This is a chapter excerpt from Julian Block's book, mentioned above. The book is available in print, Kindle and Nook editions. To learn more about this and other books by Julian Block, click here.
It’s more important than ever for writers, photographers and other freelancers to familiarize themselves with steps that can keep their taxes to the legal minimum. To help take year-round advantage of legitimate breaks while not running afoul of the rules, here’s some advice on common tax problems.
For guidance in specific areas you should consult a qualified tax professional or contact the Internal Revenue Service.
Question: Last year, a magazine agreed to pay $2,000 for an article, plus reimburse my expenses. I delivered the article along with my bill for $2,700, comprised of the $2,000 fee and $700 for travel, telephone and other expenses incurred in the course of research. The assignment turned out to be a fiasco. I’ll collect zilch because the magazine went kaput; last I heard, the publishers had gone into the witness protection program. Can I take a "bad debt" deduction on Schedule C for that unpaid $2,000 fee?
Answer: You can’t take any deduction for the $2,000. The snag: You’re what’s known as a “cash-basis taxpayer.” That’s the IRS’s designation of individuals (including most of us) who generally don’t have to report payments for articles, books and other income items until the year that they actually receive them and don’t get to deduct their expenses until the year that they pay them. The tax code doesn’t require you to count the $2,000 as reportable income and it doesn’t allow you to deduct an equivalent amount. Only if you were an “accrual basis taxpayer” and had previously counted the $2,000 as reportable income at the time it became due to you, could you deduct it now, because it hasn’t actually arrived and is a lost cause. As for the $700 in unreimbursed expenses, those
can be deducted by including them among the expenses you list on Schedule C (Profit or Loss From Business).
Question: For the past few years, my writing income has been meager. But this year’s income will soar because of a six-figure book advance. According to a fellow writer, income averaging will lower my tax tab by many thousands of dollars. How do I average my income?
Answer: Your friend’s advice might have been helpful when the Oval Office was occupied by Ronald Reagan. But the rules now on the books provide no break for someone whose income jumps. A top-to-bottom overhaul of the Internal Revenue Code, known officially as the Tax Reform Act of 1986, included a provision that abolished averaging for nearly everybody, though there continues to be a limited exception for farmers. My advice is to focus instead on easy and perfectly legal ways for writers to trim taxes. A standard tactic is to stash some of that advance money into one of those tax-deferred retirement plans for self-employed persons.
Question: I’m an architect and moonlight as a freelance writer. I went to a get-together with some of my fellow writers. There was no speaker; it was more of a social event. While I see it as networking with my professional colleagues, and most of the talk was about work-related issues, writing is only a part-time activity for me. Can I take a business-expense deduction for the cost of getting there? How about my cash contribution to the refreshments for the group?
Answer: It’s immaterial that you’re a part-time freelancer. Your writing endeavors don’t have to be full-time for this kind of event to qualify. You’re entitled to claim the entire cost of round-trip travel between your home and the party’s site. For travel by bus, train or taxi, just keep track of your fares and claim them as business expenses; for auto travel, you can claim actual expenses or a standard mileage allowance. Whether you claim actual expenses or use the mileage allowance, remember to deduct parking fees and bridge, tunnel and turnpike tolls that you pay while you’re on business, too. As for noshing outlays, they fall into the category of meals and entertainment, and are subject to a cap. They’re only 50 percent deductible.
Question: I’m a self-employed writer. I’m represented by two agents, one for my nonfiction and another for my fiction work. Each gets a percentage of my earnings. At tax time, both agents send me 1099 forms. The 1099 forms show what they’ve sent me during the year for advances, royalties received from publishers, and other payments related to my books. But they do different kinds of bookkeeping! One agent’s 1099 lists the full amount she received from the publisher (she does not subtract the commission she withholds before sending the balance to me.) The other lists the "after commission" payment he actually sent to me. How should I report these payments on my return?
