3,000 per day. Take a $42,000 deduction. The IRS can’t touch it.”
That is not how this works.
In Sinopoli v. Commissioner, T.C. Memo. 2023-105, three S-corp owners claimed roughly $290,000 of home rental deductions over three years.
The taxpayers lost.
The Tax Court allowed only a small fraction of the deduction because two things were missing:
1. A reasonable rental rate
The rate has to be tied to actual local market comparables.
You cannot simply pick a number that creates the deduction you want.
In Sinopoli, the court looked to local hotel and meeting-space comparables and allowed roughly $500 per meeting instead of the much higher amounts claimed.
2. Real business purpose and documentation
The meetings need to be real.
That means agendas, attendees, minutes, business decisions, and records showing why the home was rented in the first place.
The Augusta Rule under IRC §280A(g) can still be useful.
If you rent your personal residence for fewer than 15 days during the year, the rental income may be excluded from your personal income.
But the business deduction still has to satisfy the normal rules.
The rent must be ordinary, necessary, reasonable, and properly documented.
A defensible file should include:
* Local comparable rates for similar meeting space
* A written rental agreement signed before the meeting
* A clear business purpose
* Meeting agenda and minutes
* Proof of payment
* Records of who attended and what was discussed
* Proper accounting treatment on the business books
* Consideration of issuing a Form 1099 from the business to the homeowner to further substantiate the payment trail and business reporting position
The Augusta Rule is not dead.
But the “pick a big number and call it tax-free rent” version should be.