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Model
Amanda Ashley Harris
Posts: 79
Los Angeles, California, US


http://www.backstage.com/advice-for-act … eductions/

I have to buy clothing for my job and have photographic evidence of me in the clothing, if that's allowed to submit in case of an audit. I am purchasing lingerie tomorrow for a boudoir shoot but if the receipt just says "bra, underwear" etc can I get in trouble even if I report the money I make from the shoot and submit photos if necessary? I may use it on other shoots if I want a better shot in it but I'm not exactly gonna go slinking around the grocery store in it. haha!

Next, a good amount of my shoots didn't provide lunch or I had to eat before/after. Can I write off my meal even if it wasn't purchased during the shoot?

Furthermore, some people write off gym memberships/dance etc but this article says not to...If I am allowed to write off a gym membership, can I also write off food/pills/shakes for dieting? (more of a fun hypothetical legal question, I suppose)

I'd love to hear from someone with first hand experience about write offs for taxes. Thanks!
Jan 31 13 02:09 pm  Link  Quote 
Model
Paige Morgan
Posts: 4,058
New York, New York, US


This is definitely something you should be asking a paid tax/legal professional. Very few of us on here(if any) have the background to accurately say what can and can not be written off in your specific circumstances.....and audits and the potential of having to owe back taxes both suck.
Jan 31 13 02:13 pm  Link  Quote 
Photographer
J O H N A L L A N
Posts: 9,734
Santa Ana, California, US


As an individual with this kind of stuff 'on' your tax return, you're open to a whole lot more scrutiny by the IRS, than if you were incorporated and it's just another corporate expense.
Whether when all considered, it makes sense for you to incorporate, you should ask a tax attorney.
Jan 31 13 02:18 pm  Link  Quote 
Photographer
ME_
Posts: 3,131
Atlanta, Georgia, US


You should talk to a CPA. But you can verify on irs.gov that the IRS does not allow deductions of clothing purchased for work if that clothing can be worn on the street. It doesn't matter if YOU wouldn't wear it on the street, or if you only bought it for a job, or if your employer requires you to wear those particular kind of clothes. If you can wear it on the street as normal clothing, then you cannot deduct it.

For instance, if you were a plumber, and you had to buy rubberized overalls and thigh-high waterproof boots to do your job of shoveling out toilets, then you could likely deduct it: rubberized overalls and waders are not street wear. If you buy blue pants and white shirts because you feel that looks professional, and you only wear them for your plumbing jobs and wouldn't be caught dead in them except while working, you still cannot deduct them because they are "street wear."

if you had shoot where you needed to wear a clown suit, you could probably deduct that. If you had a shoot where you had to wear a business suit, you probably could not deduct it. If a male photographer bought a women's suit for you to wear, he probably could deduct it. But again, talk to a CPA - don't take the word of random people here for things like this.

There's a very good thread here somewhere, written by a model who was also a CPA, about deductions. Although you should talk to your own, but that thread had some good advice in it. I think it was by Jocelyn? Not sure.

Don't forget to talk to a real CPA! ;-)
Jan 31 13 02:24 pm  Link  Quote 
Model
Alisyn Carliene
Posts: 11,753
San Bernardino, California, US


I claim my modeling as a business under self-employed. I do write off if I need to mileage, headshots and wardrobe expenses. It's best to keep receipts, and a journal record of money made etc, but I've been claiming this for many years and been a-OK.
My grandpa's my tax man smile hes good. if you have any general questions, i can maybe help you with, PM me.
Jan 31 13 02:30 pm  Link  Quote 
Photographer
Karl JW Johnston
Posts: 9,313
Toronto, Ontario, Canada


Paige Morgan wrote:
This is definitely something you should be asking a paid tax/legal professional. .

/thread

Jan 31 13 02:32 pm  Link  Quote 
Photographer
Karl Philip Duarte
Posts: 133
Montreal, Quebec, Canada


MY 2 cents are simple, do you wear the clothes after ths shoot, if so , not a tax right off, 2 if you do not buy the clothes can you still work, it is cheaper and much easier to pay a clothes stylist , which wil give your a receipt for serves rendered and that You can declare as a tax right off, also the stylist will bring the newest and trendiest  wardrobe available.
Jan 31 13 02:32 pm  Link  Quote 
Model
Alisyn Carliene
Posts: 11,753
San Bernardino, California, US


Karl Philip Duarte  wrote:
MY 2 cents are simple, do you wear the clothes after ths shoot, if so , not a tax right off, 2 if you do not buy the clothes can you still work, it is cheaper and much easier to pay a clothes stylist , which wil give your a receipt for serves rendered and that You can declare as a tax right off, also the stylist will bring the newest and trendiest  wardrobe available.

