Forums > General Industry > Taxes 4 models vs. average joe who responds to ads

Photographer

Gratifixation M

Posts: 13

Cleveland, Ohio, US

First let me say... the "search" function on MM truly sucks!!!

What I would like to know is... the men that I work with are average joes who responded to my advertisement. They are not pro models and do not normally file a schedule C.  Also, I do not pay more than the $600 required for tax reporting on a 1099.  (My average pay is $350)

Now, I know that everyone needs to report all income if they want to be morally content with their conscience, but how strictly is this enforced, if at all?  I know the IRS is not interested in income of less than $600, but multiply $350 by 25 models per year and I am shelling out almost $9,000 to various people tax-free because they are being paid as independent contractors (as they should be) and not employees. 

Would the IRS honestly waste the time of 25 people to see if they claimed this small income on their returns?  I just tell the models to include it as other income on their 1040's since they are not really self employed. 

Are my tracks covered... or am I telling people to lie and try to cheat the IRS out of tax money owed?  I would really hate to file 25 1099-MISC forms for payments of $350 each.  Do I need to do this just to cover my ass?

Ricardo

Nov 20 06 09:47 pm Link

Wardrobe Stylist

stylist man

Posts: 34382

New York, New York, US

Not sure where this belongs but the newbie section is not it.

Other mods are free to move it elsewhere.

Mhana moderator.

Nov 20 06 09:56 pm Link

Wardrobe Stylist

stylist man

Posts: 34382

New York, New York, US

Gratifixation M wrote:
First let me say... the "search" function on MM truly sucks!!!

What I would like to know is... the men that I work with are average joes who responded to my advertisement. They are not pro models and do not normally file a schedule C.  Also, I do not pay more than the $600 required for tax reporting on a 1099.  (My average pay is $350)

Now, I know that everyone needs to report all income if they want to be morally content with their conscience, but how strictly is this enforced, if at all?  I know the IRS is not interested in income of less than $600, but multiply $350 by 25 models per year and I am shelling out almost $9,000 to various people tax-free because they are being paid as independent contractors (as they should be) and not employees. 

Would the IRS honestly waste the time of 25 people to see if they claimed this small income on their returns?  I just tell the models to include it as other income on their 1040's since they are not really self employed. 

Are my tracks covered... or am I telling people to lie and try to cheat the IRS out of tax money owed?  I would really hate to file 25 1099-MISC forms for payments of $350 each.  Do I need to do this just to cover my ass?

Ricardo

Now to the point.

If the law states so then follow the law.
If the law if flawed or messed up then why beat yourself up.

I have been aware of this fact for some years.

Nov 20 06 09:59 pm Link

Model

Jessalyn

Posts: 21433

Denver, Colorado, US

it all depends on what happens in their end. if you pay a model and it's the only time she ever models then yes she puts it on her misc income line. If she is getting enough paid jobs to consider it a substantial part of her income (i.e. not a hobby) then she files a Schedule C. I have not done enough paid jobs to consider my modeling a substantial component in my income, therefore for tax purposes it is considered a hobby and I put it in misc income.

Nov 20 06 10:01 pm Link

Model

Jessalyn

Posts: 21433

Denver, Colorado, US

no matter what it IS income. even if a person finds a $100 bill on the ground, it's income.

Nov 20 06 10:01 pm Link

Photographer

Christopher Hartman

Posts: 54196

Buena Park, California, US

Gratifixation M wrote:
First let me say... the "search" function on MM truly sucks!!!

What I would like to know is... the men that I work with are average joes who responded to my advertisement. They are not pro models and do not normally file a schedule C.  Also, I do not pay more than the $600 required for tax reporting on a 1099.  (My average pay is $350)

Now, I know that everyone needs to report all income if they want to be morally content with their conscience, but how strictly is this enforced, if at all?  I know the IRS is not interested in income of less than $600, but multiply $350 by 25 models per year and I am shelling out almost $9,000 to various people tax-free because they are being paid as independent contractors (as they should be) and not employees. 

Would the IRS honestly waste the time of 25 people to see if they claimed this small income on their returns?  I just tell the models to include it as other income on their 1040's since they are not really self employed. 

Are my tracks covered... or am I telling people to lie and try to cheat the IRS out of tax money owed?  I would really hate to file 25 1099-MISC forms for payments of $350 each.  Do I need to do this just to cover my ass?

Ricardo

Worry about yourself.  Talk with the IRS or other tax law specialist to get your answer.

Nov 20 06 10:06 pm Link

Photographer

Gratifixation M

Posts: 13

Cleveland, Ohio, US

Obviously, I have no control over whether or not someone included certain income on their tax returns.

What I should have stressed is... am I filing 1099-MISC forms for small payments of $350... or does the IRS not audit for amounts under $600 and therefore I am not even required to file them that small?

