< Back to IRS

Katherine Ziminski

Can I rent my personal car back from my own LLC for tax deductions?

I've been looking into starting a small car rental business lately, and I had this idea that might be too good to be true. Would it be legal for me to transfer ownership of my personal vehicles to an LLC I create, and then have the LLC rent these cars back to me and my husband when we need to use them? I'd document all payments through Venmo or PayPal for record-keeping purposes. The main benefit I see is that the LLC could then write off expenses like mileage, maintenance, insurance, and depreciation as business expenses. Since these are legitimate costs of running a rental car business, it seems like this should work. My thinking is that if the LLC can legally rent cars to strangers and claim these deductions, why couldn't it rent to me (the owner) and my husband as well? As long as we're paying fair market rates and keeping proper documentation, is there anything that would make this arrangement problematic from a tax perspective?

Noah Irving

•

This is something I've seen people try, but there are some definite pitfalls you should know about. The IRS is very familiar with this strategy and scrutinizes these arrangements closely. First, you need to establish a genuine business purpose for the LLC beyond tax savings. If your only customers are you and your husband, the IRS will likely view this as a sham transaction designed solely to create tax deductions. Second, any rental arrangement between you and your LLC must be at fair market value. You can't charge below-market rates to yourself - that would be a red flag. Keep detailed mileage logs, maintenance records, and formal rental agreements. Third, be aware of the "hobby loss" rules. If your LLC consistently shows losses (which is likely if you're claiming all those deductions), the IRS may reclassify it as a hobby rather than a business if you can't show a profit motive and actual profit in at least 3 of 5 consecutive years.

0 coins

Vanessa Chang

•

Thanks for the detailed response. What if I rented my vehicles to actual customers too, not just myself? Like maybe 70% external customers and 30% personal use? Would that help establish it as a legitimate business?

0 coins

Noah Irving

•

That would definitely strengthen your case. Having a significant portion of your rentals go to unrelated third parties helps establish a genuine business purpose. Aim for at least 50% of your rental activity to be with unrelated customers to be safer. You'll also want to maintain separate insurance (commercial) for the vehicles, have formal rental agreements for all customers (including yourself), and ensure all transactions between you personally and your LLC are documented and at market rates. Keep meticulous records of all business activities, marketing efforts, and a business plan showing your profit motive.

0 coins

Madison King

•

I tried something similar last year with my photography equipment. Found this service called taxr.ai (https://taxr.ai) that analyzes your business structure and identifies potential audit risks. They flagged my equipment rental setup immediately and helped me restructure it properly. For your car rental idea, they would check if your arrangement meets the "economic substance" test - basically whether there's a legitimate business purpose beyond tax savings. The software runs your scenario through their database of IRS rulings and court cases. Saved me from what would have been a painful audit situation with my equipment rental arrangement.

0 coins

Julian Paolo

•

How long did the analysis take? I've got a similar situation with some construction equipment I'm thinking about putting in an LLC.

0 coins

Ella Knight

•

Sounds interesting but I'm skeptical. Does it actually have real tax professionals review your specific situation or is it just some algorithm making generalizations?

0 coins

Madison King

•

The initial analysis took about 20 minutes after I uploaded my documents. They have both an AI system and actual tax professionals who review complex cases. For your construction equipment question, they specifically mentioned equipment rental companies require different documentation than vehicle rentals. They provided templates for proper rental agreements and explained how to set appropriate rental rates that wouldn't trigger IRS scrutiny.

0 coins

Ella Knight

•

Just wanted to follow up about taxr.ai - I decided to try it after my skeptical comment above. Uploaded my docs about a rental property I was planning to transfer to an LLC and rent back to myself. The analysis showed I was setting myself up for trouble with the "self-rental rules" in tax code. They identified a much better way to structure it that still gave me legitimate deductions but without crossing into gray areas. The explanation included references to specific tax court cases where arrangements like mine had been challenged. Definitely worth it for peace of mind before making any big business structure decisions.

