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Mei Lin

SCorp self rental of personal residence - handling deductions correctly

Title: SCorp self rental of personal residence - handling deductions correctly 1 I need some advice about S Corporation self-rental situations. I recently took on a client who has an S Corporation that manufactures clothing in the basement level of their personal residence. The corporation has been paying rent to the owner for using this space (about 30% of the home's square footage). Currently, the owner reports this rental income on Schedule E and deducts a percentage of utilities, property tax, mortgage interest, and takes depreciation on that portion of the home. I'm questioning if this is the correct approach since it's a self-rental involving their primary residence. Should they actually be using an accountable plan where the business reimburses specific home expenses rather than paying rent that gets reported on Schedule E? If an accountable plan is the right approach, is there anything we can do to correct the 2023 filings which didn't use an accountable plan? Any guidance or IRS publications I should review would be greatly appreciated.

Mei Lin

8 This situation can definitely be handled in a couple different ways, but it's important to get it right. First, there's nothing inherently wrong with the S Corp paying rent to the owner for business use of the home - that's a legitimate arrangement. However, there are specific rules when it comes to using part of your personal residence. When the owner receives rental payments from their S Corp for use of their primary residence, those payments are indeed reportable on Schedule E. The catch is that because this is a "self-rental" situation (related parties), you need to consider passive activity rules. The rental activity is typically considered passive, but since the owner materially participates in the S Corp, the self-rental rules would recharacterize any net rental income as nonpassive. As for expenses, they can still deduct the appropriate percentage of mortgage interest, property taxes, insurance, utilities, repairs, and depreciation on Schedule E. However, the home office deduction rules (which limit deductions for business use of home) don't apply to Schedule E rentals - those rules are for Schedule C business use of home. The accountable plan approach is an alternative worth considering, especially if it results in better tax treatment. With an accountable plan, the S Corp would reimburse the owner for the business portion of actual expenses rather than paying rent.

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Mei Lin

15 Thanks for the detailed explanation. I'm still a bit confused though - I thought that when you rent part of your primary residence to your business, you can't treat it as a rental property on Schedule E? Doesn't Section 280A limit the deductions available when renting part of your personal residence to your business? Or am I mixing up different rules?

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Mei Lin

8 You're actually bringing up a good point about Section 280A. This section does impose limitations on deductions for business use of a dwelling unit that the taxpayer uses as a residence. Section 280A(c)(6) specifically addresses the situation where a taxpayer rents a portion of their dwelling unit to their employer (including an S Corporation they control). In this case, deductions for the rental use are subject to the overall limitation that they cannot exceed the rental income. So while the rental can be reported on Schedule E, the deductions are effectively capped at the rental amount. This is why some tax professionals prefer the accountable plan approach. With a properly structured accountable plan, the S Corp reimburses the owner for legitimate business expenses, the reimbursement is not taxable to the owner, and the S Corp gets the deduction. It can be cleaner from a documentation standpoint and potentially more advantageous.

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Mei Lin

12 After dealing with a similar issue for my clothing design business, I discovered taxr.ai (https://taxr.ai) and it was super helpful for analyzing my self-rental situation. I was confused about whether to report rental income on Schedule E or use an accountable plan for my home studio space. The site analyzed my corporate documents and rental agreement, then outlined the pros and cons of both approaches. It highlighted that with the self-rental on Schedule E, I needed to be careful about Section 280A limitations and passive activity rules. For my situation, an accountable plan ended up being cleaner tax-wise. Their analysis saved me tons of research time and helped me avoid potential audit flags. They also provided templates for setting up an accountable plan properly going forward. Might be worth checking out for your client's situation!

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Mei Lin

17 How long did it take for them to analyze your documents? I've got a client in a similar situation but with a much more complex setup - they have multiple business entities using different portions of their home.

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Mei Lin

4 I'm skeptical about these kinds of services. Did they actually provide specific advice tailored to your situation or just general information you could find anywhere? And how do they handle state-specific tax issues? My S-corp is in California where the rules can be different.

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Mei Lin

12 It took less than 24 hours to get my analysis back, which was surprisingly fast. I uploaded my documents in the evening and had results the next afternoon. For state-specific issues, they actually did address California's specific requirements in my case. They noted where federal and state treatments diverged and flagged some California-specific documentation requirements I wasn't aware of. It wasn't just general information - they referenced my actual documents and pointed out specific issues with my rental agreement that could be problematic in an audit.

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Mei Lin

4 I have to say, I was initially skeptical about taxr.ai when I saw it mentioned here, but I decided to give it a try with my complex multi-entity situation. I'm genuinely impressed with the detailed analysis they provided. They identified several issues with how I was handling my home office deductions across my different business entities and gave me specific recommendations for restructuring things. The most valuable part was their explanation of how to properly document an accountable plan that would stand up to IRS scrutiny. They provided templates and a step-by-step implementation guide tailored to my specific situation. This cleared up confusion I've had for years about whether I should be using Schedule E or an accountable plan for different spaces in my home. If you're wrestling with S Corp self-rental issues, it's definitely worth checking out.

