Augusta Rule Explained by a Tax Attorney (and how Tax Court views the Loophole)

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  • čas pƙidĂĄn 1. 01. 2024
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Komentáƙe • 10

  • @JulioRamos-hg8dv
    @JulioRamos-hg8dv Pƙed 2 měsĂ­ci

    As always impeccable exposition on this matter.

  • @jameszeris5418
    @jameszeris5418 Pƙed 2 měsĂ­ci

    As a CPA I do have three years of law and LLM classes. I understand what you’re saying, but I have talked to many CPAs with no Law School with an MST and frankly they top-notch.

  • @samwill226
    @samwill226 Pƙed měsĂ­cem

    I own a small insurance agency. I just wanted to do like $700 a day based on other meeting rental places around me. Once a month, am I still at high risk? I'm a single owner but I "can" have my employees over for a training for a few hours. I also typed up a rental agreement based on a 14 day rental for $700 per day. How risky is it for me to do this? Basically $8400 a year/$700 a day for 14 days to the tenants discretion.

    • @K7ZHK
      @K7ZHK Pƙed měsĂ­cem +1

      I’m going to assume that what she meant is that anyone using this will throw off some kind of flag in the system since it’s usually a transaction with yourself or your own company.
      As long as the amount is the fair market value and you keep very detailed records you’ll likely be fine. Most of us don’t know when we are audited because they don’t see anything worth pursuing.

    • @samwill226
      @samwill226 Pƙed měsĂ­cem

      @@K7ZHK Yeah I just need some tax breaks and I don't make much at all. I was figuring $700 was what those daily meeting places cost around me on average so used that number. I have two employees, one is an in-law so I have no issue doing something work related here once a month.

    • @RealHankShill
      @RealHankShill Pƙed měsĂ­cem

      @@samwill226i would look at what similar rentals to your house cost on airbnb and others for the dates used. If you think about it from a business point of view, thats how a business might rent a private residence.
      The problem with using meeting halls, is your house isnt a meeting hall. I would try to appraise it based on other private residence rentals in your area.

  • @Brian-ve6kv
    @Brian-ve6kv Pƙed 3 měsĂ­ci

    The IRS clearly disagrees with you. Per IRS Pub 538 on accounting methods: "Related Persons:
    Business expenses and interest owed to a related person
    who uses the cash method of accounting are not deductible until you make the payment and the corresponding
    amount is includible in the related person's gross income."

    • @taxleverage
      @taxleverage  Pƙed 3 měsĂ­ci +6

      IRS Publications are not law, they are IRS favorable rephrasing or summarization of the law. The actual law, in order of authority, is statute, Treasury Regulations, and court cases. The law that your quoted publication section is attempting to summarize is IRC 267(a)(2) and it states that " *If by reason of the method of accounting of the person to whom the payment is to be made* , the amount thereof is not (unless paid) includible in the gross income of such person, and at the close of the taxable year of the taxpayer for which the amount would be deductible under this chapter,...then any deduction allowable under this chapter in respect of such amount shall be allowable as of the day as of which such amount is includible in the gross income of the person to whom the payment is made..."
      The Augusta Rule rent payment is not includible in gross income by reason of statute in 280A(g), NOT "by reason of the method of accounting," therefore this statute does not prevent the deduction even if it is made between related parties.

    • @Trademarkboss
      @Trademarkboss Pƙed měsĂ­cem

      @@taxleverage consider recording a video about what consists of tax law. Maybe title could be "How I know my sh*t" 😅

  • @jameszeris5418
    @jameszeris5418 Pƙed 2 měsĂ­ci

    However, I think your videos are excellent keep it up and I agree with you these people with their EA they come on here and start saying that they are the top experts and Tax, which is really nonsense