0 coins

If you do go forward with this, be prepared for IRS contact. I had a similar situation with a boat rental LLC. Spent months trying to get someone at the IRS to answer my questions when they sent me a notice questioning my deductions. Finally found Claimyr (https://claimyr.com) - they got me connected to an actual IRS agent within 48 hours. You can see how it works here: https://youtu.be/_kiP6q8DX5c Honestly, having a direct line to ask specific questions about how to structure the business properly was worth it. The agent actually walked me through exactly what documentation I needed to keep for a vehicle rental business to withstand scrutiny.

0 coins

How does this even work? The IRS never answers their phones - I've tried calling dozens of times about a notice I got.

0 coins

Jade Santiago

•

Yeah right. Nobody gets through to the IRS that fast. Their hold times are legendary. This sounds like a scam to me.

0 coins

It's a priority line service that works with the IRS callback system. They basically secure your place in line and then the IRS calls you back. The reason it works is that they have dedicated resources constantly calling and navigating the IRS phone system. When I used it, I got a callback from an actual IRS agent the next morning who had my case details in front of them. Saved me probably 20+ hours of hold time and frustration.

0 coins

Jade Santiago

•

Had to come back and eat my words. After calling the IRS for 3 weeks straight trying to resolve an issue with my business deductions, I broke down and tried Claimyr. Got a call from an IRS agent within a day who actually knew what they were talking about regarding rental business documentation requirements. The agent explained that for a car rental LLC, I needed to maintain separate books, commercial insurance policies, and formal rental agreements even with related parties. She also mentioned that they specifically look for businesses that only rent to related parties as red flags for audits. Saved me from making a major mistake with my business structure.

0 coins

Caleb Stone

•

One thing nobody's mentioned yet - don't forget about sales tax! In most states, car rentals are subject to sales tax plus additional rental car surcharges. If you set up a legitimate rental car business, you'll need to collect and remit these taxes on ALL rentals, including those to yourself. This can add 10-15% to the cost depending on your state.

0 coins

I hadn't even thought about the sales tax aspect! Is that true even if it's just occasional rentals rather than a full-time rental business?

0 coins

Caleb Stone

•

Yes, unfortunately sales tax obligations typically kick in from the first dollar of rental revenue. Many states don't have minimum thresholds for car rentals like they might for other businesses. Some states even have special car rental excise taxes on top of regular sales tax. It's also worth noting that these taxes would apply to the fair market value of the rental, even if you gave yourself a "discount." The tax authorities want their cut based on what the rental should have cost, not what you decided to charge yourself.

0 coins

Daniel Price

•

Don't forget about insurance complications. I just went through this with my truck. Regular personal auto insurance won't cover commercial use, and most policies specifically exclude rentals. Commercial insurance for a rental fleet is EXPENSIVE - easily 3-4x what you're paying now for personal coverage.

0 coins

Olivia Evans

•

Exactly this! I work in insurance and we decline coverage all the time when we discover people are using personal vehicles for rental businesses. If there's an accident while the car is being "rented" in this arrangement, you'd likely have no coverage at all.

0 coins

Payton Black

•

This is exactly the kind of arrangement that triggers IRS scrutiny. I've been through several business audits and can tell you that related-party transactions are always red flags, especially when they're the primary source of business activity. The key issue is that you need genuine business substance beyond tax benefits. If 90% of your rentals are to yourself and your husband, the IRS will likely classify this as a personal expense disguised as a business deduction. You'd need to demonstrate: 1. Legitimate profit motive with a realistic business plan 2. Majority of rentals to unrelated third parties 3. Market-rate pricing for ALL transactions 4. Proper business formalities (separate books, commercial insurance, etc.) Even if you structure it correctly, expect increased audit risk. The IRS has specific guidelines for rental businesses and they know all the common schemes. Document everything meticulously and consider getting professional advice before proceeding - the potential tax savings rarely justify the compliance costs and audit risks for small operations like this.

