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Level 6
April 25, 2025
Solved

Agricultural Lodging

  • April 25, 2025
  • 2 replies
  • 21 views

Hi,

I have a client in Colorado that farms land in Texas. During the farming season, he hires contractors to do the work. Last year, his company rented apartments near the land to house the contractors and purchased 2 small homes for the same reason. I don't believe he can deduct the rent but I came across something in Pub 225 that talks about being able to deduct the costs of maintaining houses and their furnishings for tenants or hired help as farm business expenses. 

Thoughts?

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Best answer by sjrcpa

@sjrcpa  If they were exempt, IRS wouldn't have Form 943.  

Where I'm from, "contractors" means "of course they don't have SSNs, you think we could get Americans to do this job?"


@BobKamman I forgot about Form 943, or blocked it from memory. My first job in public accounting was for a small firm that had a lot of farm clients. Oh so many years ago.

 

I wasn't going to go into the legal status of the workers, but I thought about it. I'm sure all of the visas and permits are in good order. 😉

2 replies

sjrcpa
Level 15
April 25, 2025

Probably deductible. Research some more.

Also - should the housing costs be taxable to the Contractors?

Should the Contractors really be employees?

The more I know the more I don’t know.
Avs19Author
Level 6
April 25, 2025

I brought both of those issues up to my client. I think the answer to both questions is yes.

 

sjrcpa
Level 15
April 25, 2025

If the workers are required to stay in the company provided housing it may not be taxable to them. Are they on call 24/7?

The more I know the more I don’t know.
BobKamman
Level 15
April 25, 2025

In my country we call contractors "employees" and we have to pay Social Security taxes on their wages.  

sjrcpa
Level 15
April 25, 2025

Farmworkers may be exempt from SS. I forget.

The more I know the more I don’t know.
BobKamman
Level 15
April 25, 2025

@sjrcpa  If they were exempt, IRS wouldn't have Form 943.  

Where I'm from, "contractors" means "of course they don't have SSNs, you think we could get Americans to do this job?"