Business Tax Preparation · Business expenses, deductions and credits

Business rental deduction, including self-rentals

Rent is one of the simplest deductions in the Code and one of the easiest to lose. The deduction itself turns on two conditions in a single clause of IRC § 162(a); everything difficult comes from the taxpayer’s relationship to the landlord, and from a regulation that treats income and losses from the same lease differently.

The rule

The deduction. rentals or other payments required to be made as a condition to the continued use or possession, for purposes of the trade or business, of property to which the taxpayer has not taken and is not taking title or in which the taxpayer has no equity^TY2026Verified 2026-08-21IRC § 162(a)(3), opened at law.cornell.edu/uscode/text/26/162 (IRC § 162(a)(3)). Two conditions, both negative: the taxpayer must not be taking title, and must have no equity in the property.

Acquiring a lease. in amortising the cost of acquiring a lease the term is treated as including all renewal options, and any other period for which renewal is reasonably expected, if less than 75 percent of the cost is attributable to the term remaining on the date of acquisition^TY2026Verified 2026-08-21IRC § 178(a), opened at law.cornell.edu/uscode/text/26/178 (IRC § 178(a)), and in measuring the remaining term, no period for which the lessee may itself renew is counted (IRC § 178(b)).

Renting from a related landlord. where the payee will not include the amount until paid because of their method of accounting, and payee and payer are related persons at the close of the payer's year, the deduction is deferred to the day the amount is includible in the payee's gross income^TY2026Verified 2026-08-21IRC § 267(a)(2), opened at law.cornell.edu/uscode/text/26/267 (IRC § 267(a)(2)). Rent is an expense within the matching rule like any other.

Renting to yourself. gross rental activity income from an item of property, up to the net rental activity income from that item, is treated as not from a passive activity where the property is rented for use in a trade or business activity in which the taxpayer materially participates and is not property described in Reg. § 1.469-2T(f)(5)^TY2026Verified 2026-08-21Reg. § 1.469-2(f)(6), opened at law.cornell.edu/cfr/text/26/1.469-2 (Reg. § 1.469-2(f)(6)). Note what the rule recharacterises and what it leaves alone.

Renting your home to your employer. the home office deduction rules of IRC § 280A(c)(1) and (c)(3) do not apply to any item attributable to renting the dwelling unit to the taxpayer's employer during a period in which the taxpayer uses it in performing services as an employee^TY2026Verified 2026-08-21IRC § 280A(c)(6), opened at law.cornell.edu/uscode/text/26/280A (IRC § 280A(c)(6)).

Current figures

How it works in practice

Read the two conditions in IRC § 162(a)(3) as anti-purchase rules. rentals or other payments required to be made as a condition to the continued use or possession, for purposes of the trade or business, of property to which the taxpayer has not taken and is not taking title or in which the taxpayer has no equity^TY2026Verified 2026-08-21IRC § 162(a)(3), opened at law.cornell.edu/uscode/text/26/162. The clause denies a deduction where the payments are really instalments of a purchase price, and it does so twice over: once by asking whether the taxpayer is taking title, and once by asking whether the taxpayer has equity. A lease with a bargain purchase option, or one under which the payments build toward ownership, fails on the second condition even if title never formally passes during the term. The substance of the arrangement decides it, not its label.

Amortise a lease acquisition cost over a term that may be longer than the lease. in amortising the cost of acquiring a lease the term is treated as including all renewal options, and any other period for which renewal is reasonably expected, if less than 75 percent of the cost is attributable to the term remaining on the date of acquisition^TY2026Verified 2026-08-21IRC § 178(a), opened at law.cornell.edu/uscode/text/26/178 (IRC § 178(a)). The rule exists because a taxpayer who pays a large premium for a lease with a short remaining term and long renewal options is buying the renewals. IRC § 178(b) then closes the obvious response: in working out how much term is left, a period the lessee can bring about by exercising its own option does not count.

