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FundsForBudget > Debt > 10 Tax Breaks You Should NEVER Take if You Have an LLC
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10 Tax Breaks You Should NEVER Take if You Have an LLC

TSP Staff By TSP Staff Last updated: January 24, 2026 10 Min Read
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The rise of the “side hustle” economy has led to a record number of Americans forming Limited Liability Companies (LLCs) in 2026. Social media “finance gurus” often promise that an LLC is a magic wand that turns your entire life into a tax deduction. They tell you to “write off your G-Wagon,” “deduct your family vacation,” and “expense your wardrobe.”

The reality is far less glamorous. The IRS has significantly ramped up its enforcement budget for 2026, specifically targeting small business returns (Schedule C) that contain aggressive, grey-area deductions. While the tax code allows for many legitimate expenses, claiming the wrong ones is the fastest way to trigger a manual audit that digs through years of your financial history. To keep the tax man away from your door, here are the 10 tax breaks you should absolutely avoid claiming, no matter what you saw on TikTok.

1. The “Business Suit” Deduction

One of the most persistent myths is that you can deduct clothes bought for work. The IRS rule on this is incredibly strict: clothing is only deductible if it is not suitable for everyday wear.

The Trap: Buying a nice suit for client meetings or a dress for a conference is not deductible because you could technically wear it to a wedding or dinner.

The Reality: Unless you are buying a uniform with a stitched company logo, theatrical costumes, or protective safety gear (like steel-toed boots), IRS Publication 529 clearly states that work clothes are a personal expense. Claiming high-end fashion as a “uniform” is an immediate red flag.

2. The “Commuting” Mileage

You can deduct miles driven for business, but you can never deduct miles driven to business.

The Trap: Many LLC owners track every mile from their driveway to their office (or their first client) and back home.

The Reality: The IRS classifies the drive from your home to your principal place of work as “commuting,” which is a personal expense. You can only deduct travel from one work location to another—for example, from your office to a client site. If your home is not your “principal place of business” (see #4), that first drive of the day is on your own dime.

3. The “Family Vacation” Board Meeting

This is a favorite strategy of aggressive tax preparers: booking a family trip to Disney World and holding a 30-minute “annual meeting” in the hotel room to write off the airfare and hotel.

The Trap: The IRS requires that the “primary purpose” of the trip be business.

The Reality: If you spend five days at the beach and four hours working, the trip is a vacation. You might be able to deduct the specific cost of the business meal, but writing off the family’s flights and the hotel stay is considered tax fraud. The IRS travel guidelines specifically warn against disguising personal vacations as business travel.

4. The “Dining Room” Home Office

The Home Office Deduction is legitimate, but it comes with a lethal caveat: “Exclusive Use.”

The Trap: You claim a deduction for your dining room or a corner of the living room where you work on your laptop.

The Reality: If you (or your family) use that space for anything else—eating dinner, watching TV, or kids doing homework—the deduction is void. In 2026, auditors are increasingly asking for photos or floor plans during reviews. If the space isn’t a dedicated room used only for business, do not claim it.

5. The “100% Business Use” Vehicle

Unless you own a plumbing van with no passenger seats that stays parked at the warehouse overnight, claiming you use a vehicle 100% for business is statistically impossible in the eyes of an auditor.

The Trap: You buy a luxury SUV under the LLC and claim it is never used for groceries, school pickups, or personal errands.

The Reality: The IRS knows that small business owners mix personal and business driving. Claiming 100% use without a second personal vehicle in the household is a documented audit trigger. It is safer (and more honest) to keep a mileage log and claim the actual percentage (e.g., 85%).

6. The “Gym Membership” Networking

You might meet clients at the gym, and you might need to be fit for your job, but the IRS generally views your health as a personal asset, not a business one.

The Trap: Deducting your monthly Equinox fees because “I network there.”

The Reality: Unless you are a professional athlete or a personal trainer who pays a fee to train clients at a specific facility, gym memberships are considered personal expenses. Your general health is not a tax write-off.

7. The “Club Dues”

In the days of “Mad Men,” you could deduct country club dues. Those days are long gone.

The Trap: Writing off golf club or social club dues as “marketing expenses.”

The Reality: The Tax Cuts and Jobs Act explicitly eliminated the deduction for entertainment expenses, including membership dues for any club organized for business, pleasure, recreation, or social purposes. You can deduct the meal you eat with a client at the club (50%), but the dues themselves are 100% non-deductible.

8. The “Hobby” Loss

If your LLC loses money every single year, the IRS stops viewing it as a business and starts viewing it as a hobby.

The Trap: Running a photography or craft business that spends $10,000 on gear but only makes $500, and using that loss to lower the taxes on your W-2 salary.

The Reality: The IRS “Hobby Loss” rule generally requires you to show a profit in at least 3 out of the last 5 years. If you don’t, they can retroactively disallow all your losses, forcing you to pay back taxes and penalties on the income you thought you sheltered.

9. “Round Number” Expenses

Nothing screams “I made this up” quite like a tax return filled with zeros.

The Trap: Listing your advertising expense as $1,000, your travel as $2,000, and your supplies as $500.

The Reality: Real life doesn’t happen in round numbers. Your advertising was likely $987.42. When the IRS computer scores your return (using the DIF system), round numbers are a high-risk factor that suggests you are estimating rather than keeping records.

10. The “Charitable” Time

You cannot deduct the value of your time, no matter what your hourly rate is.

The Trap: You bill $200/hour as a consultant, so you donate 10 hours of work to a non-profit and try to deduct $2,000.

The Reality: You can deduct out-of-pocket expenses (like mileage or supplies) for charity, but the IRS assigns a value of $0 to your labor. Claiming a monetary deduction for time worked is an easy error for auditors to catch and penalize.

Avoiding an Audit Trap

The golden rule of tax planning is that if a deduction feels “too good to be true,” it probably is. The goal of your LLC should be to generate profit, not to generate audit letters. In 2026, the cost of defending yourself in an audit—paying a CPA thousands of dollars to reconstruct your logs—far outweighs the $300 you might save by trying to write off a suit. Stick to the black-and-white deductions, keep impeccable receipts, and sleep soundly knowing the IRS has no reason to knock on your door.

Have you ever been advised to take a questionable deduction by a “creative” accountant? Leave a comment below—sharing your story could save someone else from an audit!

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