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Tax strategy · IRC §§ 280A(g), 3121(b)(3)

The Augusta rule and family payroll: real savings when the facts are real.

Renting your home to your business for a few days a year and employing your children are both allowed by the Code, and both are heavily promoted. Each works only with fair rent, real business use, real work and records made at the time.

Forms & standards
IRC § 280A(g)IRC § 162IRC § 3121(b)(3)(A)IRC § 3306(c)(5)IRC § 73IRC § 63(c)(5)

Serving United States, Virginia, Washington, DC, Maryland.

What we handle

How each strategy works

Under section 280A(g), if you rent your home for fewer than 15 days in a year, the rental income is not taxable and no rental deductions are allowed. When your business rents your home for genuine business meetings, the business may deduct a fair rent under section 162 while you exclude it. The rent must match what comparable venues charge, the meetings must be real, and the business needs agendas, attendance and invoices.

Wages paid to your children for real work are deductible to the business and taxed to the child, who can use the standard deduction against earned income. Under section 3121(b)(3)(A), a child under 18 employed by a parent's sole proprietorship, or a partnership owned only by the parents, is exempt from Social Security and Medicare tax, and under section 3306(c)(5) from federal unemployment tax until age 21. These exemptions do not apply to wages paid by a corporation, including an S corporation.

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  • Fair rent supportQuotes from comparable meeting spaces in your area.
  • Meeting recordsAgendas, attendees, minutes and invoices for each rental day.
  • Day countKeeping total rental days under 15 for the year across all renters.
  • Children's job descriptionsAge-appropriate duties, timesheets and pay at market rates.
  • Payroll and entity reviewW-2 reporting and whether the payroll tax exemptions apply to your entity type.
  • Retirement accountsRoth IRA contributions funded by the child's earned income.
  • State payroll rulesState withholding, unemployment and child labor requirements.
  • Audit defenseSupporting rent and wages if the IRS questions them.

Where we help

What the Tax Court has said

2023

Sinopoli v. Commissioner, T.C. Memo. 2023-105

An S corporation paid its owners $81,000 to $113,000 a year to rent their homes for monthly meetings. With no appraisal, vague records and unsupported rates, the court allowed only the much lower amount the IRS accepted.

Statute

IRC § 280A(g)

Rent for fewer than 15 days is excluded, but the deduction to the business still requires an ordinary, necessary and reasonable expense.

Statute

IRC § 3121(b)(3)(A)

Children under 18 working for a parent's sole proprietorship or parents-only partnership are exempt from FICA; corporate employers get no exemption.

Lesson

Fair value and records

Promoter templates with inflated daily rates and no meeting records fail.

Our approach

How the engagement runs.

Review

Entity type, meeting needs and family roles.

Set up

Rental agreements, rate support, payroll and job descriptions.

Record

Agendas, timesheets and invoices through the year.

Report

Correct filing for the business, owners and children.

Questions

Frequently asked

If your question isn't here, call (703) 880-8412 and you'll reach a person.

How much rent can my business pay me under the Augusta rule?

Only a fair rate for comparable space for the meeting you actually hold, such as a hotel meeting room or event venue nearby. Sinopoli shows that unsupported high rates are cut.

Can I use the Augusta rule for my own personal gatherings?

No. The business deduction requires a real business purpose, such as a board, staff or planning meeting.

Do the 14 days include other renters?

Yes. The exclusion applies only if the home is rented fewer than 15 days in total for the year.

How young can my children be to work in the business?

There is no fixed minimum for tax purposes, but the work must be real, age-appropriate, documented and paid at a reasonable rate. State child labor laws also apply.

Does the payroll tax exemption work with an S corporation?

No. Wages a corporation pays to the owner's children are subject to Social Security, Medicare and unemployment tax.

Can a child's wages fund a Roth IRA?

Yes. Earned income up to the annual limit can be contributed to a Roth IRA in the child's name.

Latest updates

IRS & federal tax

All IRS & federal tax updates
Nov 5, 2026IRS & federal tax

IRS releases 2027 inflation adjustments (Rev. Proc. 2026-35)

For 2027 the joint-return standard deduction rises to $33,200, the estate tax basic exclusion to $15,480,000, the annual gift exclusion to $20,000 and the Section 179 expensing limit to $2,640,000. Our advisors recommend revisiting year-end gifting and equipment purchase plans with these figures in mind.

Source: IRS (IR-2026-133)

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