Category Archives: The Writing Life

Record Keeping, Part Two: . . . But Necessary

Business Contracts Legal Issues Taxes The Writing Life No Comments

Okay, now for a couple of specific issues:

Tax Records (U.S. version)

It is a commonly held belief that the IRS requires you to keep your tax records for seven years.  Actually, according to the records manager of a company I used to work for, that’s not quite the case.  According to her, the IRS regulations require you to keep your records for three years.  However, if they do decide to audit you, they can go back seven years.  And since no one would want to depend on an adversary for records concerning his or her own interests, everyone just automatically keeps seven years’ worth of records.  And just so we’re clear, that means not only your tax filings, forms, and schedules, but also all of the supporting documentation:  receipts, 1099 forms, spreadsheets, QuickBooks reports, e-mails that pertain to the taxes, and anything that would be necessary to defend deductions or interpretations, most especially any communications from the IRS.  In this area, it’s better to err on the side of caution; if you’re not certain you need to keep it, you should probably keep it in the file.

Contracts (U.S. version)

Every state in the U S has regulations that define certain types of records which businesses must keep, even self-employed businesses like writers. As long as you as a writer are a one-person shop, most of them won’t be an issue.  If you get to the point, however, where you are paying people to perform business functions for you (accountant, secretary, researcher, etc.) then you need to educate yourself on what your state requires.

There is one type of business record retention about which even the one-person writer shop needs to know, and that is your contracts and agreements.  Almost every publishing contract between an author and a publisher or a publishing platform will contain a clause that says that in the event of disagreement between the parties, the contract is to be interpreted under the laws of a certain state.  Most of the traditional publishing contracts indicate they will be interpreted under the laws of New York.

Obviously you want to keep the contract or agreement as long as it is active; in other words, as long as there are obligations between you and the other party which must be observed or performed.

But at such point in time as the contract has basically terminated—all parties no longer owe anything to anyone under its provisions—what do you do with it then?

Hint:  don’t throw it away.

Every state has statutes or regulations that stipulate how long such a terminated contract must be retained by the parties subject to it.  Here’s the summary:  if you or your publisher reside or work in Louisiana, or if the contract says it will be interpreted by the laws of Louisiana, the rule is to hold it fifteen years past termination.  All the other states have settled on a term of five years.

In states other than Louisiana, the only caveat I would raise would be if the contract had provisions that dealt with finances, you should probably keep it until the last year it operated has passed its seventh year tax retention.

And finally, the contract file should contain anything that would have a bearing on the intent of the parties in drafting the agreement, as well as anything that might bear on how it should be interpreted.  So yes, you may need to keep some letters or e-mails to support that contract.

In summary: be organized, back everything up to protect yourself, and manage your records.

Record Keeping, Part One: Not Sexy . . .

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Contrary to popular belief, you as a writer don’t have to keep every single piece of paper or e-mail or e-documentation that comes your way.  And you especially don’t have to keep it forever.  However, just like any business owner out there, you need to have a good idea as to what kind of records you need to keep, and you need to have some idea as to how long they should be kept.

This gets down to the nitty-gritty, detailed, organized, obsessive, and—dare I say it—boooooriiiiing part of being a writer.  Keeping your records updated, filed, and organized is a necessity; particularly in a profession that undergoes regular and sometimes heightened scrutiny from the taxing authorities, and also has to deal with contracts.

Get Organized

Yes, you absolutely need an organized filing system.  No, it doesn’t need to be very complicated, as long as it’s logical.  It can be totally paper based, or totally electronic, or both.  But it has to exist, and you have to maintain it, or the risk of you getting into trouble really escalates.

You can go totally electronic:  scan all your documents into digital memory, even your signed contracts.  There is case law now that has established that a scan of a signed contract is just as valid a record of the agreement as the signed paper original which was scanned.  And there are businesses out there that destroy their originals as soon as they are scanned.  No drawers full of paper, no clouds of paper dust.  But there are also disadvantages:  you have to stay on top of the scanning and not let it pile up, or you never get it done; you have to keep your electronic files just as organized as you would the equivalent paper files; and you have to remember to back up all the files regularly.  Daily, if you work frequently.  Definitely every time you add, change, or delete data.  More about that later.