Rent to a related landlord runs into the matching rule. where the payee will not include the amount until paid because of their method of accounting, and payee and payer are related persons at the close of the payer's year, the deduction is deferred to the day the amount is includible in the payee's gross income^TY2026Verified 2026-08-21IRC § 267(a)(2), opened at law.cornell.edu/uscode/text/26/267 (IRC § 267(a)(2)). An accrual method operating company that accrues rent to its owner at the year end and pays it in the following March deducts it in the following year. This is the same provision that governs an accrued bonus, and it catches rent just as readily, because IRC § 267(a)(2) speaks of “expenses and interest” without limiting the kind of expense.

Then the self-rental rule, which is the point of this topic. gross rental activity income from an item of property, up to the net rental activity income from that item, is treated as not from a passive activity where the property is rented for use in a trade or business activity in which the taxpayer materially participates and is not property described in Reg. § 1.469-2T(f)(5)^TY2026Verified 2026-08-21Reg. § 1.469-2(f)(6), opened at law.cornell.edu/cfr/text/26/1.469-2 (Reg. § 1.469-2(f)(6)). Read it carefully, because it is asymmetric in a way that is easy to state wrongly:

• Where the arrangement produces net rental income, that income is recharacterised as non-passive. It therefore cannot be used to absorb passive losses from anything else.
• Where the arrangement produces a net rental loss, the rule does not apply — its own words recharacterise “an amount of the taxpayer’s gross rental activity income … equal to the net rental activity income,” and there is no net rental activity income in a loss year. The loss stays passive and is suspended under IRC § 469(b) unless the taxpayer has passive income elsewhere.

The practical consequence is a one-way street. A taxpayer who owns the building and the operating business is taxed on the rent as non-passive income when the building makes money, and cannot deduct the rental loss against the operating income when it does not.

The rule has three conditions and all must hold. The property must be rented for use in a trade or business activity; the taxpayer must materially participate in that activity for the year; and the property must not be described in Reg. § 1.469-2T(f)(5). Rent a building to a business you do not materially participate in and the rule does not apply — the income stays passive and is available to absorb passive losses.

Renting a home to an employer is a dead end. the home office deduction rules of IRC § 280A(c)(1) and (c)(3) do not apply to any item attributable to renting the dwelling unit to the taxpayer's employer during a period in which the taxpayer uses it in performing services as an employee^TY2026Verified 2026-08-21IRC § 280A(c)(6), opened at law.cornell.edu/uscode/text/26/280A (IRC § 280A(c)(6)). The employer deducts the rent, the employee reports it as rental income, and the employee gets no deduction for the expenses of the space. The provision exists precisely to stop an employee converting a disallowed home office into a deductible rental.

How this has changed

None of the provisions on this page was amended by Pub. L. 119-21, so the 2026 rules are the 2025 rules. Two points of history are worth knowing because they explain why the material a reader finds elsewhere is inconsistent.

The self-rental rule is a regulation, and it was litigated for a decade. Reg. § 1.469-2(f)(6) recharacterises income rather than disallowing anything, which is an unusual technique, and taxpayers argued through the 1990s that the Secretary had no authority to write it. The courts of appeals upheld it, and it has been settled law since. Material that presents the point as open is describing a controversy that ended.

IRC § 280A(c)(6) closed a route that had been open. Before it was enacted an employee could rent a room to their employer and deduct the expenses of the room against the rent, converting a home office that failed the convenience-of-the-employer test into a rental. The paragraph switches off IRC § 280A(c)(1) and (c)(3) for exactly that arrangement. The rent remains income and the expenses remain non-deductible, so the arrangement now costs the employee money.

The live change to watch is not in these provisions but in IRC § 469 generally: because IRC § 461(l) became permanent in July 2025, a taxpayer who clears the passive activity rules can still be stopped by the excess business loss limitation immediately afterwards. A self-rental loss that escapes IRC § 469 in a year with passive income then joins the aggregate that IRC § 461(l) tests. The two limitations are sequential, and the second one no longer expires.