Wardrobe that is bought specifically for work (doesn't matter if she wears it to bed afterward) is still considered a write-off. The truth is, sure, OK this article says it might not count if used to wear everyday, but there's not a real way to prove it either. It doesn't specify if it's lingerie or pants, because modeling is non-specific as to what kind of modeling she's doing. It is best to write off with receipts saved just in case, but I've never had to actually use them.

Jan 31 13 02:35 pm  Link  Quote 
Photographer
J O H N A L L A N
Posts: 9,734
Santa Ana, California, US


If one's purchasing wardrobe for modeling, they really shouldn't be wearing it on the street anyway (having nothing to do with taxes, just keeping the garment pristine).
My company purchases wardrobe periodically and it's expensed, just like any other expense. I don't shoot male models much, but if I did and purchased wardrobe to be used with them, I would expense it, it wouldn't make a bit of difference if technically the owner (I'm a corp), could theoretically wear the item or not.

Technically, then if at some point I wanted to use the garment personally, I should purchase it from the business in an arms-length transaction for a substantially reduced price, consistent with the used clothing market.

P.S. The reason I say tax attorney rather than CPA (tax attorneys are generally also CPAs), is that privilege attaches to all dealings and all communication and what not between you and the tax attorney. It is private and can not be forced to be divulged in court (except under some unusual circumstances). That is not the case with a CPA and therefore a CPA can not be as aggressive in your best interest.
Jan 31 13 02:48 pm  Link  Quote 
Photographer
LightAndShadows
Posts: 98
Hanford, California, US


Hi Amanda,

ME_ wrote:
There's a very good thread here somewhere, written by a model who was also a CPA, about deductions. Although you should talk to your own, but that thread had some good advice in it. I think it was by Jocelyn? Not sure.

The old discussion thread about this by a model, who is an accountant, is:

http://www.modelmayhem.com/po.php?thread_id=270069

Jan 31 13 02:51 pm  Link  Quote 
Photographer
R Michael Walker
Posts: 11,957
Costa Mesa, California, US


Amanda Ashley Harris wrote:
http://www.backstage.com/advice-for-act … eductions/

I have to buy clothing for my job and have photographic evidence of me in the clothing, if that's allowed to submit in case of an audit. I am purchasing lingerie tomorrow for a boudoir shoot but if the receipt just says "bra, underwear" etc can I get in trouble even if I report the money I make from the shoot and submit photos if necessary? I may use it on other shoots if I want a better shot in it but I'm not exactly gonna go slinking around the grocery store in it. haha!

Next, a good amount of my shoots didn't provide lunch or I had to eat before/after. Can I write off my meal even if it wasn't purchased during the shoot?

Furthermore, some people write off gym memberships/dance etc but this article says not to...If I am allowed to write off a gym membership, can I also write off food/pills/shakes for dieting? (more of a fun hypothetical legal question, I suppose)

I'd love to hear from someone with first hand experience about write offs for taxes. Thanks!

I've been filing my schedule "C" with my taxes for decades. In MY experience, if your clothing can be used outside the project you bought it for it's not tax deductible. I've had 4 different actors when i worked in TV who were audited for such deductions. They claimed they had no use for the clothing outside their show. The IRS did not agree and the deductions were denied. So were other things AND they looked at their back taxes from several years as well which cost them a lot of $$. Meals are only partially deductible ever and again, you have to eat so it needs to be a business meeting of some sort to qualify usually.

Jan 31 13 03:04 pm  Link  Quote 
Photographer
JONATHAN RICHARD
Posts: 622
New York, New York, US


Amanda Ashley Harris wrote:
I have to buy clothing for my job and have photographic evidence of me in the clothing, if that's allowed to submit in case of an audit..........I'd love to hear from someone with first hand experience about write offs for taxes. Thanks!

Advice from a retained CPA /Tax attorney for direction would be my first advice as any audit  of your filing will  require  accountability of the responsible individuals .

If Your modeling is being conducted to produce income and not as a hobby
generaly there is no provision for a model to take an income deduction to offset cost of clothing purchased for modeling ... as you express ... for "purchasing lingerie"... . The presumption ,if it can be considered as an addition to your regular wear wardrobe it would generally not be considered a justified deduction.   