You can go with all paper, but in the internet age, a hybrid combination of paper and electronic is more practical:  keep your most important documents in paper, but go with electronic copies of correspondence, work notes, etc.  But you still have to have an organization method, and you have to stay on top of the filing, both electronic and paper.  And make sure the electronic records are backed up.

The big thing is to have a method, to be organized in a manner that works for you and is efficient.  But make sure somebody else knows how you do things, because there are always those odd moments where you’re not at home and something needs to be found.

This is especially important when it comes to your financial records, since they will be the foundation of your tax filings.  You can use an application such as QuickBooks, or you can just build all the revenue and expense records into a (relatively) simple spreadsheet.  But you have to do it.  And while you’re at it, whatever method you use, make sure it’s backed up frequently.

Myself, I organize everything by the writing project.  Work notes, drafts, contracts, payments, mail (both e- and paper), everything except tax documentation gets put under the header of a project.  I find it a simple yet convenient structure, because 99% of the time if I need to look something up, it’s the project name I’m going to be searching under.  My tax forms and supporting documentation I organize by tax year.

Back It Up

And again I say, back everything up.  If your house or office floods, or burns, or is robbed/vandalized, or is in hurricane country or tornado alley, and you’re in the middle of an IRS audit or a litigation about contract compliance when the disaster happens, just how valuable would that back-up file be to you?

Even if you like the paper records, there is good reason to scan all the important ones, such as your contracts, your tax returns, and all your current income and expense records.  This will allow you to back them up in a cloud service such as Carbonite.  If you don’t want to trust a cloud service, then at least copy the files to flash drives or an external hard drive and store them someplace else.  That doesn’t mean in your bedroom closet, either.  I mean someplace miles away from your location.  If you or your spouse has a day job, take them there and bring the older ones back home.

In the words of the old platitude, don’t put your eggs all in one basket.  Do something to mitigate the risk.

(Be sure to come back tomorrow for the conclusion!)

U.S. Taxes: Things to Keep In Mind, Part Two

Business Guest Posts Legal Issues Taxes The Writing Life 2 Comments

A guest post by Brenda Lindsey.

SHOULD I BE MAKING QUARTERLY ES PAYMENTS?

The rule for everyone is the same. The U.S. is a pay-as-you-go tax system. As you earn income, you must pay taxes. However, a common misconception is that every self-employed individual must make quarterly estimated tax payments. If you file your income tax return and have not paid throughout the year, you will be penalized. There are some general exceptions to the penalty: if you owe less than $1,000 in taxes for the current year; if you have already paid in 90% of what is due in the current year; or if in the previous year you have already paid in 100% of the tax due for the current year. (Look at last year’s Form 1040, Line 61.)

Not all writers are full-time writers.  As a writer, if you also have a wage or salary earning job, you get an added advantage to the pay-as-you-go rule. All payments to the IRS remitted through withholding by your employer will be considered remitted equally throughout the year – even if you change your W4 at the end of the year and have large withholdings to “catch-up” on taxes for income received much earlier in the year. Also, payments to the IRS when your status is “married filing jointly” are considered joint payments and will apply to the joint taxes owed. This is why, if possible (i.e. you or your spouse have another job with an employer), you should consider simplifying the process and avoiding penalties by making all your tax payments through increased withholding by an employer.

If increasing the withholdings through an employer is not an option, you will need to make estimated tax payments on Form 1040 ES. You should estimate the taxes you need to pay (estimated self-employment income less estimated deductions multiplied by your income tax bracket + approximately 15%) and divide by 4. These payments are due on an unusual schedule – April 15, June 15, Sept. 1, and Jan. 15. You can get a refund on your income tax return and still incur ES payment penalties because you did not remit timely payments on the “pay-as-you-go” system. (You can get a waiver if you can show – via Form 2210 – the actual amounts earned by quarter. This would be used, for example, if you received a large advance in the last quarter of the year.)

CAVEAT ABOUT CLAIMING DEDUCTIONS

Be very careful about what you claim as deductible expenses.  This is one of the areas where writers can most easily find themselves in conflict with the IRS.  Remember, only your expenses as a writer can be deducted from your self-employed writer’s income.  For example, if you and your spouse travel together to another city to attend a convention, unless your spouse is also a writer, only your travel, meal, and lodging expenses are deductible.

