06. IRS Forms & Publications

IRS Forms & Publications

Even though the Augusta Rule income is excluded from taxation, it still interacts with standard IRS forms — especially if:

  • Your business accidentally issues a 1099-MISC

  • You itemize deductions on your personal return

  • The IRS auto-matches reported income

This page outlines the key forms involved and how to stay compliant.


🧾 Schedule A (Form 1040) – Itemized Deductions

This is where you normally deduct:

  • 🏠 Mortgage interest (subject to limits)

  • 🏡 Real estate property taxes

✅ These deductions are still allowed, even if you used the Augusta Rule — because they’re not linked to rental activity under §280A(g).

📎 IRS Publication 936 – Home Mortgage Interest Deduction


🧾 Schedule E (Form 1040) – Rental Income & Loss

Normally used to report rental activity.

BUT — if you’re using the Augusta Rule correctly:

  • 👎 Do not report income from ≤14-day rentals

  • 👎 Do not deduct any expenses for those days

  • Exception: If your business sends you a Form 1099-MISC


💡 What to Do if You Receive a 1099-MISC

If your business accidentally issues you a 1099 for Augusta Rule rental:

  1. Report the 1099-MISC income on Schedule E

  2. Create a matching expense entry labeled:

    “Offset – Non-taxable under IRC §280A(g)”

🎯 This keeps your return balanced and avoids triggering an audit.

📎 IRS Instructions: Schedule E


🧾 Form 1099-MISC – Issued by Your Business

Should you issue it?

No, if under 14 days ❗ Maybe, if your business has a policy to issue 1099s for all payments

If one is issued, follow the offset method above.

📎 IRS: About Form 1099-MISC


  • IRS Publication 527 – Residential Rental Property Covers the Augusta Rule’s 14-day rule and expense limitations 📎 IRS Pub 527

  • IRS Topic No. 415 – Renting Residential Property Short summary of the “less than 15 days” rule 📎 Topic 415 – IRS.gov


✅ Summary

Topic
Rule

Schedule A

✅ Deduct mortgage interest & property taxes

Schedule E

🚫 Don’t report ≤14-day rent, unless 1099 is issued

1099-MISC

⚠️ Offset income on Schedule E if received

Pub 527

✅ Explains Augusta Rule tax-free treatment

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