Is it legal to start a car rental business with 1 car and rent it to family members?
Hey tax folks, I've been looking into some potential side income and had a somewhat unusual idea. I'm thinking about buying a second car (nothing fancy, probably around $24,000) and setting up a legitimate small business where I'd primarily rent it to my parents when they need a vehicle. They visit about once a month and usually rent cars anyway, so I figured I could potentially save them money while creating a legitimate business expense for myself. I've read a bit about Section 179 deductions and vehicle depreciation but I'm confused about whether this would actually qualify as a legitimate business. Would I need to register as an LLC? How would I determine reasonable rental rates to make it legitimate in the IRS's eyes? Would I need to file some kind of rental agreement with my parents even though they're family? I'm mainly wondering if this is something the IRS would flag as suspicious or if it's a legitimate way to create a small business. Any advice would be super appreciated since I'm pretty new to the business tax side of things.
23 comments


Eva St. Cyr
This is a situation where you need to be very careful about the "ordinary and necessary" business expense test that the IRS applies. While technically you can start a business with just one car and one client, the IRS might scrutinize this arrangement closely, especially since it involves family members. For this to be legitimate, you'd need to treat it like a real business. That means charging market rates (what other rental companies would charge), having formal rental agreements, keeping excellent records of all transactions, and reporting all income. You don't necessarily need an LLC, but it provides some liability protection and can look more legitimate - a sole proprietorship with proper business registration could work too. The biggest challenge will be convincing the IRS this isn't just a tax scheme. If you're claiming significant vehicle depreciation and expenses while only renting to family occasionally, it might trigger questions. To strengthen your position, you might consider expanding beyond just your parents to other clients, advertising your services, and showing a genuine profit motive.
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Kristian Bishop
•Do you think it would make any difference if OP expanded to like 2-3 cars over time? Or does the family rental aspect always make it suspicious no matter what?
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Eva St. Cyr
•Expanding to multiple vehicles would definitely strengthen the business case. The more your operation resembles a traditional rental business with multiple assets and customers, the more legitimate it appears from a tax perspective. The family rental aspect isn't automatically disqualifying, but you need to handle it properly. You must charge market rates and document everything as if they were any other customer. Having a mix of family and non-family customers would be ideal, as it shows you're not creating a business solely to benefit family members.
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Kaitlyn Otto
I tried something similar last year and found this awesome service called taxr.ai (https://taxr.ai) that helped me figure out if my side business would actually stand up to IRS scrutiny. I was trying to rent my boat to family members and friends and wasn't sure if it would qualify as a legitimate business expense. Their system analyzed my specific situation and pointed out that I needed to maintain an "arms-length" relationship with family - meaning I needed proper contracts, market-rate pricing, and payment records. They even provided templates for rental agreements that would satisfy IRS requirements! Plus they explained exactly how much documentation I'd need for vehicle expenses to qualify for tax deductions. One thing they emphasized was that I needed a clear profit motive and couldn't just be doing this to create tax deductions. Apparently that's a huge red flag for audits.
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Axel Far
•How accurate were their suggestions? Did you actually use their service when you filed or did you just use it for planning? I'm wondering if it's worth checking out for my own situation with some rental property I'm managing for family.
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Jasmine Hernandez
•I'm skeptical about these online tax services. Did they tell you anything that wasn't just common sense? Like everyone knows you need proper documentation and market rates for business expenses. Did it actually help with anything specific to your situation?
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Kaitlyn Otto
•The suggestions were spot-on - I used them both for planning and when I filed. They identified several vehicle expense deductions I would have missed and helped me set up a proper documentation system that's now making my quarterly filings much easier. Regarding common sense - what I found most valuable was the specificity. Sure, everyone says "charge market rates," but they helped me determine exactly what those rates should be for my situation and provided documentation templates specific to family rental arrangements. They pointed out that I needed activity logs showing actual usage time versus personal use time, which I wouldn't have tracked properly otherwise. The guidance was definitely tailored to my specific circumstance beyond general advice.