There is  provision to deduct cost of costumes  as work uniforms such as a Zac Posen  uniform  worn by Atlantic City's Casino'Borgata Babes or Vagus Show Girl costume 
A Photographer / Stylist can with more latitude  justify the deduction of clothing/styling items pulled from studio  wardrobe  for use by  models in the production of income for the photographer /Stylist

Jan 31 13 05:01 pm  Link  Quote 
Photographer
photo212grapher
Posts: 1,538
Saint Louis, Missouri, US


Definitely talk to a tax professional that specializes in entertainment. H&R Block may have paid tax preparers, but probably do not know the history of what works and does not work.

from the article wrote:
Clothing is always on the IRS watch list. It doesn't matter if you wear something only for auditions. If it can be worn on the street without being considered a costume, it's not deductible. If you purchased the costume for a play or showcase, then keep some production photos to prove it.

Lingerie will be difficult to call a costume. the article may have said "on the street" but that also applies to under your street clothes or in the bedroom. If you purchase Angel Wings, the wings could be classified as a costume, but probably not the VS lingerie worn with it.

Food? Forget it. Unless you are buying food for others as part of a business deal/meeting your food is not likely deductible.

[edit - Artistic Photography schooled me in a post below. I was thinking in terms of someone who was more a hobbyist than a professional. That does not apply to the OP. Sorry, Artistic Photography is correct. But for the hobbyist, you do not use Schedule C...]

Think about your typical tax return over the years. Do you itemize? If not, none of this matters. Are you spending thousands in clothing just for shoots each year? If not, you might not qualify for itemized deductions. And let's say you do itemize everything and get a hundred over the standard deduction. You do not save a $100, you save some fractional amount of that based on your tax bracket. Low income? Hardly worth the effort. High income, What's $28 for that $100 risk of an audit?

A tax deduction is only saving you the tax, not the expense on the amount you spend. If you incorporate [bad word choice... "operate as a business], you might be able to depreciate the expense, but plan on being audited and providing proof of everything. That means maintaining business-like bookkeeping records of everything you do.

Reality? Avoid the audit. Pocket some cash modeling fees. You just came out ahead and no one cares.

Jan 31 13 07:02 pm  Link  Quote 
Model
Jojo West
Posts: 972
Silver Spring, Maryland, US


I've done taxes for years and worked for accounting firms. Yes you can use them as write-offs. If you'd like more information feel free to PM me. The tax laws change every year and so the the amounts you're allowed to deduct overall. I'd be happy to fill you in on this if you'd like. smile
Feb 01 13 07:27 am  Link  Quote 
Photographer
ArtisticPhotography
Posts: 7,699
Buffalo, New York, US


I'm not a CPA so take my advise with a grain of salt.

If the clothing is wearable outside of work, you usually can't deduct it. For example, an accountant can't deduct suits. However, a fireman can deduct a turnout coat because it's safety equipment. A lawnmowing company with logo's shirts provide to employees can write off the shirts, but if you're a sole-proprietor without employees, that's iffy.

If you bought the cloths solely for the shoot and had no need for them afterwards, and resold them on Ebay, you could probably deduct the loss as an expense. The immediate sale would show they are a prop or costume. If you keep the cloths, then they are just cloths.

In general, you can't write off your own meal. You have to eat anyway. If you bought lunch for the photographer, too, then you could probably be able to classify it as entertainment, which will give you a partial write-off.

Mileage you can write off, but not commuting mileage.

Finally, you need to do a risk/reward analysis. If you income is so low you aren't paying taxes anyway, there's no reason to take the risk. If you income is relatively low, your chances are being audited are low. If you're making $200,000 a year, a $10 blouse probably isn't worth the effort.
Feb 01 13 08:31 am  Link  Quote 
Photographer
ArtisticPhotography
Posts: 7,699
Buffalo, New York, US


photo212grapher wrote:
Think about your typical tax return over the years. Do you itemize? If not, none of this matters. Are you spending thousands in clothing just for shoots each year? If not, you might not qualify for itemized deductions. And let's say you do itemize everything and get a hundred over the standard deduction. You do not save a $100, you save some fractional amount of that based on your tax bracket. Low income? Hardly worth the effort. High income, What's $28 for that $100 risk of an audit?

A tax deduction is only saving you the tax, not the expense on the amount you spend. If you incorporate, you might be able to depreciate the expense, but plan on being audited and providing proof of everything. That means maintaining business-like bookkeeping records of everything you do.

No. No. And No!

Ignore this advise, it's very bad.

