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How Physicians Use the Augusta Rule to Rent Their Home to Their S-Corp Tax Free

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The Overview

The Augusta Rule lets you rent your home to your own S-Corp for up to 14 days per year and receive that rental income tax free under Section 280A of the Internal Revenue Code.

At the right daily rate, it can move taxable income off your personal return while your S-Corp deducts the same amount as a business expense.

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Most physicians never use it. Not because the rule is obscure, but because most generalist preparers do not walk physician clients through the structure, documentation, and fair market value work it requires. This guide does.

In This Guide

01

What the Augusta Rule Actually Is

02

How It Works for Physicians With an S-Corp

03

Who Qualifies

04

Real Numbers: What the Augusta Rule Looks Like in Practice

05

How to Determine Fair Market Rental Value

06

Documentation the IRS Expects to See

07

Common Mistakes That Trigger Audits

08

How the Augusta Rule Fits With Your Other Tax Planning

09

Frequently Asked Questions

The Basics

What the Augusta Rule Actually Is

The Augusta Rule gets its name from Augusta, Georgia, where homeowners rented their homes during the Masters golf tournament. Section 280A(g) of the Internal Revenue Code lets any homeowner rent a personal residence for up to 14 days per calendar year and exclude that rental income from gross income entirely.

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For a physician who owns an S-Corp, the rule becomes a planning item with a clean structure. When your S-Corp is the tenant and the rental serves a real business purpose, three things happen at once:

1

The S-Corp deducts the rent as an ordinary business expense on Form 1120-S.

2

You receive the rent personally and exclude it from your individual return.

3

Your overall taxable income drops by the full rental amount.

This is the only common place in the tax code where the same dollar produces a business deduction for one party and tax free receipt for the other.

Step by Step

How It Works for Physicians With an S-Corp

The Augusta Rule is mechanically straightforward. Every step matters, and the order matters.

01

Confirm the structure.

You own your primary or secondary residence and you own (or are a beneficial owner of) an S-Corp, a PLLC taxed as an S-Corp, or a partnership with a real need for offsite meeting space.

02

Identify a legitimate business purpose.

Board meetings, annual planning sessions, hiring interviews, business retreats, continuing education for your team. The use must be one your business would otherwise hold elsewhere. Essentially, rather than paying for a hotel conference room or event space, your business is going to rent space from you personally.

03

Determine fair market rental value.

Pull comparable daily rates from at least three independent sources before signing the lease. Keep in mind that if your business is renting a place to conduct a legitimate meeting, then the fair market rent should generally reflect the market for comparable meeting facilities, not the market for renting an entire luxury residence.

04

Sign a written rental agreement

Before the rental day. Include lease term, dates, daily rate, payment terms, and business purpose.

05

Hold the meeting and conduct real business.

Agenda in advance. Sign in attendees. Take minutes that capture decisions made.

06

Pay and record the deduction.

ACH or business check from the entity to your personal account, recorded as rent expense on Form 1120-S. Never cash.

07

Stay under 15 days.

The Section 280A(g) exclusion applies only when the rental period is fewer than 15 days. Day 15 disqualifies the entire benefit.

Determining FMV after the fact, signing a lease retroactively, or paying yourself before the meeting are the patterns that lose the deduction.

Eligibility

Who Qualifies

Eligibility comes down to three things: a separate business entity as tenant, ownership of the home, and a real business reason to use it.

Physicians who can use it:

Practice owners with the practice taxed as an S-Corp or partnership.

1099 physicians with an LLC or PLLC that has elected S-Corp tax treatment.

W-2 physicians who run a separate business taxed as an S-Corp

Dual physician households where each spouse owns a separate S-Corp.

Physicians who cannot use it:

W-2 only physicians with no business entity. There is no second party to rent from.

Sole proprietors. The IRS treats the proprietor and the business as the same taxpayer.

Physicians who do not own the home being rented.

Forming an S-Corp solely to take advantage of the Augusta Rule is rarely worth the compliance cost. The rule works best when the S-Corp already exists for the FICA savings reasons covered in our physician S-Corp election guide, layered on top.

​

Once the structure is in place, the next question is what the rule actually moves on your return.

The Numbers

Real Numbers: What the Augusta Rule Looks Like in Practice

The benefit depends on the daily fair market rental value of your home and your marginal federal and state rate.

Example: Mid-Sized Home, Mid-Cost Market

Daily FMV: $500 (i.e., what this would cost to rent a comparable space, such as a conference room).

