1
14 days maximum - counted per dwelling unit per year. If you rent for 15+ days, IRC 280A(g) does not apply and all rental income is taxable (and you enter the complex mixed-use rules of IRC 280A(c)-(e)). Count carefully. IRC 280A(g)(1).
2
Fair rental value - the most audited element. The rental rate must equal what an unrelated third party would pay for the same space on the same terms. Get at least 2-3 comparable venue quotes in writing before the meeting. A rate above FMV shifts what should be tax-free exclusion to compensation income.
3
Legitimate business purpose. The meeting must have a real business purpose: board meetings, corporate planning sessions, training, strategy sessions. Social gatherings, holiday parties with minimal business content, and personal events dressed up as business meetings do not qualify. Keep a detailed agenda, attendance list, and minutes.
4
Written rental agreement between you and the business. Treat this as an arm's-length transaction. Written lease or rental agreement signed by both parties. Specify: dates, rate, purpose, payment terms. The business should actually pay you via check or wire - not just a paper entry.
5
The business must actually deduct the expense. The deduction on the business side (IRC 162) must be taken. Without the business deduction, the structure loses its tax efficiency. Ensure the S-corp or C-corp books record the expense and it flows through on the return.
6
State conformity - verify your state. IRC 280A(g) is a federal exclusion. States including California and New York do not conform and may tax the rental income as ordinary income. Add state tax into your analysis.
7
No offsetting deductions on Schedule E. Under IRC 280A(g), no deductions are allowed for expenses allocable to the rental days (other than expenses allowable regardless of rental use, like mortgage interest and property taxes on Schedule A). The exclusion is clean - no depreciation, no prorated utilities.
IRC 280A(g) (14-day rental exclusion - rental income not included in gross income if rented fewer than 15 days); IRC 280A(g)(1) (gross income exclusion); IRC 280A(g)(2) (no deductions allowed for expenses related to excluded rental); IRC 162 (ordinary and necessary business expense - rental payment deductible by business); Weightman v. Commissioner, TC Memo 2011-81 (IRS successfully challenged inadequate documentation); IRS Audit Technique Guide - Business Use of Home (guidance on IRS examination approach).