First off, standard deductions are are Schedule A. That is for things like home mortgage, real estate taxes and certain deductions for employees.

Business expenses are on Schedule C. That's where you write off business deductions.

Depreciation has nothing to do with being incorporated. I do not have any corporations but I depreciate things.

Also, depreciation is for capital expenses, not business expenses. If you buy a $10,000 camera, you depreciate it. If you buy a $2,000 camera, you expense it (yeah, I know, limitation apply here). Both are done on Schedule C, not Schedule A.

Feb 01 13 08:36 am  Link  Quote 
Photographer
ArtisticPhotography
Posts: 7,699
Buffalo, New York, US


Alisyn Carliene wrote:

Wardrobe that is bought specifically for work (doesn't matter if she wears it to bed afterward) is still considered a write-off. The truth is, sure, OK this article says it might not count if used to wear everyday, but there's not a real way to prove it either. It doesn't specify if it's lingerie or pants, because modeling is non-specific as to what kind of modeling she's doing. It is best to write off with receipts saved just in case, but I've never had to actually use them.

Again, No, No, and No.

If you are buying a cod-piece for you performance of Romeo and Juliet, that's a costume and you can deduct it. You not wearing around town, unless you're a regular poster over in SF2. If you buy lingerie for a shoot, and you're keeping it, then it's clothing and isn't deductible. 

If you could buy something for personal use and shoot with it once, to make it tax deductible, I'd be scheduling a shoot with a new Corvette.

Now, there are some exceptions. For example, if you were doing a shoot for someone and they specified the model wear lingerie, the PHOTOGRAPHER could buy the lingerie and write it off, because (s)he isn't wearing it and it's part of the shoot. At the end, (s)he would give it to the model at a reduced price (as used clothing) but the value would have to br part of the model's compensation.

Feb 01 13 08:47 am  Link  Quote 
Photographer
ME_
Posts: 3,131
Atlanta, Georgia, US


I'm so curious as to how some of the posters here feel justified in saying that regularly wearable clothes, personal meals, and personal hygiene care costs can be deducted, given that the IRS says those things cannot be deducted.
Feb 01 13 08:52 am  Link  Quote 
Model
Scarlett Renee
Posts: 217
Salt Lake City, Utah, US


It depends on the circumstances and your work. Some promotion companies give you tax forms to fill as an independant contractor, so you have to keep track of everything you spend and how much you earn to report yourself. This would have allowed me, had I made enough to have to claim on taxes, to claim certain costs as deductible. But it is only a small percentage of certain types of hygeine and clothing as they required a very specific wardrobe and look. They (IRS) are going to be very specific about it and you are probably going to have to have the paperwork to justify it. The only one who's going to be able to answer these questions for you are local tax pros for your area. Honestly what you can claim probably isn't going to be worth it for all the extra hassle and paperwork.
Feb 02 13 02:14 am  Link  Quote 
Photographer
Digitoxin
Posts: 13,332
Houston, Texas, US


LightAndShadows wrote:
Hi Amanda,


The old discussion thread about this by a model, who is an accountant, is:

http://www.modelmayhem.com/po.php?thread_id=270069

This IS the answer.

Feb 03 13 05:53 pm  Link  Quote 
Photographer
Digitoxin
Posts: 13,332
Houston, Texas, US


Alisyn Carliene wrote:

Wardrobe that is bought specifically for work (doesn't matter if she wears it to bed afterward) is still considered a write-off. The truth is, sure, OK this article says it might not count if used to wear everyday, but there's not a real way to prove it either. It doesn't specify if it's lingerie or pants, because modeling is non-specific as to what kind of modeling she's doing. It is best to write off with receipts saved just in case, but I've never had to actually use them.

This is bad advice.  And, if you ever do get audited, might not prove to be in your best interest.

Feb 03 13 05:58 pm  Link  Quote 
Photographer
Image K
Posts: 23,363
Las Vegas, Nevada, US


ME_ wrote:
I'm so curious as to how some of the posters here feel justified in saying that regularly wearable clothes, personal meals, and personal hygiene care costs can be deducted, given that the IRS says those things cannot be deducted.

I agree...but Model Mayhem is generally full of bad advice.

The OP should consult a tax professional.

Feb 03 13 06:02 pm  Link  Quote 
Photographer
Digitoxin
Posts: 13,332
Houston, Texas, US


Jojo West wrote:
I've done taxes for years and worked for accounting firms. Yes you can use them as write-offs. If you'd like more information feel free to PM me. The tax laws change every year and so the the amounts you're allowed to deduct overall. I'd be happy to fill you in on this if you'd like. smile

I am shocked by your response here.

