My day job is a tax accountant. I specialize in small businesses. Time and again I am told things like “I am not that organized,” asked “Why can’t I take the deduction?”, and “Why do I need receipts, all my receipts?” etc.
Rule number 1. In general, for tax purposes, there is no deduction without documentation. Documentation consists of receipts, invoices, statements, canceled checks, logs for listed property (automobiles, cell phones, computers and entertainment equipment) etc. From these little bits a bookkeeper or accountant can generate a set of books and create financial statements for you, but I realize many of you out there reading this do not have a bookkeeper or accountant. So you will have to DIY, or you will have to bring the shoebox of your stuff to your tax person at year’s end.
Your tax preparer should ask you if you have receipts. We don’t usually need to see them, unless we have reason to believe you are being dishonest with us, (“Yeah, that that boat I bought is only for business purposes.”) or unless we are dealing with your shoe box because you have not created a realistic profit and loss statement from those records. If you hand over the shoe box, I gotta tell you, if it ain’t in there you are not getting the deduction.
“How bad can it be? I didn’t make that much”. As a self-employed artist, even if you did not make enough money to pay income taxes on, you will still owe self-employment taxes. That’s right-you still owe money. If you made $5000 total from selling your art in a given year then your Uncle Sugar wants 15.3% of it or $706–not including income tax; you may owe another $500 in income tax or more depending on your marginal tax rate. If you didn’t keep your receipts then you will not be able to deduct any of your expenses for creating that income from that income. So get that shoe box out and start filling it up.
Lets get back to the hypothetical $5,000 in sales. For the sake of argument lets your work is very detailed an you spent a lot of time creating it, in addition to time spent marketing for shows, contacting collectors, working with your gallery etc. Lets say had the following expenses: $1000 in materials, $100 in brushes & other small tools and equipment, $62 for a sales tax license, accountant you paid $200 last year to do your schedule C, 1065 or 1120S, cell phone $50 per month, a website that costs $500 per year,$500 for the art-show fees, drove 100 miles each way to the fair where you sold that art, rented a motel room for $80 per night for 2 nights and ate modestly at $40 a day for a three day show, that you drove an additional 500 miles for business meetings with collectors, gallery owners, buying supplies etc. Lets say that your car had 8000 miles total for the entire year.
- Material participation: You do work at your art business don’t you? If you don’t then certain limitations apply, which are beyond the scope of this discussion.
- You expect to turn a profit don’t you? Deducting expenses directly from income is for folks who have the profit motive. If you are a hobbyist and not really trying to turn a profit then you can only take expenses up to the income from your hobby subject to the 2% limitation of income if you itemize deductions on your personal tax return; if you do not itemize there is no deduction at all. Business owners get to deduct business expenses directly from income on their schedule C or other business return, but you have to have the profit motive.
- Art is a funny business for tax purposes as we get to expense the materials we used in making our art. A lot of other businesses don’t get to do that, they can only take the expense for materials in their products after they sell it–in the mean time it is nondeductible inventory. Lucky us. We get to take the whole $1000 in materials expenses this year.
- Small tools and equipment: In reality they usually last more than a year — if they don’t they are deductible as supplies, but if they do last longer (just how long have you had your favorite paint brush?), you are supposed to depreciate them over time. The IRS will tell you the time it takes and how to do it. Things not otherwise specified have 7-year recovery periods. BUT if you have net income you may be able to take the entire expense in the year of purchase via something called section 179. This example does have net income, so your tax preparer could complete a form that would allow you to deduct your small tools as an expense in the year of purchase, instead of depreciating this paltry $100 amount for a over time.
- $500 in art show fees, $500 the website, $62 sales tax, $200 to your accountant is accounting fees are all reasonable and necessary expenses for your business & are normal deductions for tax purposes.
- The cell phone — does your bill break out the calls you made? If it does you should figure out the percentage of calls that are business verses personal. The business percentage is deductible (assuming it is not your only phone) and the personal usage is not. Don’t want to mess with it? Don’t expect to be able to take the deduction at all. Consider, if you use your cell phone 50% for business then that represents $300 in expense you could use to offset your income, that is represents about $46 in self-employment tax and maybe another $30 in income tax or more depending on your marginal tax rate. If your bill doesn’t break out the phone numbers called then you need to keep a written log; its probably worth it to call your cell phone provider and see if they can give you access to a detailed log so you can figure it out instead of trying to keep a log of your calls.