0 coins

This is really helpful insight from someone who's been through audits. The point about needing majority rentals to unrelated parties is crucial - I was initially thinking I could just rent to myself and my family, but it sounds like that would be a dead giveaway to the IRS. Do you have any sense of what percentage of third-party rentals would be considered "safe"? Also, when you mention compliance costs, are you talking about things like the commercial insurance and sales tax registration, or are there other ongoing requirements I should know about? I'm starting to think this might be more trouble than it's worth, especially if the audit risk is high even when done correctly.

0 coins

Aisha Mahmood

•

Based on my experience with IRS audits, I'd recommend at least 60-70% third-party rentals to be on safer ground, though there's no magic number that guarantees you won't be scrutinized. The higher the percentage of unrelated party rentals, the stronger your position. Regarding compliance costs, you're looking at commercial insurance (which can be $3000-5000+ annually for even a small fleet), sales tax registration and filing requirements in your state, potential rental car excise taxes, business licensing, and the administrative burden of maintaining separate books and records. You'll also likely need an accountant familiar with rental businesses to ensure proper tax treatment. Most people underestimate these ongoing costs and find that the actual tax savings are much smaller than expected once you factor in the legitimate business expenses and compliance requirements. Unless you're genuinely interested in running a rental car business as a profit-generating venture, the juice usually isn't worth the squeeze from a pure tax optimization standpoint.

0 coins

Sienna Gomez

•

One additional consideration that hasn't been mentioned - you'll need to track personal vs business mileage meticulously. Even with a legitimate rental arrangement, the IRS will want to see that you're not double-dipping on deductions. If you're "renting" your car from your LLC but then trying to deduct business mileage for work trips, that could be problematic. The LLC would typically be responsible for all vehicle-related deductions (maintenance, depreciation, insurance) while you pay rental fees, but you can't also claim mileage deductions as an individual. Also worth considering: if your LLC owns the vehicles, you'll need to transfer titles, which may trigger sales tax in some states and could affect your ability to get favorable personal auto loan rates in the future. The vehicles would also become business assets subject to potential creditor claims if the LLC faces any liability issues. The administrative complexity really adds up quickly, and that's before you even get to the tax implications others have mentioned.

0 coins

Ethan Clark

•

This is a really important point about the mileage deduction issue that I hadn't considered. So essentially, if the LLC owns the car and I'm paying rental fees, I can't also claim business mileage as an individual taxpayer - it would have to be one or the other? The title transfer triggering sales tax is another cost I didn't factor in. Between that, the commercial insurance, potential sales tax registration, and all the administrative overhead everyone's mentioned, it's starting to look like the actual tax benefits would be pretty minimal after accounting for all the legitimate costs of running this as a real business. Thanks for bringing up the creditor liability aspect too - I hadn't thought about how putting personal vehicles into an LLC might expose them to business creditors if something went wrong. That's definitely a risk I need to weigh carefully.

0 coins

Exactly right on the mileage deduction issue - it's an either/or situation, not both. If the LLC owns the vehicle and you're paying rental fees, then the LLC gets to claim all the vehicle-related deductions (depreciation, maintenance, insurance, etc.) while you pay market-rate rental fees. You can't then turn around and also claim business mileage deductions on your personal return for using that same vehicle. The title transfer sales tax can be substantial depending on your state - some charge the full rate on the vehicle's current value, which could easily be thousands of dollars. And yes, once the vehicles are LLC assets, they become part of the business's balance sheet and could potentially be reached by business creditors. Given all these factors - the commercial insurance costs, sales tax implications, administrative burden, audit risk, and the need for genuine third-party rental activity - most people find that a simple mileage log for legitimate business use ends up being far more cost-effective than trying to create a rental arrangement with their own LLC. The complexity and costs usually outweigh the potential tax benefits unless you're genuinely building a rental car business.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
21,725 users helped today