14 days rented: $7,000 received personally, excluded from income

S-Corp deducts $7,000 from pass-through income

Marginal rate (federal 32% plus state 5%): 37%

Figures are illustrative. Daily rates depend on what a comparable business space would rent for.

Real World Application

An emergency medicine physician with a consulting S-Corp holds four quarterly planning sessions at her home. She pulls comps showing comparable executive meeting venues at $750 per day, signs a lease before each session, distributes an agenda, and keeps minutes. Four days at $750 adds $3,000 in S-Corp deductions, all of which she receives personally and excludes from income. A practice owner running monthly board meetings up to the 14 day cap would scale into the $10,500 range or higher.

Whether the Augusta Rule fits your situation depends on your entity structure and how your meetings are documented. A planning review confirms both.

Defensible Rates

How to Determine Fair Market Rental Value

The most common reason Augusta Rule deductions are challenged is unsupported daily rates.

The Three Source Standard

Pull comparable daily rates from at least three independent sources before signing the lease:

1

Short term residential rentals in your area: Airbnb and VRBO listings of comparable square footage, bedroom count, and amenities (if it would be ordinary, necessary, and reasonable for the business to otherwise be renting an Airbnb/VRBO for this event).

2

Hotel and conference space that would host an equivalent meeting: full day room rental at a comparable hotel, including catering or AV charges.

3

Event venue or executive suite rates for the same number of attendees and meeting type.

Take screenshots with the date visible and save the URLs. Match for capacity and feature set, not just neighborhood: a six bedroom home hosting an eight person planning session is more comparable to a hotel boardroom than to a one bedroom Airbnb.

What Not to Do

Do not use your own past rate as the only justification.

Do not average a high outlier with two reasonable comps to inflate the rate.

Do not adopt a flat round number without underlying support.

Six Records

Documentation the IRS Expects to See

The Augusta Rule is well settled law. What gets challenged in audit is whether the rental actually happened and whether the rate was defensible. Six records make the difference.

Meeting agenda

Distributed in advance; specific topics, time blocks, decisions to be made

Helps business purpose

Confirms the rent moved

Payment record

ACH receipt or business check stub; bank statements showing the transfer

Attendee sign in

Names, roles, signatures, date

Confirms participants

Helps establish the meeting occurred

Meeting minutes

Contemporaneous; decisions, action items, attendees

Written rental agreement

Establishes the transaction

Signed before each rental period; lease term, dates, daily rate, business purpose

Purpose

Record

Format

Helps defend the rate

FMV substantiation

Three independent comparable listings with dates and screenshots

Retain these records for seven years and store them with your S-Corp books. Clean bookkeeping captures them at the time of the meeting and ties each one to the rent expense entry.

Strong documentation defends the deduction. Weak documentation loses it.

Six Records

Documentation the IRS Expects to See

The Augusta Rule is well settled law. What gets challenged in audit is whether the rental actually happened and whether the rate was defensible. Six records make the difference.

Meeting agenda

Distributed in advance; specific topics, time blocks, decisions to be made

Helps business purpose

Confirms the rent moved

Payment record

ACH receipt or business check stub; bank statements showing the transfer

Attendee sign in

Names, roles, signatures, date

Confirms participants

Helps establish the meeting occurred

Meeting minutes

Contemporaneous; decisions, action items, attendees

Written rental agreement

Establishes the transaction

Signed before each rental period; lease term, dates, daily rate, business purpose

Purpose

Record

Format

Helps defend the rate

FMV substantiation

Three independent comparable listings with dates and screenshots

Retain these records for seven years and store them with your S-Corp books. Clean bookkeeping captures them at the time of the meeting and ties each one to the rent expense entry.

Strong documentation defends the deduction. Weak documentation loses it.

Written rental agreement

Purpose

Establishes the transaction

Format

Signed before each rental period; lease term, dates, daily rate, business purpose

FMV substantiation

Purpose

Helps defend the rate

Format

Three independent comparable listings with dates and screenshots

Meeting agenda

Purpose

Helps business purpose

Format

Distributed in advance; specific topics, time blocks, decisions to be made

Meeting minutes

Purpose

Helps establish the meeting occurred

Format

Distributed in advance; specific topics, time blocks, decisions to be made

Attendee sign in

Purpose

Confirms participants

Format

Names, roles, signatures, date

Payment record

Purpose

Confirms the rent moved

Format

ACH receipt or business check stub; bank statements showing the transfer

Six Records

Documentation the IRS Expects to See

The Augusta Rule is well settled law. What gets challenged in audit is whether the rental actually happened and whether the rate was defensible. Six records make the difference.

