The Augusta Rule is powerful, but it doesn’t live in a vacuum.
If you’re using a home office deduction, or plan to, this video is for you.
Here’s why every business owner should have an Accountable Reimbursement Plan in place (even if you rarely use it), how it intersects with the Augusta Rule, and what to avoid so you don’t mess up your deductions.
In this video:
When you do and don’t need an Accountable Reimbursement Plan
Why John doesn’t love reimbursements—but still wants you to have the plan
How the Augusta Rule can interfere with your home office deduction
The smarter, cleaner way to handle reimbursement and compliance
This is how tax strategy should work: clear, smart, and proactive.
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exactly that, a reimbursement plan.
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Sometimes you will spend money on behalf
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of your business. The IRS will respect
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the business reimbursing you for the
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money spent if you have an accountable
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reimbursement plan. Most of the time,
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it’s a pretty simple document. So why do
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I mention it? Because you don’t strictly
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speaking need it for the Augusta rule.
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The Augusta rule can have an indirect
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impact on other things you do. So, let’s
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come back to the generics. The
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accountable reimbursement plan allows
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the business to reimburse you for things
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you paid for. Now, let’s start with
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basics. In general, I don’t like you
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using the accountable reimbursement
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plan. I want every one of you to have it
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just in case. Every taxpayer should have
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this for each business. But, as an asset
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protection lawyer, because remember, I
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wear multiple hats. I’m an accountant.
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I’m a lawyer. Why do I want you to not
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reimburse yourself? Because from an
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asset protection standpoint, I want your
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LLC, your S corp, your CC Corp, whatever
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your entity is to act like a separate
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financial person. What do financial
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people do? They pay their own bills.
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That’s really important from an asset
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protection standpoint. So, in general,
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as a non- tax asset protection lawyer, I
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don’t like businesses reimbursing you
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for things you paid for because the
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business should pay for it. But
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sometimes that’s not possible. And there
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are also sometimes some odd
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circumstances that tax-wise you really
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want the business to reimburse you in
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spite of the asset protection
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implications.
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So, it gets a little convoluted. to
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repeat. Everybody wants to have for
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their business an accountable
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reimbursement plan. I want you to use it
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the least possible. Now, here’s how it
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intersects some with the Augusta rule.
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If you have a home office, you need an
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accountable reimbursement plan. Let me
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repeat that. If you have a home office
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and you write it off, you want an
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accountable reimbursement plan to
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reimburse yourself for the use of the
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home office. Now, if you don’t have a
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home office, if you’re just going to use
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the Augusta rule, there’s no home office
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that you’re using in that personal
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residence, you don’t need to worry about
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this. Would I still use the plan
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document we provide you? So, that in
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general, outside of everything we’re
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talking about, other expenses that you
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reimburse, the IRS respects them. Yes.
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Why do we care? Again, in this specific
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situation, I want an accountable
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reimbursement plan that contemplates you
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reimbursing
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for the use of the home office. That
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way, the Augusta rule does not interfere
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with the home office. The Augusta rule
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improperly used can interfere with your
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home office deduction. We don’t want
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that. Part of planning around such
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interference is making sure that your
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company reimburses you through an
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accountable reimbursement plan for the
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use of your home office completely
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separate from the Augusta rule. That’s
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why we’ve included it. We’re really
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thinking far downstream, not just the
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Augusta rule, but what are the potential
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impacts it can have on other things
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you’re doing? And that’s why we included
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one.