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Entertainers understanding taxes

The word tax does not seem to be in the vocabulary of Entertainers. Entertainers tend to be right brained. Right brain is said to be more intuitive, random, and thoughtful. Left brain is more logical, sequential, analytical, and objective of which are the traits used for administering taxes. The tax administration of Entertainers businesses, are often last on the list of interest. The rules and regulations of federal and state taxation, does not interface well with the creative personality of performers.
1 Many Entertainers are vulnerable when it comes to taxes due to avoiding the subject all together. Entertainers need to develop an understanding of the mechanisms of the tax code to conquer their fears. In so doing you will pay less in taxes and you will be less likely to be a victim to erroneous tax information.

Entertainers face challenges when trying to prepare their tax returns. Taxes could be withheld in five or six different states, of which you must then prepare returns for each of those states. Complications also arise when working overseas, where foreign taxes are withheld. Irregular payments, unusual business-related expenses, and supplemental income in the form of regular jobs all add up to a more complicated than average tax return. Many Entertainers find themselves acting as an employee for some jobs and as an independent contractor for others. You should always be certain which it is because the tax treatment of each is very different. Entertainers end up with a combination of income types: income from regular wages and income from self-employment. Many working performers are considered self-employed in regard to filing their taxes. Income from wages involves a regular paycheck with all appropriate taxes, social security, and medicare withheld. Income from self-employment may be in the form of cash or checks with no withholding. The business-related expenses are deducted differently for each type of income, and you will need to complete several different forms in order to do so. For the IRS, all deductible business expenses are those that are incurred in connection with your trade, business, or profession, must be ordinary and necessary and lastly must not be lavish or extravagant under the circumstances. Review the guidelines below to determine the correct way to deduct your expenses.
  1. Regular paycheck:  If you get paid regular wages with all taxes withheld, at the end of the year, your employer will issue you a form W-2. If this regular paycheck is for entertainment-related work, you will deduct related expenses on a Schedule A, under Un-reimbursed Employee business expenses, or on Form 2106, which will give you a total to carry to the schedule A. The type of expenses that go here are:
     
    1. Apparel consisting of uniforms and costumes
    2. Dry cleaning of work clothing
    3. Union dues
    4. Education i.e. acting, voice, and dance lessons
    5. Photographs, CD’s, and videos for self promoted marketing
     
  2. Independent contractor: An independent contractor is a person or business which performs services for another person or entity under a contract between them, with the terms such as responsibilities and pay. The difference between an independent contractor and an employee is the employee works regularly for the employer. The contractor’s relationship has become imperative since a contractor pays their own social security and income taxes. Independent contractors get paid by check or cash with no tax withholding. This means that you are responsible for all of the Social Security and Medicare normally paid or withheld by your employer. This is called Self-Employment Tax. In order to take your deductions, you will need to complete a Schedule C, which breaks down expenses into more detail. The type of expenses that go here are:
     
    6.  Transportation expenses, so track your work-related mileage, and keep receipts for the bus, train, subway, and plane tickets
    7.  Legal and professional fees, for instance commissions to agents, attorney fees, and tax preparation fees
    8.  Advertising for self promotion and marketing materials
    9.  Union dues go here if the membership is not tied to any one job
    10. Special insurance required for work. Do NOT include health insurance here, it is deducted elsewhere
    11. Postage, cell phone for work, fax, copy fees, classes, subscriptions, and anything else related to obtaining a job
    12. Supplies, shoes, costumes, and makeup
     
  3. Combination of income types: You are better off subtracting as many expenses as you can on Schedule C, since this will lower your Self Employment Tax. If an expense relates to both type of income, either put it all on C or break it down and put a percentage on the C.

Many Entertainers take advantage of a special category created by the Internal Revenue Service called, "Qualifying Performing Artist," which has its own set of rules and regulations. To qualify as a Performing Artist, you have provided services in the performing arts for two or more employers, receiving at least $200 or more in wages from each employer, your work-related expenses are more than 10% of your income from your performing artist jobs, and you have adjusted gross income of $16,000 or less without regard to this deduction. Your filing status cannot be married filing separately. If you are a qualified performing artist or other professional, and you paid for work-related expenses out of your own pocket, then you can claim those expenses as a tax deduction. Normally work-related expenses are a miscellaneous itemized tax deduction, subject to the 2% floor. If you qualify, claiming the qualified performing artist deduction will provide a bigger tax break.

The tax deduction for certain job-related expenses is found in Internal Revenue Code Section 62. Qualified Performing Artist: IRC 62(b).2

For more information please refer to your professional tax preparer. The Federal tax code should be reviewed with a tax professional.

Currently, Stacey L. Morin works for Wilshire Associates Inc. in their Private Equity Division as Assistant Controller and holds a Masters of Business Administration in Finance from California State University Northridge and Bachelors of Business Administration in Accounting from Eastern Michigan University. Ms. Morin is a Freelance Business Consultant Writer on the side.

By Stacey L. Morin, MBA-Finance, December 2007

1 Entertainers, Artists, and Performers are used interchangeably
http://www.irs.gov/pub/irs-pdf/p529.pdf

 

 

 

 
 
 
   
   
 
 
 

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