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Author Topic: Cooking the Books  (Read 13811 times)

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« Reply #25 on: October 19, 2009, 16:25 »
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iStock is Canadian.  They don't have to give you one.

Well I am expecting to reach $400 there in next 12 years :-)


ap

« Reply #26 on: October 19, 2009, 16:28 »
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I did considered S-Corp for while, but I discovered thats SCREAMING TO BE AUDITED. S-Corps can save lots of money, and as of late, have been increasingly targeted by the IRS. It's due to a loophole regarding dividend payments and "reasonable" salaries.

would you say that it's s-corps across the board getting audited or just those who are using these loopholes? if the latter, perhaps just be more careful when using them.

« Reply #27 on: October 19, 2009, 16:32 »
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Aren't agencies required by law to send 1099 if you earned more than $400 per year?

iStock is Canadian.  They don't have to give you one.

I'm an LLC, filing as an S-Corp in 2010 to save on the self-employment taxes.  I actually talked to my CPA today, and we're going to use around 60K as the "average" photographer income, as far as "salary" goes.  It will be well worth it.  I don't see what they can audit me for.

It depends on how low you go with the "salary" - and yes, that is where you can actually save big on taxes. Last time I looked around, self employed / small business people are the biggest target for IRS audits. They claim more "abuse" of the tax code happens in that demographic than any other sector. Not sure I agree with the word "abuse" - tax avoidance is perfectly legal ;)

How big a pain is the paperwork for LLC's? I've read up on them a bunch, but have never really dived into the paperwork required for them.

lisafx

« Reply #28 on: October 19, 2009, 16:40 »
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I am an S-Corp so I do have to actually file a quarterly tax return too, but if you aren't incorporated you don't have to bother with that.  

This is actually not true. ANYONE, even sole proprietors like myself, or just plain old individuals who earn enough non-withheld money in one fiscal year that would require paying greater than $1,000 in taxes on, is required to pay quarterly taxes. No one escapes it! It just so happens that most people don't have to worry about that, because you have to earn around $10,000 in extra non-withheld income per year, and many hobby shooters never reach that level.

Actually, you misread what I wrote.  

I said I PAID quarterly taxes (on 1040ES) as a sole proprietor.  But a sole proprietor is not required to file a quarterly TAX RETURN (form 941).  Sending in a quarterly payment with a payment coupon is not the same thing as being required to file an actual tax return.

As for the stock photography - I did considered S-Corp for while, but I discovered thats SCREAMING TO BE AUDITED. S-Corps can save lots of money, and as of late, have been increasingly targeted by the IRS. It's due to a loophole regarding dividend payments and "reasonable" salaries.

Nobody wants to be audited, but if you are following all the rules you shouldn't have to worry even if you are audited.   My accountant advised me to research average salaries for photographers nationwide and in my area.  If you pay yourself a reasonable and customary salary and pay the payroll/unemployment taxes on that then why fear an audit? 

Again, I would advise anyone reading this to consult a professional accountant. 
« Last Edit: October 19, 2009, 16:46 by lisafx »

« Reply #29 on: October 19, 2009, 16:43 »
0

I did considered S-Corp for while, but I discovered thats SCREAMING TO BE AUDITED. S-Corps can save lots of money, and as of late, have been increasingly targeted by the IRS. It's due to a loophole regarding dividend payments and "reasonable" salaries.

would you say that it's s-corps across the board getting audited or just those who are using these loopholes? if the latter, perhaps just be more careful when using them.

Well, when I researched S-corp's I found that after the John Edwards thing happened, S-Corp audits across the board jumped up, I can't remember how high, but I think it set some records... Paying yourself a salary of "$1,000" is a sure fire way to be targeted. What kills you the most is the HIGHLY opinionated definition of a "reasonable salary". This is the famous S-corp loophole - what is reasonable? What you think is reasonable pay is all you get hit up for on self employment taxes. Another thing to consider is overall income you pull in. $50,000 might be fine if you made $100,000 and had lots of expenses, and took a $5,000 dividend payment - but it might not be viewed by a judge as reasonable enough if your business did say $1 Million in business and you took a six figure dividend payment.

