09. Audit Triggers & Best Practices

Audit Triggers & Best Practices

The Augusta Rule can save thousands — but it’s also prone to IRS challenge when improperly documented or abused.

This page outlines common audit risks and how to protect yourself.


🔺 Common IRS Triggers

These are the red flags that have triggered audits in real cases:

  • ❌ Exceeding the 14-day rental limit

  • ❌ Failing to create or sign a written rental agreement

  • ❌ Using inflated rental rates with no market support

  • ❌ Renting for events with no business agenda

  • ❌ Mixing with a home office deduction

  • ❌ Using the home for entertainment, parties, or social gatherings

  • ❌ Issuing payment from a personal account instead of the business

  • ❌ Receiving a 1099-MISC and not reporting or offsetting it properly

  • ❌ Failure to document the business purpose clearly

📌 IRS applies a “substance over form” test:

If it looks like a personal benefit in disguise, they will disallow the deduction and tax the income.


✅ Audit-Proofing Tips

Area
Best Practice

Rental Rate

Save 3+ market comps. Create a comparison worksheet.

Rental Agreement

Signed in advance. Includes dates, rate, purpose, parties.

Agendas

Typed, with timestamps, topics, attendees.

Invoices

Clearly state: “Rental of personal residence per IRC §280A(g)”

Payment

Sent via business check or ACH. No cash or Venmo.

Recordkeeping

Retain all documents for 7 years.


🧾 What to Keep on File:

  • 📑 Rental agreement

  • 🗓️ Calendar or log showing rental days

  • 📄 Agenda and attendee list

  • 💳 Proof of payment

  • 🧾 Invoice with rate breakdown

  • 🏨 Screenshots or PDFs of comparable rental rates

  • ✍️ Board minutes (if S-Corp or Partnership)


🧠 Best Practices Summary

  • ✅ Treat the transaction like you would with a third party

  • ✅ Match rates to real comps — don’t make them up

  • ✅ Avoid the home office deduction for the same room

  • ✅ Don't blend personal and business use of the space

  • ✅ Keep clean records — you’ll forget next year if you don’t

🧷 If in doubt, over-document. That’s your best audit defense.

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