Meeting agenda

Distributed in advance; specific topics, time blocks, decisions to be made

Helps business purpose

Confirms the rent moved

Payment record

ACH receipt or business check stub; bank statements showing the transfer

Attendee sign in

Names, roles, signatures, date

Confirms participants

Helps establish the meeting occurred

Meeting minutes

Contemporaneous; decisions, action items, attendees

Written rental agreement

Establishes the transaction

Signed before each rental period; lease term, dates, daily rate, business purpose

Purpose

Record

Format

Helps defend the rate

FMV substantiation

Three independent comparable listings with dates and screenshots

Retain these records for seven years and store them with your S-Corp books. Clean bookkeeping captures them at the time of the meeting and ties each one to the rent expense entry.

Strong documentation defends the deduction. Weak documentation loses it.

What to Avoid

Common Mistakes That Trigger Audits

These are the patterns that draw scrutiny.

!

Rental days on holidays or family events.

Renting on Thanksgiving or a birthday weekend suggests the meeting is a pretext for a family gathering.

!

A daily rate above defensible FMV.

A $5,000 rate on a home that would rent for $800 on Airbnb invites a rate adjustment that wipes out most of the benefit and adds penalties.

!

No real business activity.

A board meeting with one attendee, no agenda, and no minutes is not a meeting. The IRS can recharacterize the payment as a disguised distribution.

!

Cash payments or vague transfers.

Rent must move through traceable channels: ACH or check, S-Corp to personal, recorded as rent expense.

!

Backdated agreements or minutes.

Documents created after the rental day, with metadata that proves it, lose the deduction.

!

Crossing 14 days.

Day 15 eliminates the Section 280A(g) exclusion entirely.

!

Inconsistent treatment between returns.

The 1120-S deducts the rent, but the personal return reports the same amount as Schedule E income because the preparer was unaware of the Section 280A(g) exclusion. Preventable when the same tax team handles both returns.

Every one of these is correctable when the engagement is set up before the rentals happen.

Integration

How the Augusta Rule Fits With Your Other Tax Planning

The Augusta Rule is one item in an integrated physician tax planning year, not a planning item used in isolation. It pairs with:

The S-Corp election itself, the prerequisite for most physicians using this rule. See our physician S-Corp election guide.

The PTET election, which can reduce state tax on the same S-Corp income. See our PTET guide for physicians.

The full inventory of physician deductions, including home office, mileage, and continuing education. See our physician tax deductions guide.

Clean entity formation and bookkeeping. The deduction is only as good as the records behind it. See physician entity formation and our physician specific tax team services.

Augusta Rule appears most often in plans for 1099 physicians and physician practice owners with established S-Corp structures. Doc Wealth's tax team builds the plan around the largest items first and layers Augusta Rule in where documentation supports it.

Answers

Frequently Asked Questions

Have a question that's not here? Your discovery call is the right place to ask. 30 minutes, no obligation.

01

Can I use the Augusta Rule as a W-2 employed physician with no side business?

01

Can I use the Augusta Rule as a W-2 employed physician with no side business?

02

Do I have to be an S-Corp specifically, or can a partnership or LLC work?

02

Do I have to be an S-Corp specifically, or can a partnership or LLC work?

03

What is a defensible daily rate for a physician home under the Augusta Rule?

03

What is a defensible daily rate for a physician home under the Augusta Rule?

04

Can I rent my home to my S-Corp for a team holiday party?

04

Can I rent my home to my S-Corp for a team holiday party?

05

Does the Augusta Rule work in every state?

05

Does the Augusta Rule work in every state?

06

How long do I need to keep Augusta Rule records?

06

How long do I need to keep Augusta Rule records?

Resources

Keep Reading

Physician Holding Company Tax Planning: When a Holding Structure Saves on Taxes

Read more

PLLC vs PC for Physicians: Which Entity Is Right for Your Practice?

Read more

Multi-Member LLC Taxes for Physicians: A Tax Planning Guide

Read more

Late S-Corp Election Relief: Rev. Proc. 2013-30 Explained

Read more

S-Corp State Taxes for Physicians: CA, NY & NJ

Read more

Take the Next Step

Ready to Build a Tax Plan That Includes Augusta Rule the Right Way?

This material is intended for educational and informational purposes only and does not constitute tax, legal, accounting, or financial advice. The content is general in nature and may not apply to your specific circumstances. Tax laws and financial regulations are subject to change and interpretation, and the application of these laws can vary based on individual situations. Before making any decisions, you should consult with a qualified tax advisor, legal counsel, or financial professional.

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