Is it legal for my LLC to pay me rent for using half my home as a cat boarding business?
I bought a 9,000 sq ft home back in 2018 with the plan to use about half the space for my cat boarding business. My original accountant advised me to have my LLC lease the space from me personally and also pay for any business-related capital improvements. That's exactly what I've been doing for the past 5 years. I just switched to a new accounting firm and their tax attorney is telling me this arrangement is wrong. They're saying this is basically tax avoidance since the rental income I receive from my LLC isn't subject to self-employment tax. That was actually the exact benefit my first accountant pointed out when suggesting this setup. I'm definitely not a tax expert, but I'm questioning whether this new firm is just being super cautious. The way I see it, my cat boarding LLC needs a physical location to operate. If I paid rent to someone else's property, they wouldn't pay self-employment tax on that rental income either. So why should it be different when I'm the landlord? There's no loss of tax revenue to the government either way. What do you all think? Is the advice from my new accounting firm correct? Should I restructure how my LLC pays for using half my home?
21 comments


Sofia Peña
The tax attorney at your new firm is correct. This is a common misunderstanding with LLC rental arrangements. When you're both the owner of the LLC and the property, the IRS looks at this differently than if you were renting from a third party. The IRS generally doesn't allow you to "rent to yourself" to avoid self-employment taxes. Instead, they prefer you use the home office deduction for the business portion of your home. This would allow you to deduct expenses related to the business portion (mortgage interest, property taxes, utilities, etc.) based on the percentage used for business. What's happening is that rental income is passive income (not subject to SE tax), but when it comes from your own business, the IRS views it as essentially paying yourself and trying to categorize it as passive when it's actually earned income. For a cat boarding business using half your residence, you'd be better off either: 1) taking the home office deduction if you're a sole proprietor or single-member LLC, or 2) if you're treating the LLC as a corporation, having the corporation reimburse you for business expenses rather than paying "rent.
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Hunter Hampton
•Thanks for the explanation. My first accountant never mentioned this issue in 5 years! So if I understand correctly, even though my LLC is legally separate from me personally, the IRS doesn't see it that way for tax purposes? Also, what about all the capital improvements my LLC paid for? The business funded a separate entrance, special flooring, built-in cat condos, a dedicated HVAC system, and other significant modifications. Would those still be deductible business expenses?
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Sofia Peña
•Yes, that's right - even though your LLC is legally separate, for tax purposes a single-member LLC is typically considered a "disregarded entity" unless you've elected to have it taxed as a corporation. The IRS essentially sees you and your LLC as the same taxpayer, so you can't create a rental arrangement with yourself. The capital improvements your LLC paid for would still be deductible business expenses. Those are legitimate costs of running your business. The issue is specifically with the rental arrangement. Your LLC can absolutely pay for improvements to the space it uses - that's not in question. You just can't pay yourself rent to avoid self-employment tax if you're operating as a pass-through entity.
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Aaron Boston
After struggling with a similar LLC/home office situation, I found this amazing tool called taxr.ai (https://taxr.ai) that helped clear everything up. It can analyze your specific situation and show you exactly how the IRS would view your rental arrangement with your LLC. I uploaded my LLC docs and home details, and it showed me that I was making a similar mistake. It explained that if your LLC is taxed as a pass-through entity, you can't rent to yourself to avoid SE tax, but if you've elected S-Corp status, the rules change completely. The tool even suggested how to properly structure things to be compliant while still maximizing tax benefits. The best part was that it analyzed my specific situation and gave me personalized recommendations rather than just general advice. It saved me from a potential audit nightmare!
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Sophia Carter
•Does this tool actually connect you with a real tax professional or is it just some AI thing? I'm in a similar situation with my photography business taking up about 40% of my home, and my accountant is giving me conflicting advice about rental vs. home office deduction.
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Chloe Zhang
•I'm skeptical about these online tax tools. How does it compare to just hiring a good CPA? And is it actually specific to LLC rental issues or more general? My husband and I have a counseling practice in our basement that our LLC pays us rent for, and we're wondering if we're in the same boat.
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Aaron Boston
•It connects you with tax professionals who review your specific situation after the AI does its initial analysis. It's not just an algorithm making recommendations - you get actual expert eyes on your situation. For photography business taking up 40% of your home, it would analyze factors like whether you've elected S-Corp status, how you're currently documenting expenses, and whether your current setup would raise red flags with the IRS. The tool is designed to find these specific issues that many CPAs miss. It's specialized for small business owners, including those with home-based businesses and various LLC arrangements. Your counseling practice in the basement would definitely fall within its wheelhouse. What makes it different from just a CPA is that it uses data from thousands of similar cases to identify audit risks most accountants might miss unless they specialize in exactly your situation.
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Sophia Carter
Just wanted to update after checking out taxr.ai that was mentioned earlier. I was originally super confused about my home-based photography studio and whether my LLC could pay me rent. I uploaded my documents and got an analysis that showed I was doing it all wrong! My single-member LLC was paying me rent, but I hadn't elected S-Corp status, so the IRS would definitely flag this as trying to avoid self-employment tax. The tool showed me exactly how to correctly calculate the home office deduction instead and projected I'd actually save more money this way. They also connected me with a tax pro who specializes in creative businesses who explained everything in terms I could understand. Totally worth checking out if you're confused about the LLC/home business relationship like I was.