« Reply #30 on: October 19, 2009, 16:46 »
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I am an S-Corp so I do have to actually file a quarterly tax return too, but if you aren't incorporated you don't have to bother with that. 

This is actually not true. ANYONE, even sole proprietors like myself, or just plain old individuals who earn enough non-withheld money in one fiscal year that would require paying greater than $1,000 in taxes on, is required to pay quarterly taxes. No one escapes it! It just so happens that most people don't have to worry about that, because you have to earn around $10,000 in extra non-withheld income per year, and many hobby shooters never reach that level.

Actually, you misread what I wrote. 

I said I PAID quarterly taxes (on 1040ES) as a sole proprietor.  But a sole proprietor is not required to file a quarterly TAX RETURN (form 941).  Sending in a quarterly payment with a payment coupon is not the same thing as being required to file an actual tax return.

Again, I would advise anyone reading this to consult a professional accountant.  You should not rely on any of the self-proclaimed experts on this forum (myself included).


Ah, thanks for the clarification on that Lisa! Gotta love the tax maze :/

lisafx

« Reply #31 on: October 19, 2009, 16:50 »
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Ah, thanks for the clarification on that Lisa! Gotta love the tax maze :/

This is what keeps the accountants rich and us pulling our hair out ;)

And that John Edwards - don't get me started!  Would you believe I voted for him in the primary?  Kicking myself ever since, LOL.

« Reply #32 on: October 19, 2009, 16:54 »
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Well, when I researched S-corp's I found that after the John Edwards thing happened, S-Corp audits across the board jumped up, I can't remember how high, but I think it set some records... Paying yourself a salary of "$1,000" is a sure fire way to be targeted. What kills you the most is the HIGHLY opinionated definition of a "reasonable salary". This is the famous S-corp loophole - what is reasonable? What you think is reasonable pay is all you get hit up for on self employment taxes. Another thing to consider is overall income you pull in. $50,000 might be fine if you made $100,000 and had lots of expenses, and took a $5,000 dividend payment - but it might not be viewed by a judge as reasonable enough if your business did say $1 Million in business and you took a six figure dividend payment.


Well, here's a reasonable salary for a photographer:
http://swz.salary.com/salarywizard/layouthtmls/swzl_compresult_national_CM02000016.html

I don't buy the percentage argument.  If you say $50,000 is reasonable, and the business brings in $60,000, I don't see that as being any different then bringing in $600,000.  Especially for us, who are licensing past work repeatedly.

« Reply #33 on: October 19, 2009, 17:12 »
0
Well, when I researched S-corp's I found that after the John Edwards thing happened, S-Corp audits across the board jumped up, I can't remember how high, but I think it set some records... Paying yourself a salary of "$1,000" is a sure fire way to be targeted. What kills you the most is the HIGHLY opinionated definition of a "reasonable salary". This is the famous S-corp loophole - what is reasonable? What you think is reasonable pay is all you get hit up for on self employment taxes. Another thing to consider is overall income you pull in. $50,000 might be fine if you made $100,000 and had lots of expenses, and took a $5,000 dividend payment - but it might not be viewed by a judge as reasonable enough if your business did say $1 Million in business and you took a six figure dividend payment.


Well, here's a reasonable salary for a photographer:
http://swz.salary.com/salarywizard/layouthtmls/swzl_compresult_national_CM02000016.html

I don't buy the percentage argument.  If you say $50,000 is reasonable, and the business brings in $60,000, I don't see that as being any different then bringing in $600,000.  Especially for us, who are licensing past work repeatedly.


I totally agree with you, but keep in mind, its not so much the salary, but the dividend payment (more technically it's called a "profit distribution") that really rouses suspicions. If you pulled in a ton of money but only took a small salary and never any profit distributions, you'd probably be left alone. Suddenly taking a big profit distribution would probably raise red flags. Anyhow, its highly opinionated.


 

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