Nov 20 06 10:34 pm Link

Model

Jessalyn

Posts: 21433

Denver, Colorado, US

Gratifixation M wrote:
Obviously, I have no control over whether or not someone included certain income on their tax returns.

What I should have stressed is... am I filing 1099-MISC forms for small payments of $350... or does the IRS not audit for amounts under $600 and therefore I am not even required to file them that small?

check www.irs.gov for this information. it's a great resource. I'm on that site every other day and I can easily find what I need. I do believe that if the amount is under $600 you need not give them a 1099. double check this on the website though. search "filing 1099's"

Nov 20 06 10:36 pm Link

Photographer

Gratifixation M

Posts: 13

Cleveland, Ohio, US

Thanks for your comments Jessalyn!  LOVE your portfolio by the way.  My real one will start to take shape in early January.

I have one last tax thing:  I've managed to rake up about $8,000 in tax deductions this year since I started my business in October (this includes the $2,000 that I am paying to various models)

What really sucks is... I either need to deduct 100% of the expenses this year as a Section 179 immediate deduction, or I must depreciate most of them over 5 or so years as "start up costs" because my income will not start to come in until 2007.

So under 179, I get a bigger tax return this year (about $1,200 more)... but that $8,000 would be better off deducted in 2007 since it would lower my taxable income and not be subject to that whopping 28.6% tax (costing me $2,288!!)

Is there any way to delay a section 179 deduction until the following tax year?

I'm making my appointment with H&R Block next week...

Nov 20 06 11:22 pm Link

Model

Jessalyn

Posts: 21433

Denver, Colorado, US

Gratifixation M wrote:
Thanks for your comments Jessalyn!  LOVE your portfolio by the way.  My real one will start to take shape in early January.

I have one last tax thing:  I've managed to rake up about $8,000 in tax deductions this year since I started my business in October (this includes the $2,000 that I am paying to various models)

What really sucks is... I either need to deduct 100% of the expenses this year as a Section 179 immediate deduction, or I must depreciate most of them over 5 or so years as "start up costs" because my income will not start to come in until 2007.

So under 179, I get a bigger tax return this year (about $1,200 more)... but that $8,000 would be better off deducted in 2007 since it would lower my taxable income and not be subject to that whopping 28.6% tax (costing me $2,288!!)

Is there any way to delay a section 179 deduction until the following tax year?

I'm making my appointment with H&R Block next week...

Section 179 is only used to immediatly expense depreciation that otherwise would have been spread out over the life of an asset. it sounds like you are talking about business expenses, not assets, so this section does not apply in your situation. sorry.

EDIT: it DOES sound like you are talking about depreciable property. I reread your post. but it has to be personal property (no not personal use property) as defined by the IRS. this will be something to consult with HR block about

Nov 20 06 11:25 pm Link

Model

Jessalyn

Posts: 21433

Denver, Colorado, US

and to answer your question: yes a section 179 expense can be elected to be used or not, BUT it only applies to assets purchased in the tax year you are filing so you can't use it next year on assets bought last year.

Nov 20 06 11:28 pm Link

Photographer

Gratifixation M

Posts: 13

Cleveland, Ohio, US

Yeah, my depreciable property includes my Mac, 2 cameras, camcorder, studio lights, and various computer equipment which cost me $4,000.  The other $4000 are operating expenses. 

That SUCKS that I can't deduct them in full next year instead of '06.

'0 well

Nov 21 06 01:00 am Link

Photographer

Michael Fryd

Posts: 5231

Miami Beach, Florida, US

As a general rule, you must notify the IRS (by filing 1099 forms) whenever you pay someone more than $600 in a tax year.

That person is responsible for declaring that income and paying their taxes, regardless of whether or not you filed a 1099 form.


If you didn't file the 1099, they may be able to get away with not declaring the income.  But that doesn't make it legal.

What should be important to you, is that you precisely follow the letter of the law.   If the IRS rules say you should file a form, then file it.   If the IRS rules says you don't need to file a 1099, don't bother.



Of course, the most important rule is that you not take tax advice from strangers on the web.  Please consult your local tax professional. 

Make sure your local professional understands the basics of small business taxes.   You don't want someone who was hired as a tempt o churn out simple personal tax returns.

Nov 21 06 06:35 am Link

Model

Jessalyn

Posts: 21433

Denver, Colorado, US

Gratifixation M wrote:
That SUCKS that I can't deduct them in full next year instead of '06.

like I said, that MAY be the case. check with your accountant.

Nov 21 06 08:25 am Link

Model

Jessalyn

Posts: 21433

Denver, Colorado, US

Michael Fryd wrote:
Of course, the most important rule is that you not take tax advice from strangers on the web.  Please consult your local tax professional.

if I were giving tax advice I would be suggesting a course of action for him to take. I gave no advice, I told him what the law says. For areas where he did ask for advice I said to consult irs.gov or his tax accountant.

Nov 21 06 08:26 am Link