Passive activity self-rental rule applies to S corporations
Abstract: People who own both property and a business have an obvious temptation to lease that property to the business. But they need to be careful — they risk triggering the self-rental rule and catching the eye of the IRS. This article reviews the rule, summarizes one couple’s creative attempt to get around it by using an S corporation to lease their property to their business, and discusses the resulting court case. A sidebar explains how “grouping” may allow one to avoid the negative tax repercussions of the self-rental rule.