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Mei Lin

9 After struggling to get through to the IRS for clarification on self-rental rules for months, I finally tried Claimyr (https://claimyr.com) and was able to speak directly with an IRS representative within 45 minutes instead of waiting on hold for hours. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed that for an S Corp owner renting part of their personal residence to their business, you can use either Schedule E reporting (subject to Section 280A limitations) or an accountable plan approach. They recommended the accountable plan for cleaner documentation and potentially better tax treatment in most cases. For your question about 2023, the agent said you could file an amended return if the current approach isn't optimal. But most importantly, they clarified the documentation needed going forward regardless of which approach you choose.

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Mei Lin

6 Wait, how does this service work exactly? I thought it was impossible to get through to the IRS these days. Is this some kind of priority line that costs extra or something?

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Mei Lin

5 I'm extremely skeptical. I've tried everything to get through to the IRS about my SCorp questions and always end up waiting for hours only to get disconnected. How could this possibly work? Sounds too good to be true.

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Mei Lin

9 It's not a priority line - they use technology to navigate the IRS phone system and wait on hold for you. When they reach a representative, you get a call back to connect with the agent. No special access, just a smarter way to deal with the hold times. The system calls you back once an actual IRS agent is on the line, so you don't waste hours listening to hold music. It saved me an entire afternoon of productivity.

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Mei Lin

5 I have to admit I was completely wrong about Claimyr. After posting my skeptical comment, I decided to try it anyway out of desperation. Within 37 minutes, I was talking to an actual IRS agent who specialized in business entities. The agent walked me through the exact documentation requirements for self-rentals versus accountable plans for S Corps. She explained that while both approaches are legitimate, an accountable plan typically provides cleaner documentation and potentially better tax treatment in most self-rental situations involving a primary residence. For anyone dealing with S Corp self-rental issues and needing official clarification, this service is a game-changer. I wasted so much time trying to interpret conflicting information online when I could have just asked the IRS directly.

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Mei Lin

2 One important consideration that hasn't been mentioned: if your client has been taking significant depreciation deductions on Schedule E for the portion of the home used by the business, switching to an accountable plan could impact the depreciation recapture situation down the road when they sell the house. Under the Schedule E approach, they've been reducing their basis in that portion of the home. With an accountable plan, the S Corp would be reimbursing for direct expenses without the owner claiming depreciation on their personal return. The Section 121 exclusion ($250k/$500k for primary residence) wouldn't apply to the business portion that's been depreciated. Worth discussing with your client before making any changes.

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Mei Lin

19 Isn't there also something about self-rental income being treated as non-passive? How would that factor into all of this?

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Mei Lin

2 Yes, that's a good point about the self-rental income. Under the "self-rental rule" or "recharacterization rule" in Reg. 1.469-2(f)(6), net rental income from property rented to a business in which the taxpayer materially participates is treated as non-passive income. So if the rental activity generates net income, it would be recharacterized as non-passive income, which means it can't be offset by passive losses from other activities. However, if the rental activity generates a loss, it remains passive and subject to the passive activity loss limitations. This is another factor that might make the accountable plan approach more attractive in some situations, as it avoids these passive/non-passive complications entirely.

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Mei Lin

7 Another consideration is whether your client's S Corp has other shareholders or if it's 100% owned by the person whose home is being used. That can affect the most advantageous approach. If there are multiple shareholders, using an accountable plan ensures that the corporation is only reimbursing the exact business expenses rather than potentially overpaying rent that benefits one shareholder personally - which could create dividend distribution issues for the other shareholders. Also, make sure whatever approach you take is supported by proper documentation - ideally a written lease agreement for the rental approach or a formal accountable plan policy for the reimbursement approach.

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Mei Lin

11 That's a great point about multiple shareholders! I've seen this create problems when not handled properly. Do you have any examples of what a proper accountable plan document should include for this specific situation?

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A proper accountable plan document for home office reimbursement should include several key elements: (1) A clear business connection requirement - expenses must be incurred in connection with the employee's performance of services, (2) Adequate substantiation requirements - receipts, invoices, and documentation of the business use percentage, (3) Reasonable time limits for submitting expense reports (typically 60 days), (4) Return of excess reimbursements within 120 days, and (5) Specific coverage of allowable expenses like utilities, insurance, repairs, and maintenance proportionate to business use. The plan should also specify the method for calculating the business use percentage (square footage, rooms, etc.) and require periodic review. For S Corp situations, it's crucial that the plan applies equally to all employee-shareholders to avoid constructive dividend issues. I'd recommend having the plan formally adopted by corporate resolution and reviewed annually.

