Life on the Ledger: How to Make Your Art Add Up

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    Lifeon the

    LedgerHow to MakeYour ArtAdd Up

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    To download the

    outline for this talk

    click here

    presented by

    Richard StreitfeldCPA

    hosted by

    Ignitiontransform your art passion into business

    NOTE: Every situation is different and federal andstate tax laws are subject to change. Thispresentation is being made exclusively for

    informational purposes and is not intended tosubstitute for obtaining tax or financial advice

    from a tax or other business professional.

    http://blissrequirescarefulplanning.files.wordpress.com/2011/09/lifeontheledgeroutlinefinalfinal1.pdfhttp://blissrequirescarefulplanning.files.wordpress.com/2011/09/lifeontheledgeroutlinefinalfinal1.pdf
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    What Can Artists Deduct?If you are employed by others then your ability to deduct out of pocketexpenses is limited

    If you are self-employed then you may deduct whatever expenses areconsidered reasonable and necessary to conduct your business

    Are you employed by others or self-employed?

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    Direct expenses would not likely be incurred if you were not in business:

    paying subcontractors

    studio rent

    accountants

    supplies

    Indirect/shared expenses are for items you may pay for anyway but theynevertheless have a legitimate business purpose as well. For instance:

    a cell phone may be personal and business

    so might your home internet

    Types of Expenses

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    What is a business meal?

    hint: Not your daily cup o Joe!

    Must be with a client, employee, prospect etc unless out of town

    Must include a bonafide business discussion

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    Automobile TravelThere are two ways to deduct auto travel costs but

    either way you must track yourbusiness mileage.

    Based on mileage and the IRS Mileage rate for that year

    Based on actual expenses of purchasing and maintaining a specific vehicle

    If you do not keep a log, watch out if you are audited

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    Home Office

    ComplexitiesYou must have an exclusive space for business

    It does not apply if you are running a loss

    Computing it is not always worth the time and expense

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    MinimizingAudit RiskShowing profit in 3 out of any 5 years

    precludes an IRS challenge that

    you are doing this as a hobby.

    The Rule of Thumb is that

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    Other ways to

    show you are in business to

    Make a ProfitKeep a log of galleries you have visited to represent you and record otheractivities not evident from tax return

    Hire an artists representative

    Establish a separate bank account for your activities

    Keep good records!

    Register as a DBA doing business as or fictitious name with your state or...

    Establish a one-person LLC (Limited Liability Company)

    Report any income, no matter how small

    Track inventory and work in progress rather than deducting it all right away the matching principle

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    ConsiderIncorporationif you have sufficient income to make it worthwhile

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    KeepingRecordsI don't need to see every receipt

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    Time FramesGenerally, the IRS has three years to audit your returns

    IRS has six years if it suspects substantial underreporting of income

    No time limit for fraudulent or non-filed returns!

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    WhichRecordstoKeep

    Anything related to taxable deductions keep records a minimum of threeyears

    If you are self-employed, keep records for six years

    A lot of stuff can be trashed!

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    Financial Record-Keeping

    BasicsYou need to have a system that you, or someone you hire, maintains

    Reconcile bank statements if you want to catch mistakes yours or theirs

    Separate personal and business, no co-mingling!

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    Sales Taxes

    No, Martha, its Not Your MoneyStates can be especially annoying, and each state has different rules

    Internet sales rules: most sales made on-line are currently exempt

    Separate billing for services may limit your exposure

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    Should I be a

    Sole Proprietor,form anLLCor Incorporate?

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    Sole ProprietorshipYou are self-employed. There is no separation between the assets of thebusiness and those of the owner. Therefore the owners personal assets canbe used to satisfy business debts and liabilities. You are taxed through yourindividual tax return (Schedule C).

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    Cheap!

    No structure to maintain

    Easy, especially if minimal income and activity

    Pros

    No legal protection of personal assets

    Self-employment tax can be onerous

    Tendency to forget to pay estimated taxes

    Most likely to be audited

    Cons

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    Limited LiabilityCompany (LLC)This is a sole proprietor or partnership with legal protection. The proprietor ormembers liability for company debts generally only extends to theirinvestment in the company. The income or loss passes through the LLC and

    is reported on the individuals personal tax return.

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    Easy and cheaper formation than S-Corp

    More flexibility than a c corporation regarding partners and changes inownership

    One-person LLC no separate tax return needed

    Pros

    No difference in deductions or taxability from sole propreitor

    No salary and withholding for owner so estimated payments needed

    Multiperson LLC needs more forethought and written agreements, and theseare often neglected

    Cons

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    S-CorporationThis is also a pass-through entity except that it has a corporate structure.Again, your personal assets are generally not at risk. There are somedifferences from a multi-member LLC in terms of operations and taxation.

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    It is a set and established structure

    Ability to take distributions and limit reach of the nasty self-employment tax

    Profits are not immediately subject to self-employment tax

    Less likely to be audited

    Can be a one-person owner

    Pros

    May be more expensive to incorporate and maintain

    Some owners do not like being on payroll

    More rigidity regarding who can be an owner and changes in ownershippercentages

    Cons

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    Other Entity Choices...

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    C-CorporationIf you have venture capital or can afford additional and substantial ownerbenefits this may be an option. However you may be exposed to doubletaxation

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    PartnershipMulti-member LLCs are essentially partnerships with more extensive legalprotection. While they have fallen a bit out of favor with the ascent of LLCs,there are some instances where they are still favored.

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    Non-profitIf you qualify, have the time and money to invest in setting up, expectsubstantial contributions and grants AND are willing to share control with aboard of directors then this may be a good option.

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    L3CNew. Hybrid for-profit and non-profit. Only available in a few states.

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    fr

    Rich Streitfeld CPA partner at

    Aaronson Lavoie

    Streitfeld Diaz and CoCertified Public Accountants1604 Broad Street

    Cranston, Rhode Island

    02905

    phone:401 223 0205web:alscpa.com

    email:[email protected]

    peaceloveandbusinessplanning.com

    For a glossary of accounting terms click here

    http://www.financeforartists.org/glossary.htmlhttp://www.financeforartists.org/glossary.htmlmailto:[email protected]:[email protected]?subject=Life%20on%20the%20Ledgerhttp://www.financeforartists.org/glossary.htmlhttp://www.financeforartists.org/glossary.htmlhttp://peaceloveandbusinessplanning.com/http://peaceloveandbusinessplanning.com/mailto:[email protected]:[email protected]://www.alscpa.com/http://www.alscpa.com/