- The travel expenses: $160 in accommodation and $120 in meals. If you have a tax home, that is to say you are not one of those people who only lives in a town for a few weeks before moving on, you maybe able to deduct certain travel expenses if the travel is for business, overnight and more than 50 miles from your tax home. If you have a tax home then this trip may be deductible as business travel. There are a lot more rules but that is the short form of it. So the $160 in hotel fees is completely deductible, but the meals are only 50% deductible — this case is usually the case for any meals or entertainment deduction; if you keep your receipts you get another $60 deduction for your meals on the road for business travel.
- The automobile mileage: You had 700 business miles and 8000 miles total. Your business usage is not even 10% so taking automobile depreciation is out, but if you keep a written log which includes the year’s starting and ending mileage, the starting and ending mileage of each business trip, the date of each trip, the business purpose of each trip, and you use fewer than 5 vehicles for business purposes you may qualify for the mileage deduction. Simply put instead of tracking gas, oil, insurance etc, you just keep track of your mileage, which you have to do anyway if you are going to take any deductible expenses for the business use of your personal vehicle. In 2009 that rate is 55 cents per mile or $385 in mileage expenses. Don’t want to keep a log? Then don’t expect to be able to deduct those expenses. That is another $59 in self employment tax and maybe another $38 in income tax or more depending on your marginal tax rate.
So you can reduce your income by $2582 by saving receipts and another $685 by keeping a mileage log and figuring out business self phone use. That’s about $500 in self-employment tax and and maybe another $327 in income tax or more depending on your marginal tax rate. Lets compare: $1206 tax verses $379 tax. You have to ask yourself, come tax time is it worth it to keep your receipts, mileage log and figure your business percentage of cell phone use? Only you can answer that question, but many people I know have enough trouble coughing up $379, let alone $1206. Also if you didn’t pay estimated taxes on that $5000 in income you may also owe a penalty and interest on that $1206. Why? Our tax system is pay as you go; safe harbor is under $1000 (OR 90% of all of your taxes owed for the current year OR 100% of the tax you owed last year unless you earned more than $150,000 then its 110%). In this particular example keeping receipts and logs not only reduced the tax liability but also kept it low enough to stay within estimated tax payment safe harbor.
Where to start?
- Get a file, a box an envelope or something and start keeping all of your business receipts, statements, invoices etc. NOW.
- Poor man’s business accounting system: There are several banks out there with free checking accounts-you may be able to open one with as little as $100 and run it down to nothing regularly without incurring fees (just don’t overdraft it-then they really hammer you). Get one for your business. In reality it should be a business account, but that may involve additional paperwork and expense; for the purposes of this discussion if you’re a Schedule C filer without an Employer Identification Number, an individual account may work just as well as long as you use it only for business expenses and income. Get this account at a different financial institution from the one you currently bank with if at all possible. Once you have that account, deposit all money you receive for your goods and services as the result of your business into that account and use those funds to pay for your business expenses out of that same account. Do not pay for your mortgage, electric bill, car payment, lunch with Lucy or any other personal expenses from this account; if you need money write yourself a draw, or paycheck, deposit it into your personal account and pay your personal expenses out of your personal bank account. If you need to loan your business money, loan the money formally: Prepare a promissory note, with payment terms and interest, and only then write a check to the business and deposit it in your business account. If you need to buy something small for the business out of your own pocket, submit the receipt to your business (file it in your shoe box) with a request for reimbursement (post-it note — “pay myself back for this”), but do not make a habit of paying for business expenses with personal funds; it is best to pay for business expenses out of business funds. If you keep all of your receipts, and use the business account only for business purposes, you will have at least a minimum amount of information to figure out profit and loss from business and pay your taxes.
- Start keeping logs for listed property: I hear, “I am not that organized, I don’t want to keep a log.” My response is, “That is your choice, but you will not be able to take deductions against your income for the business use of your car, your cell phone, your computer or your camera.” The log could just be a flip book you write the information in, but many office supply stores carry inexpensive mileage log books you can use as well. Just make sure the log and a pen is with the listed property at all times so you will remember to use it.
One final note: Keep your receipts, invoices, bills, check stubs, statements etc. with your tax forms. Just because you have used them to figure out your taxes doesn’t mean you are done with them. You may have to produce these items if you are audited so don’t throw them away.
The usual disclaimers: Although Art & Business Consulting LLC has made every effort to insure the accuracy of this information, misinformation, disinformation, changes, mistakes, typos and hackers happen, therefore Art & Business Consulting LLC takes no responsibility for any action taken or results based on the information supplied here in. Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and cannot be used for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any plan or arrangement address herein. Art & Business Consulting LLC currently does not have a certified public accountant or an attorney on staff; this information is purely for educational purposes and not to be construed as legal or financial advice. Art & Business Consulting LLC and its employees, members and associates are not engage to practice law; you always should discuss legal matters with your attorney before talking to anyone else.