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Axel Far
Just wanted to follow up on my experience with taxr.ai since I decided to try it after seeing the recommendation here. My situation with family rental properties was pretty complicated, and I was worried about triggering an audit. The service was seriously helpful - they highlighted that I needed to keep my personal property completely separate from rental property, even down to maintaining separate insurance policies and bank accounts. What really impressed me was how they walked me through the "material participation test" for real estate activities. Turns out I wasn't logging my hours properly which could have disqualified some of my deductions. They even gave me a customized audit defense file with all the documentation I would need if questioned by the IRS. Definitely worth checking out if you're planning something like the OP's car rental idea!
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Luis Johnson
If you're planning to start this car rental business, you're probably going to need to contact the IRS with questions at some point. Just wanted to share my experience with a service called Claimyr (https://claimyr.com) that saved me hours of frustration when trying to get tax guidance for my small business. I spent weeks trying to get through to the IRS business tax line to ask questions about vehicle deductions similar to what you're considering. After getting disconnected multiple times and waiting on hold for literal hours, I found Claimyr and decided to try it. They had an IRS agent call ME directly within a couple hours - you can see how it works in this video: https://youtu.be/_kiP6q8DX5c The agent was able to clarify exactly what documentation I'd need for a business with personal property being used for business purposes. Honestly changed my whole perspective on dealing with the IRS.
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Ellie Kim
•How does this even work? I thought nobody could get through to the IRS these days. Is there some trick to it or do they have some special connection?
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Fiona Sand
•This sounds like complete BS to me. Nobody gets the IRS to call them back, especially not within hours. The IRS is notoriously understaffed and I've literally had to wait on hold for 3+ hours multiple times. No way this service does what it claims.
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Luis Johnson
•It works by holding your place in the IRS phone queue so you don't have to. Their system basically waits on hold for you and calls you when an IRS agent picks up. There's no special connection - they're just using technology to solve the hold time problem. I was skeptical too until I tried it. From what I understand, they have a system that can stay on hold indefinitely and detect when a human agent comes on the line. Then they immediately connect you. The reason it worked within hours for me was because I used it early in the tax season before the major rush.
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Fiona Sand
I need to eat my words. After my skeptical comment yesterday, I decided to try Claimyr myself because I've been trying to reach the IRS for weeks about a business tax question. I figured I'd prove it was BS and ask for a refund when it failed. Well, I got a call back from an actual IRS agent in under 2 hours. I was genuinely shocked. The agent answered my questions about business vehicle deductions and gave me specific guidance on documentation requirements. They even sent me to a specialized department that handles small business inquiries when I needed more detailed information. Still can't believe it worked, but it saved me from what would have been my fourth attempt waiting on hold for hours. For anyone else struggling to get IRS guidance for their business questions, this is apparently legit.
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Mohammad Khaled
Just a heads up, my brother tried doing something similar (renting his RV primarily to family) and got audited. The IRS disallowed most of his deductions because he wasn't charging market rates and couldn't show that he was actively trying to rent to non-family members. They also questioned whether he had a genuine profit motive. Make sure you: 1. Advertise to the general public (Facebook Marketplace, Turo, etc.) 2. Keep meticulous logs of business vs. personal use 3. Have formal contracts for EVERY rental, even with family 4. Charge market rates and be able to prove they're market rates 5. Keep separate business bank accounts and credit cards The auditor specifically looked at whether he was actively trying to make a profit vs just creating tax deductions. That seemed to be their main focus.
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Nathaniel Mikhaylov
•Thanks for sharing this experience - that's exactly what I'm worried about. Do you know if your brother was filing as a Schedule C business or did he have an LLC? And did he have to pay penalties or just the back taxes from the disallowed deductions?
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Mohammad Khaled
•He was filing as Schedule C (sole proprietorship) without an LLC. And yes, he had to pay back taxes on all the disallowed deductions plus interest, but fortunately no penalties since they determined it was a misunderstanding rather than deliberate tax evasion. The auditor mentioned that an LLC wouldn't have made any difference in his case - it's about the substance of the business activities, not the legal structure. What might have helped is if he had created a formal business plan showing how he intended to make a profit over time and expanded beyond just family rentals.