You are saying that a model can buy clothing, required for a shoot --- say, a blouse and a skirt or a bra and panties -- and the tax firm you worked for would allow her to write that off?

If that is the case, there are a bunch of businesswomen and business men who's employer requires them to wear a tie and suit to work who are going to line up to take this "deduction".... IRS rules are surprisingly clear on this point --- if the clothing is suitable to wear outside of the job, it cannot be written off.

Please help us all understand your firm's position on this.

Feb 04 13 04:14 am  Link  Quote 
Photographer
ME_
Posts: 3,131
Atlanta, Georgia, US


ME_ wrote:
I'm so curious as to how some of the posters here feel justified in saying that regularly wearable clothes, personal meals, and personal hygiene care costs can be deducted, given that the IRS says those things cannot be deducted.
Image K wrote:
I agree...but llama Mayhem is generally full of bad advice.

The OP should consult a tax professional.

Yes, and I suppose they can keep claiming these costs as deductions until they get audited and caught. Those IRS backtaxes, penalties, and interest are a bitch though.

I'm truly shocked though though that a [competent] CPA firm would supposedly endorse and sign off on a tax return claiming those deductions.

Feb 05 13 06:44 am  Link  Quote 
Photographer
AJScalzitti
Posts: 12,207
Atlanta, Georgia, US


You need to talk to a tax professional.  That part is universal in everyone's advice, mine had me form a corp for tax reasons BTW.  Yes it's far mor complicated to do my taxes now but that is the whole reason for them.  They are not really for any legal shield as people suggest, someone could name you directly if they are suing you and it's your burden to prove otherwise in most cases.  They are however a tax structure that is good for some, ask a pro
Feb 05 13 06:53 am  Link  Quote 
Model
Persephone Sweetsin
Posts: 27
Cape May, New Jersey, US


When I did my taxes after working in retail, I included the modeling that I do. I made a cpl of spreadsheets showing how much I got paid for a shoot, how much I paid for traveling expenses, and I had receipts of clothes that I had to buy that are not apart of my everyday wear.

Everything was pretty much fine and all checked out, I didn't owe anything back or be audited, so I suppose it's different for everyone. The person I talked to, told me that I should file quarterly because of the modeling since I get paid sometimes smile
Feb 11 13 05:57 pm  Link  Quote 
Photographer
Michael Fryd
Posts: 3,447
Miami Beach, Florida, US


Aspiring Persephone wrote:
When I did my taxes after working in retail, I included the modeling that I do. I made a cpl of spreadsheets showing how much I got paid for a shoot, how much I paid for traveling expenses, and I had receipts of clothes that I had to buy that are not apart of my everyday wear.

Everything was pretty much fine and all checked out, I didn't owe anything back or be audited, so I suppose it's different for everyone. The person I talked to, told me that I should file quarterly because of the modeling since I get paid sometimes smile

I know someone who ran a red light and didn't get a ticket.  This does not mean that running red lights is legal, nor does it mean that others can freely run red lights without fear of being caught.


Keep in mind that whether or not something may legitimately be deducted is based on the tax code, not on common sense.


If you want to protect yourself, make sure you are very clear in accurately describing things to your your accountant.   Pick an accounting firm that guarantees correctness and will pay the penalties and interest should the IRS find the deduction was not allowable.

Feb 11 13 06:21 pm  Link  Quote 
Photographer
Amy Genevieve
Posts: 6
Winnipeg, Manitoba, Canada


Food can only be written off it is for the shoot or for a business meeting about the shoot, in which case it can be done at 50%. As for the lingerie I think it could be doable but only if you can prove that it was purchased 100% for the shoot, and will not be used for anything else. I know you can right off the gas it takes you to get to the shoot as long as you drive straight there and back keeping a mileage log. I think you should go to an accountant making sure to keep all your receipts and logs of things and they will tell you what you can do.
Feb 11 13 06:34 pm  Link  Quote 
guide forum
Photographer
GPS Studio Services
Posts: 34,459
San Francisco, California, US


This really explains it all to you.  I am amazed that there is even an argument going on here.  The IRS code is very clear, clothes are not deductible if it is possible for them to be worn for regular use.  It is not if you "do" wear them but if it is possible to.

A clown costume could not be, a lace bra can.  It is really as simple as that.  I disagree with the rule.  As a photographer, I can deduct wardrobe, but you cannot.  Unfortunately, we don't make the rules.