Answer: Let consistency be your guide. The amount of income you declare should be consistent with the figures shown on your 1099 forms. Otherwise, the IRS’s ever-vigilant computers might go bananas, with unpleasant consequences to you. When it comes to money you receive through an agent, what you should declare depends on whether the agent submits a 1099 form that shows the total paid by the publisher or the amount minus the agent’s commission. Does the 1099 filed by the agent list the gross amount? Then that’s the figure you should include in totaling your income to come up with your gross amount on Schedule C — and remember to include the agent’s commission, which is deductible on the line for commissions and fees. If the 1099 reports only the net amount received by you, use that figure to calculate gross income. There is no need to report the commission. Either way, you pay tax only on the amopunt you actually received.
Question: I write for several magazines. One magazine’s 1099 form reports not only the fees they paid me during the year in question, but also includes sums that compensated me for sizable out-of-pocket expenses for hotels, meals, air fares, car rentals, telephones and the like. Of course this doesn’t agree with my records; I don’t count those payouts as expenses, since I know that I’m going to get them back — and I don’t count expense checks as income, either; it’s just a wash. Suppose I receive a 1099 form that shows $9,687.53, which actually includes payments of $6,500 for articles and $3,187.53 worth of reimbursement for travel and so forth. It doesn’t make sense that I’d have to include the latter amount in totaling my income for line 1 of Schedule C, since it wasn’t income.
Answer: Contrary to what many freelancers and other self-employed people mistakenly believe, it’s not “just a wash.” This is much like the previous question about payments from agents; again, you should make sure your return reflects the consistency that will keep the IRS computers in a calm, unagitated state. You should include in total gross receipts the full amount shown by the magazine, $9,587.53. Then, as with the agent’s commission, include the $3,187.53, though reimbursed, with your other deductible expenses, since you shouldn’t be paying taxes on it. That way, you avoid an overstatement of net profit on Schedule C and overpayments of self-employment taxes and income taxes.
Question: I came in from Chicago to New York City to attend a writers’ conference. I’m pretty sure that I’m entitled to claim some deductions, but what sorts of expenses can I deduct, and can I deduct them totally?
Answer: You get to deduct 100 percent of what you spend for the attendance fee, tapes of sessions, books on writing and the like, plus travel between your home and New York, and expenditures for hotels. There’s a limitation, though, for meals not covered by the attendance fee, including both what you eat en route and food consumed while you’re in New York: Deduct only 50 percent of those expenditures.
Question: I was accompanied on the trip by my spouse, who isn’t a writer and didn’t attend the conference. Is there any chance that any of my spouse’s expenses qualify as deductible?
Answer: There’s no deduction whatever for the portion of the outlays attributable to your spouse’s travel, meals and lodging — with a limited exception, one that will allow relatively few freelancers to salvage deductions for a mate’s travel expenses. To qualify for the exception, these three requirements must be met: (1) the spouse (or dependent, or any other individual) accompanying you on business travel is a bona fide employee of the outfit that pays for the trip (in this case, your freelance business); (2) the spouse undertakes the travel for a bona fide business reason; and (3) the spouse is otherwise entitled to deduct the expenses.
TIP: Take heart. Some often-overlooked tax relief remains available for lodging costs even when your spouse, significant squeeze or someone else tags along only for fun. You’re entitled to a deduction for lodging based on the single-rate cost of similar accommodations for you — not half the double rate you actually paid for the two of you.
EXAMPLE: Judy, a photographer, goes by car to New York for a business conference. She’s accompanied by her husband, Frank, who’s retired. They stay at a Manhattan hotel where rooms go for $200 for a double and $180 for a single. Besides a deduction for the total cost of driving to and from New York (Judy obviously incurs the same driving expenses whether Frank accompanies her or not), she should claim a per-day deduction for their hotel room of the entire single rate of $180, rather than half the double rate, or $100. To help safeguard her deduction in case the IRS questions it, she should remember to have the hotel bill note the single rate, or be sure to get hold of a rate sheet. Some of Frank’s meals might qualify as deductible business meals. An example: At the conference, Judy dines with a book publisher and the publisher’s spouse. Because of the presence of the publisher’s spouse, Frank attends on a business basis.
Question: I’ll be paid for a talk that I’ll give at a writers’ conference. Is a charitable-contribution deduction available to a speaker who declines an honorarium and asks that the money be donated to a charity he or she picks?