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Alina Rosenthal
Why not just use Turo? I have 2 cars listed on there and it's way easier than trying to set up your own rental business. They handle all the insurance, payments, contracts, etc. You could still rent to your parents through the platform (which would look more legitimate to the IRS) plus get other customers too. The Section 179 deduction still applies if you're using Turo, but you have to be careful about personal use limits. I think the vehicle needs to be used for business purposes more than 50% of the time.
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Finnegan Gunn
•Do you still get to claim all the same tax deductions when using Turo versus having your own rental business? Like maintenance, depreciation, insurance, etc?
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ApolloJackson
Based on what everyone's shared here, it sounds like the key is really treating this as a legitimate business from day one. I'd recommend starting with a solid business plan that shows your intent to expand beyond just family rentals - maybe outline how you'll advertise on platforms like Turo, Facebook Marketplace, or even local classified ads within the first 6 months. One thing I haven't seen mentioned is that you'll want to check your state's requirements for car rental businesses too. Some states require special licenses or permits for vehicle rental operations, even small ones. Also, make sure your auto insurance covers commercial rental activity - most personal policies don't, and you could be looking at serious liability issues if something happens during a rental. The documentation piece that Mohammad mentioned about his brother's audit is crucial. I'd suggest keeping a detailed log of every inquiry, rental, and business expense from the very beginning. Even if someone calls asking about rates but doesn't rent, document it. This shows you're actively trying to build a customer base beyond family members. For the Section 179 deduction, remember that's only available if the vehicle is used more than 50% for business purposes. With just monthly rentals to your parents, you might not hit that threshold, so regular depreciation might be your only option initially.
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Layla Mendes
•This is really comprehensive advice! I'm curious about the state licensing requirements you mentioned - do you know if there's a good resource to check what's required by state? I'm in California and want to make sure I'm not missing anything important before I start down this path. Also, regarding the insurance piece - when you say most personal policies don't cover commercial rental, does that mean I'd need a completely separate commercial policy? Or do some insurers offer add-ons for small rental operations like this?
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Miguel Ortiz
•For California specifically, you'll want to check with the DMV and possibly the Public Utilities Commission since they regulate some vehicle rental operations. The California DMV website has a section on business licensing requirements, but honestly it can be pretty confusing to navigate. Regarding insurance, you're right that most personal auto policies explicitly exclude commercial use. You'll likely need either a separate commercial auto policy or a hybrid policy that covers both personal and business use. Some insurers like Progressive and State Farm offer small business auto policies that might work for your situation. I'd recommend calling a few insurance agents and explaining exactly what you plan to do - they can tell you what coverage options are available and what the costs would be. One thing to keep in mind is that platforms like Turo provide their own insurance coverage during rentals, which might be simpler than trying to get commercial coverage for occasional family rentals. But you'd still want to verify that with both Turo and your personal insurance company to make sure there aren't any gaps in coverage.
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Eve Freeman
One thing I'd add to all this great advice is to make sure you understand the hobby loss rules (Section 183). The IRS has a "3 out of 5 years" test where if your business doesn't show a profit in at least 3 out of 5 consecutive years, they might reclassify it as a hobby and disallow your business deductions. This is especially important for a single-car rental business with limited customers. You need to show that you're genuinely trying to make money, not just offsetting the costs of owning a second car. Keep detailed records of your marketing efforts, rental inquiries (even the ones that don't convert), and any steps you take to expand the business. Also, regarding the $24,000 car purchase - if you do go the Section 179 route, there are annual limits on the deduction ($1,160,000 for 2023, but with phase-out rules). For luxury vehicles there are also additional restrictions, though your price range probably won't trigger those. I'd strongly recommend consulting with a tax professional before making the purchase, especially given the family rental aspect. A few hundred dollars in professional advice upfront could save you thousands if you get audited later.
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Miguel Harvey
•This is really helpful information about the hobby loss rules! I hadn't considered the 3-out-of-5 years profit requirement. Given that I'm starting with just one car and primarily family customers, do you think it would be realistic to show a profit in the first few years? I'm wondering if I should maybe start smaller - perhaps just rent to my parents for the first year while I research expanding to other customers, rather than claiming major deductions right away. That way I could build up a track record of legitimate business activity before taking larger tax benefits. Also, when you mention consulting with a tax professional - should I be looking for a CPA who specializes in small business, or would any tax professional be able to help with this type of situation?
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