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One thing I'd add to this excellent discussion is the importance of fair market value when setting rental rates for the self-rental approach. The IRS scrutinizes related-party transactions closely, so the rental rate should be comparable to what an unrelated party would pay for similar space in your area. I've seen situations where taxpayers set artificially high rental rates to maximize deductions, which can trigger audit attention. Conversely, setting rates too low might not maximize the business deduction benefit. For the accountable plan approach, make sure you're only reimbursing actual business expenses and maintaining detailed records. The key advantage is that properly structured accountable plan reimbursements aren't taxable income to the recipient and are fully deductible by the S Corp. Given the complexity and potential audit exposure, I'd strongly recommend documenting whichever approach you choose with formal written agreements and consistent year-over-year treatment. Switching approaches frequently can raise red flags with the IRS.

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This is really helpful information! As someone new to dealing with S Corp tax issues, I'm curious about the documentation requirements you mentioned. How detailed do the records need to be for an accountable plan? For example, if the S Corp is reimbursing for utilities, do you need to keep separate utility bills or is it sufficient to calculate the business percentage of the total bill and reimburse that amount? Also, what's the best way to establish that fair market rental rate you mentioned - are there specific resources or methods the IRS prefers for determining comparable rates?

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For accountable plan documentation, you'll want to maintain the original utility bills and document your business use percentage calculation method (typically based on square footage used for business vs. total square footage). The S Corp should reimburse based on this percentage, and you should keep records showing how you arrived at that percentage. Monthly reconciliation statements showing the business portion of each expense are also helpful. For establishing fair market rental rates, I typically use a combination of approaches: commercial real estate websites like LoopNet for comparable spaces, local commercial brokers for market surveys, and sometimes formal appraisals for higher-value situations. The IRS doesn't prescribe a specific method, but they want to see that you made a reasonable effort to determine market rates. Document your research process - save screenshots of comparable listings, broker quotes, or appraisal reports. One practical tip: many CPAs create a simple spreadsheet showing 3-5 comparable properties with their rates per square foot, then use the average or median as justification for the rate chosen. This creates a clear audit trail if questions arise later.

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This is such a timely discussion! I'm dealing with a similar situation with one of my clients who runs a consulting business from their home office. After reading through all these comments, I'm leaning toward recommending the accountable plan approach for them. One thing I'd add is the importance of getting the square footage measurements right from the beginning. I've seen taxpayers get tripped up by inconsistent measurements between their home office deduction calculations and their rental or reimbursement calculations. Make sure you're measuring the same spaces the same way year over year. Also, for those considering the accountable plan route, don't forget about the potential benefits during an audit. The IRS tends to view properly documented accountable plans more favorably than self-rental arrangements, especially when the rental rates might seem aggressive. The documentation trail is typically cleaner and easier to defend. Has anyone had experience with how state tax authorities handle these arrangements differently from the federal treatment? I'm particularly curious about states that don't follow federal S Corp elections.

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Great point about the square footage consistency! I've seen that trip up clients too. Regarding state tax treatment, I can share some experience with a few states. California generally follows the federal treatment for S Corps but has stricter documentation requirements for home office deductions. New York can be tricky - they sometimes challenge self-rental arrangements more aggressively than the IRS, especially if the rental rates seem high relative to the area. Texas (no state income tax) obviously isn't an issue, but states like Illinois and Pennsylvania tend to follow federal treatment closely. The key is making sure your documentation supports whatever approach you choose at both levels. I'd recommend checking with a local tax professional familiar with your specific state's quirks, since some states have their own versions of Section 280A limitations that might affect the analysis differently than federal rules.

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This is an excellent thread with lots of practical insights! As someone who's dealt with similar S Corp home office situations, I wanted to add a perspective on the timing considerations for making this decision. If your client has been consistently using the Schedule E rental approach for several years, switching to an accountable plan mid-stream requires careful consideration of the tax implications. You'll want to look at the cumulative depreciation taken on Schedule E, as this affects the basis in their home and potential recapture issues down the road. One approach I've successfully used is to run both scenarios (continuing with Schedule E vs. switching to accountable plan) to see the net tax impact over a 3-5 year period, including factoring in potential sale of the residence. Sometimes the depreciation recapture issue makes it worthwhile to stick with the current approach, especially if the rental income has been minimal. For the 2023 correction question, I'd recommend calculating both methods and only amending if there's a significant benefit. The IRS tends to scrutinize frequent changes in methodology, so you want to make sure you're settling on the approach you'll stick with long-term. Also worth noting: if your client is planning to expand their business use of the home or potentially move the business out of their residence in the near future, that could influence which approach makes more sense from a long-term planning perspective.

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