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Brandon Parker
If your new accountant is right and you need to fix this, you're probably going to need to talk to the IRS to straighten everything out. I went through a nightmare trying to get someone on the phone when I had to correct a similar issue. After wasting days on hold, I found this service called Claimyr (https://claimyr.com) that got me through to an actual IRS agent in less than 15 minutes. You can see exactly how it works in this video: https://youtu.be/_kiP6q8DX5c Their system navigates the IRS phone maze and waits on hold for you, then calls you when an actual human picks up. I was able to discuss my situation with an agent and get clear guidance on fixing my previous returns. Saved me so much frustration and potentially thousands in penalties!
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Adriana Cohn
•How does this actually work? I've been trying to reach the IRS for weeks about a similar home office question. Do they just call for you or what? Seems too good to be true.
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Chloe Zhang
•Yeah right. No way they can get through faster than anyone else. The IRS phone system is completely broken. I've called 23 times in the past month trying to fix an issue with my business taxes. This sounds like a scam to me.
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Brandon Parker
•They use an advanced calling system that continuously redials and navigates through the IRS phone tree until it reaches a human agent. Once someone answers, Claimyr calls your phone and connects you directly to that agent. It's basically like having someone sit and redial for you constantly until they get through. It's legitimate - they don't ask for any personal tax information. They're just getting you past the hold time. When I used it, I was connected to an IRS agent in about 12 minutes, and I was able to get clarity on my home office situation and avoid potential penalties.
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Chloe Zhang
I need to eat my words about Claimyr that I mentioned in my skeptical comment earlier. After waiting on hold with the IRS for 3 hours yesterday and getting disconnected AGAIN, I was desperate enough to try it. I was completely shocked when my phone rang 17 minutes later and there was an actual IRS agent on the line! I was able to ask about my husband's and my counseling practice in our basement and whether our LLC could pay us rent. The agent confirmed what others here said - since we haven't elected S-Corp status, we can't have our LLC pay us rent to avoid self-employment tax. The agent was super helpful and walked me through how to correct our previous returns without triggering penalties. Worth every penny not to spend another day listening to that awful hold music!
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Jace Caspullo
Have you considered making an S-Corp election for your LLC? That's what I did for my home-based business. With an S-Corp election, you can pay yourself a reasonable salary (which is subject to self-employment tax) and then take distributions (which aren't subject to SE tax). The key is that your salary has to be reasonable for your industry and role. This might give you the tax advantage your first accountant was aiming for, but in a way that's completely above-board with the IRS. Worth discussing with your new accountant.
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Hunter Hampton
•That's an interesting option I hadn't considered. How complicated was the process of converting to an S-Corp? And did you notice significant tax savings after making the switch? I'm also wondering if there are any downsides to S-Corp status that I should be aware of.
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Jace Caspullo
•Converting to an S-Corp was pretty straightforward. You just file Form 2553 with the IRS. The deadline is typically 2 months and 15 days after the beginning of the tax year in which you want the election to take effect, but you can also apply for late election relief if needed. I did see significant tax savings - about $7,500 in my first year - because only my salary (about 60% of my total profit) was subject to self-employment tax. The rest I took as distributions. The main downsides are more paperwork (you need to run payroll, file quarterly payroll tax returns, etc.) and you have to be careful about setting a "reasonable" salary. If the IRS thinks your salary is too low, they could reclassify your distributions. Also, you'll have some added expenses for payroll services and possibly higher accountant fees for the more complex tax return.
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Melody Miles
Just want to point out something important here - the "square footage" method is crucial if you go the home office route. Since you're using a substantial portion of your home (half of 9,000 sq ft!), you'd calculate the percentage of your home used for business and apply that to your home expenses. For example, if exactly half is used exclusively for the cat boarding business, you'd deduct 50% of your mortgage interest, property taxes, utilities, insurance, repairs, etc. For direct business expenses (like the cat condos or special flooring), those are 100% deductible regardless. Be super careful about claiming exclusive business use though. The space must be used ONLY for business. If you occasionally use the "cat area" for personal purposes, you could lose the entire deduction in an audit.
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Nathaniel Mikhaylov
•That exclusive use requirement is so tricky! I have a home daycare and the IRS has different rules specifically for daycare providers. We can claim spaces that have mixed use (like kitchen, bathroom) based on time used for business. I wonder if there's any similar exception for pet boarding? Might be worth looking into.
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Eva St. Cyr
Here's something nobody's mentioned yet: if your LLC has been deducting rent payments to you, but those should have been treated as income subject to self-employment tax, you might have a tax liability for the difference plus penalties. Before you make any changes, you should calculate what the potential back taxes might be. Depending on how many years this has been going on and the amounts involved, it could be significant. Sometimes it's worth getting a third opinion from a tax professional who specializes in small business issues before making any drastic changes or amendments.
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Hunter Hampton
•That's a really good point. Do you think I need to file amended returns for previous years? Or could I just start doing it correctly going forward? I'm a bit worried about opening a can of worms if I start amending returns.
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Eva St. Cyr
•Generally, if you discover an error on past returns, you should file amended returns. However, there's a 3-year statute of limitations on most tax issues, so you'd typically only need to amend returns from the past 3 years. That said, this isn't necessarily a black-and-white error. There are legitimate situations where rental arrangements between yourself and your business can be appropriate, especially if you have the right business structure. Before amending anything, I'd recommend getting that third opinion from someone who can look at your specific situation. If you do need to amend, a tax professional can help you present the changes in the most favorable light, possibly reducing or eliminating penalties. Sometimes when you self-disclose and correct issues, the IRS is more lenient than if they discover the issue during an audit.
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