Answer: Yes. But the speaker still has to declare the honorarium as income. Note that you derive no benefit from a donation deduction if you pass up itemizing on Schedule A of Form 1040 for contributions, home-mortgage interest, state and local real estate and income taxes and the like because it’s more advantageous to use the standard deduction. The standard deduction is a flat amount based mostly on filing status and age that’s adjusted annually to reflect inflation. If you anticipate that you’re going to claim the standard deduction, decline the honorarium before you become entitled to it and are required to declare it. Assign the payment to your favorite philanthropy.
CAUTION: The IRS says that a writer who donates unsolicited property that’s received “for free,” such as books received from a publisher for review, must declare the value of the books as income if he or she donates them to charity.
Question: A university asked to reprint one of my magazine articles in its alumni publication. I gave permission without asking for any payment. Since this is an educational institution, can I take a charitable contribution deduction equal to the fee I would have asked of a commercial publisher? Do I need a letter from the school? If so, what should it say?
Answer: Sorry, a letter won’t help. You’re not allowed any deduction.
Question: I’ve written several best-selling books on World War II. I plan to donate papers, including original manuscripts and historic correspondence with famous persons, to a university. Should I consult a tax expert on how to calculate the value of my charitable contribution?
Answer: Don’t bother, unless you write your manuscripts on legal tender. For your kind of property, a special restriction applies. In tax jargon, it’s “ordinary-income property,” meaning property that, if sold by you, would result in ordinary income or short-term capital gain, rather than long-term capital gain. The measure of your allowable deduction is your cost for the property. Because your cost basis for the property is zero, you can claim no deduction.
Question: When I’m not writing, I squeeze in time for my hobby of painting. I donated one of my paintings to a church bazaar, where it sold for $100. Can I deduct that as a contribution?
Answer: No. Your deduction is limited to your unreimbursed out-of-pocket expenses for materials — the canvas, paints and brushes. The entire $100 is deductible only if you sell the painting yourself and donate the proceeds to the church. But this maneuver doesn’t help, because the bigger deduction is completely offset by an increase in your reportable income of $100.
Question: Who’s right? I have office furniture and machines that I no longer use in my business as a freelance writer. Over the years, I claimed depreciation deductions on Schedule C that have reduced my tax basis in the equipment to zero. My tax adviser says that I can donate these items to a charitable organization and take a contribution deduction for their current market value. However, my mother-in-law insists that I’m not entitled to any deduction because I fully depreciated them.
Answer: She’s right on the money. Unfortunately, you’re not allowed any deduction. As the equipment’s basis is zero, there’s nothing of value for you to write off as a deduction.
Question: Can I deduct money spent for magazines purchased at a newsstand for pre-query research? These aren’t magazines I’m now writing for but magazines I hope to write for. And if I can, where on Form 1040 do I list those deductions?
Answer: The law allows you to deduct business-related publications, and these magazines are in that category. Like your other writing expenses, you claim them on Schedule C or on Schedule CZ, the shorter, one-page form that can be used by a business owner when expenses are below $5,000, a loss isn’t shown and certain other requirements are met.
Question: I’ve been told to report my book and photo royalties not as income on Schedule C, but as royalties on Schedule E. The word is that by doing so, I can skip paying the 15.3 self-employment tax, which consists of 2.9 percent Medicare and 12.4 percent Social Security. True?
Answer: IRS revenue agents and office auditors look unkindly on writers, photographers, artists and other self-employeds who try to escape self-employment taxes. Perhaps we have a case of semantics here. Yes, the word “royalties” is used on Schedule E, and yes, the IRS defines royalties as “payments for intangible properties” — for example, books and artistic works, which would include photos. But the IRS is adamant that you report royalties for your creative efforts on Schedule C, making that income subject to self-employment tax. Schedule E is for reporting royalties received by other people — for example, those who purchase or inherit copyrights on books, photos and other material that they didn’t create. Limit your use of Schedule E for reporting royalties to listing those received from coal, oil or gas sites.
CAUTION: You’re playing the “audit lottery” if you report book and photo sales on Schedule E. True, your ploy might never be discovered, but should you be, expect to be hit with a hefty bill for back taxes, interest, and penalties.
More articles by Julian Block can be found on his Web site.