CONSIDER HIRING A CPA

While it is wise to understand the rules involved and the records you should be keeping, the paperwork should not keep you from your first love – writing. A Certified Professional Accountant can remind you of deadlines, file forms on your behalf and help you to avoid unnecessary penalties. Keep orderly and itemized records of receipts and expenses and consider letting a CPA worry about Uncle Sam.

Good luck with your writing!

Guest Writer Bio:
Brenda is a Certified Public Accountant and has over 10 years in public accounting experience, specializing in taxes for small businesses. She is currently the Controller of New Gulf Resources, LLC in Tulsa, OK. She is not a writer, but she is a reader, and she is related to Fictorian David Carrico, so she has a connection with the writing life.

U.S. Taxes: Things to Keep In Mind, Part One

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A guest post by Brenda Lindsey.

You have finally finished that book you dreamed of writing. As you are showing off that first advance check from the publisher, don’t forget about Uncle Sam. He will want to see that check also.

WHERE DO I REPORT MY INCOME?

Yes, even if you don’t receive a 1099 statement from a publisher at the end of the year, you are still legally required to report writing income.  Amounts received as income from writing books, including but not limited to advances and royalties, are generally considered self-employment income. The Internal Revenue Service will want to see it reported on your Form 1040, Schedule C. (The exception would be if you are fortunate enough to continue receiving royalties after you have quit writing. In that case the royalties are “passive income” and would be reported on Form 1040, Schedule E.)

In addition to tracking the income you receive, you will also want to keep track of your expenses. A good rule of thumb is any expense that you would not otherwise have if you were not in this business, is a business expense. Items such as the business use of your computer, ink or toner, paper, legal fees, subscriptions and office rent are some examples of ordinary business expenses you might deduct from the income on Schedule C.  Other expenses would be things like travel, lodging, and meal expenses for attendance at conventions or seminars.  Get receipts for everything, and don’t lose them.  Or if you drive to a local book signing or conference, that mileage will be deductible.  Make sure you write down the beginning and ending odometer readings as backup for the deduction.

WHAT IF I LOST MONEY?

After deducting all your expenses, you will arrive at your net earnings. If your expenses exceed your income (and they may), then you will have a net loss. Net losses can be used to offset income from other sources. You do not have to have net earnings from your business every year. The rule is if you have net earnings in three out of every five years, the IRS will presume you are in business to make a profit (a requirement to deduct expenses on Schedule C). However, if your business does not have net earnings for three out of every five years, you should be prepared to convince the IRS that you are operating a business and not simply pursuing a hobby. Hobby losses are only deductible on Schedule A as an itemized deduction and have more limitations.

WHAT IS THIS SELF-EMPLOYMENT TAX I’VE HEARD ABOUT?

Net earnings from self-employment are not only subject to income taxes, but they are also subject to self-employment taxes. These “self-employment” taxes are comparable to the Social Security and Medicare withheld as FICA from a “wage-earner’s” paycheck by his employer. The percentage withheld is 7.65% and his employer matches it by paying in another 7.65%, for a total of 15.3%. The employer provides a form to reconcile the withholdings and the match to the IRS.

When you are self-employed, you are your own employer. You must remit the total 15.3% as self-employment taxes. This is reported on your Form 1040, Schedule SE. (There is a cap of $117,000 on the amount of earnings subject to Social Security.) If you forget about self-employment taxes, you may be unpleasantly surprised when you file your income taxes.

(Continued Tomorrow)

Editorial Comment:

The Fictorians are aware that many of our readers are not United States citizens, and consequently conduct their lives and businesses under statutes and regulations that are markedly different from those in the U S A.  Most of our posters for this month are American, and the few who aren’t are Canadian, so the perspective in this month’s posts will of necessity be somewhat limited.  Nonetheless, if you are one of those readers from somewhere other than North America, as you read of issues in our laws and practices, perhaps they will make you mindful of things you should be aware of in your situations as well.

Guest Writer Bio:
Brenda is a Certified Public Accountant and has over 10 years in public accounting experience, specializing in taxes for small businesses. She is currently the Controller of New Gulf Resources, LLC in Tulsa, OK. She is not a writer, but she is a reader, and she is related to Fictorian David Carrico, so she has a connection with the writing life.