Minding Your Business

Published on Nov 18, 2015

Best practices for independent creatives when it comes to the world of business and taxes. How to avoid mischaracterization as a "hobby," making the choice of the right legal structure for your business, common deduction myths, and more!

PRESENTATION OUTLINE

MINDING YOUR BUSINESS

(AKA BEST PRACTICES FOR INDEPENDENT CREATIVES)
Photo by SerenityRose

MEETING YOU WHERE YOU ARE

- Who am I? (including pronouns)
- Who is in the room?
- How many...?
- What we'll talk about: What it means to be a business, How to keep track of income and expenses & when to report it, Tax planning, Sales tax considerations, New tax law changes, Getting a team together, The basics of deductions
- Start with content and then Q&A and workshop
Photo by joelogon

TAKING CONTROL
TRACKING
REPORTING
TAX PLANNING
YOUR TEAM
DEDUCTIONS

Photo by joelogon

TAKING CONTROL

BUSINESS OR HOBBY
- Why start here? The business mentality.
- Difference between business and hobby
- 5 year loss test (3/5)
Photo by bolandrotor

TAKING CONTROL

TAX ID NUMBERS (EINS)
- Benefits of obtaining EIN
- Online process or form submitted
- SN about communicating with IRS: always by phone/mail/fax
- Keep in communication with them, no matter what the circumstance
Photo by afagen

TAKING CONTROL

BANK ACCOUNTS
- 4 REASONS FOR THIS
- Why separate accounts aid the business vs hobby argument
- Better records mean easier bookkeeping
- More deductions because there's less confusion
- it's free!
Photo by Cola21

TAKING CONTROL

INCORPORATING
- Choosing the right form of business that meets your needs
- Legal and financial (tax) implications
Photo by BinaryApe

SOLE PROPRIETORSHIP

- No paperwork, no filings with state, just an EIN
- Files income and expenses on Sch C of individual tax return
- Responsible for self-employment tax on business profits
- One owner only
- Common in businesses losing money up to about $50k in profits

CORPORATIONS

Both the C- and S- Varieties 
- Requires filing articles of incorporation with the state
- And the EIN and 2553 election with the IRS
- Multiple owners possible, owners are employees of the corporation and get wages
- C pays its own taxes, S passes through profits and losses to the owners based on the percentage of ownership
- S common with businesses $50k-$275k in profit annually
- C common with businesses $275k+ annually

PARTNERSHIP

- Though not required, recommend doing this by creating LLC
- Requires filing articles of formation with the state
- And the EIN with the IRS - being very careful about how it wants to be taxed!!!
- Multiple owners possible, owners are NOT employees of the corporation and get guaranteed payments
- passes through profits and losses to the owners based on any percentage they want
- common in creative firms, collectives, of all income ranges
Photo by stevepurkiss

NONPROFIT

- Requires filing articles of formation with the state
- And the EIN and 1023 with the IRS. 1023-EZ available for small nonprofits. (Recommend getting help)
- No owners, managed by BOD
- can be appealing, but comes with a lot of additional paperwork
- might also consider L3C or Benefit Corporations for some benefit without the full burden of tax-exempt status
- SN about Kickstarter and other crowdfunding campaigns
Photo by HowardLake

TAKING CONTROL

TRADEMARKING
- The difference between acquiring a domain name, registering with the state, and filing a trademark
- You'll pay separate filing fees per class
- International considerations
Photo by Leo Reynolds

TRACKING

SPREADSHEETS
- simplest and often free way of keeping score
- Name, date, amount, category
- Template available in the Resources at the end of the deck
- Talk through the pro's and con's
Photo by irina slutsky

TRACKING

XERO
- Xero benefits over QB
- QB: $20-60 a month, Xero: $9-30 a month until international
- Ecosystem of partner products
- Automate a lot of the data entry and eliminate possibility of user errors or missing data
- Really becomes necessary when moving to incorporated, but often used even earlier
Photo by benn

TRACKING

 APPS (LIKE SHOEBOXED OR HUBDOC)
- Shoeboxed and Hubdoc are great options
- Eliminates need to keep paper
- $10-40 a month
- Backup plan for paper
Photo by bigyahu

REPORTING

  • Sole Props / Individuals: April 15th
  • S-corps: Quarterly Payroll and March 15th
  • Partnerships: March 15th
  • Incorporated: annual report
  • 1099s
- Also April 15th for C-corps
- 1099 implications
- SN: Independent Contractors vs Employees
Photo by angelaathomas

TAX PLANNING

20% OR 30%
- How to think about income taxes on your business
- Rough estimate: 20% of gross or 30% of net
- Set aside in separate account or pay in quarterly
- first year exception to underpayment penalty
Photo by CarbonNYC

SALES TAXES

- Tangible goods (gray area of software)
- Origin vs Destination
- New definitions of "nexus" includes no presence, but $100k sales or 200 transactions (Wayfair rule)
- Services that plug into e-commerce like Taxjar

YOUR TEAM

DONT GO IT ALONE
- Banker
- Lawyer
- Accountant
Photo by xavi talleda

DEDUCTIONS

THE GOLDEN RULE
- Explain the idea behind deductions and the "golden rule"
- Why no deduction list will ever be complete

DEDUCTION MYTHS

  • Donation of services
  • Travel
  • Research
  • Home Office
  • Cell phones, Internet, computers
- Walk through each of these myths
- Travel: inc meals at 50%, all other costs of being away from "home"
- 51% business, otherwise only direct costs
- Home office: regularly and exclusively, exception to exclusive for inventory
Photo by Lujia Zhang

RESOURCES

Photo by Sanwal Deen

RESOURCES

Photo by Sanwal Deen

THANK YOU

AND QUESTIONS. BUT MAINLY THANK YOU.
Photo by Eleaf