Exam focus

The reliable question in this topic is the self-rental rule, and it is reliably tested on the asymmetry. Know that net income is recharacterised as non-passive and a net loss is not, and be ready to reject the answer that lets the loss offset business income.

Know the three conditions in Reg. § 1.469-2(f)(6) and in particular that material participation is measured in the tenant’s activity. A landlord who does not work in the tenant’s business is outside the rule.

For the deduction itself, read IRC § 162(a)(3) as two negative conditions and treat a bargain purchase option as the signal that both fail.

Finally, do not forget IRC § 267(a)(2). A related-party rent accrual is one of the most common ways a deduction moves a year in these facts.

Check yourself

1. A taxpayer materially participates in a manufacturing S corporation and leases it a warehouse he owns personally, producing $30,000 of net rental income. He has $60,000 of suspended passive losses. How much can he free?

Answer: None. gross rental activity income from an item of property, up to the net rental activity income from that item, is treated as not from a passive activity where the property is rented for use in a trade or business activity in which the taxpayer materially participates and is not property described in Reg. § 1.469-2T(f)(5)^TY2026Verified 2026-08-21Reg. § 1.469-2(f)(6), opened at law.cornell.edu/cfr/text/26/1.469-2 (Reg. § 1.469-2(f)(6)) treats the $30,000 as non-passive because he materially participates in the tenant’s business, so it is not passive income and cannot absorb a passive loss.

2. The following year the same lease produces a $30,000 net rental loss. May he deduct it against the corporation’s income?

Answer: No. The regulation recharacterises gross rental income up to the amount of net rental activity income, and there is none in a loss year, so the rule does not apply. The loss is passive and is suspended under a loss or credit disallowed as passive is treated as a deduction or credit allocable to that activity in the next taxable year^TY2026Verified 2026-08-21IRC § 469(b), opened at law.cornell.edu/uscode/text/26/469 (IRC § 469(b)) unless he has passive income elsewhere.

3. A company leases equipment for four years at $2,000 a month with an option to purchase at the end for $10. Is the rent deductible?

Answer: No. rentals or other payments required to be made as a condition to the continued use or possession, for purposes of the trade or business, of property to which the taxpayer has not taken and is not taking title or in which the taxpayer has no equity^TY2026Verified 2026-08-21IRC § 162(a)(3), opened at law.cornell.edu/uscode/text/26/162 (IRC § 162(a)(3)) allows a deduction only where the taxpayer is not taking title and has no equity, and a nominal purchase option means both conditions fail. The payments are instalments of a purchase price: the company capitalises the equipment and deducts the interest element separately.

4. A taxpayer pays $90,000 to acquire a lease with three years remaining and two five-year renewal options exercisable by the lessee. Over what period is the cost amortised?

Answer: Over the term including the renewal options, unless at least 75 percent of the $90,000 is attributable to the three years remaining. in amortising the cost of acquiring a lease the term is treated as including all renewal options, and any other period for which renewal is reasonably expected, if less than 75 percent of the cost is attributable to the term remaining on the date of acquisition^TY2026Verified 2026-08-21IRC § 178(a), opened at law.cornell.edu/uscode/text/26/178 (IRC § 178(a)), and by IRC § 178(b) the renewal periods do not count toward the remaining term when that percentage is tested.

5. An employee rents a spare room to her employer for $400 a month and uses it to work from home. May she deduct the room’s expenses against the rent?

Answer: No. the home office deduction rules of IRC § 280A(c)(1) and (c)(3) do not apply to any item attributable to renting the dwelling unit to the taxpayer's employer during a period in which the taxpayer uses it in performing services as an employee^TY2026Verified 2026-08-21IRC § 280A(c)(6), opened at law.cornell.edu/uscode/text/26/280A (IRC § 280A(c)(6)) switches off IRC § 280A(c)(1) and (c)(3) for exactly this arrangement. She reports the rent as income and gets no deduction for the expenses of the space.