Feb 11 13 09:46 pm  Link  Quote 
Photographer
Ken Marcus Studios
Posts: 8,416
Los Angeles, California, US


Ask An Accountant . . . . not a bunch of models and photographers !

KM
Feb 11 13 09:55 pm  Link  Quote 
Photographer
Cherrystone
Posts: 35,982
Columbus, Ohio, US


Alisyn Carliene wrote:

Wardrobe that is bought specifically for work (doesn't matter if she wears it to bed afterward) is still considered a write-off. The truth is, sure, OK this article says it might not count if used to wear everyday, but there's not a real way to prove it either. It doesn't specify if it's lingerie or pants, because modeling is non-specific as to what kind of modeling she's doing. It is best to write off with receipts saved just in case, but I've never had to actually use them.

You are categorically 100% wrong on this.

If you paid a CPA and they are doing this for you, I would fire them immediately.....and pray you don't get audited for earlier years.

Feb 14 13 03:09 pm  Link  Quote 
Photographer
WIP
Posts: 15,115
Cheltenham, England, United Kingdom


Amanda Ashley Harris wrote:
Next, a good amount of my shoots didn't provide lunch or I had to eat before/after. Can I write off my meal even if it wasn't purchased during the shoot?

No.

Feb 14 13 03:33 pm  Link  Quote 
Photographer
ArtisticPhotography
Posts: 7,699
Buffalo, New York, US


ME_ wrote:
You should talk to a CPA. But you can verify on irs.gov that the IRS does not allow deductions of clothing purchased for work if that clothing can be worn on the street. It doesn't matter if YOU wouldn't wear it on the street, or if you only bought it for a job, or if your employer requires you to wear those particular kind of clothes. If you can wear it on the street as normal clothing, then you cannot deduct it.

For instance, if you were a plumber, and you had to buy rubberized overalls and thigh-high waterproof boots to do your job of shoveling out toilets, then you could likely deduct it: [/u]rubberized overalls and waders are not street wear[/u]. If you buy blue pants and white shirts because you feel that looks professional, and you only wear them for your plumbing jobs and wouldn't be caught dead in them except while working, you still cannot deduct them because they are "street wear."

if you had shoot where you needed to wear a clown suit, you could probably deduct that. If you had a shoot where you had to wear a business suit, you probably could not deduct it. If a male photographer bought a women's suit for you to wear, he probably could deduct it. But again, talk to a CPA - don't take the word of random people here for things like this.

There's a very good thread here somewhere, written by a model who was also a CPA, about deductions. Although you should talk to your own, but that thread had some good advice in it. I think it was by Jocelyn? Not sure.

Don't forget to talk to a real CPA! ;-)

This is pretty good, except two things.

First off, I think in certain parts of Georgia; overalls and waders are, in fact, street wear.

Second, if you happened to be a guy, then lingerie for a spoof-shoot might be deductible because you not likely to wearing it again.

Otherwise, it's good.

Feb 14 13 04:30 pm  Link  Quote 
Model
Persephone Sweetsin
Posts: 27
Cape May, New Jersey, US


Michael Fryd wrote:

I know someone who ran a red light and didn't get a ticket.  This does not mean that running red lights is legal, nor does it mean that others can freely run red lights without fear of being caught.


Keep in mind that whether or not something may legitimately be deducted is based on the tax code, not on common sense.


If you want to protect yourself, make sure you are very clear in accurately describing things to your your accountant.   Pick an accounting firm that guarantees correctness and will pay the penalties and interest should the IRS find the deduction was not allowable.

Well please keep in mind, I was stating my experience with doing my taxes for modeling, not really meaning as though it will work 100% all the time for everyone, but has specifically for me only. Everyone else will vary with their own experience on that. For some it works, for others it doesn't, and for me, it did smile

Feb 14 13 06:33 pm  Link  Quote 
Photographer
HHPhoto
Posts: 855
Atlanta, Georgia, US


Jessalyn's post  http://www.modelmayhem.com/po.php?thread_id=270069

Digitoxin wrote:
This IS the answer.

Jessalyn's original post is from 2008.  I remember reading it at the time and just quickly browsed her original post.  She had it right then, and the law has not significantly changed since.

Best advice is still to consult a tax accountant or tax attorney.

Feb 14 13 06:54 pm  Link  Quote 
Photographer
HHPhoto
Posts: 855
Atlanta, Georgia, US


Please excuse double post.
Feb 14 13 06:55 pm  Link  Quote 
Photographer
Michael Fryd
Posts: 3,447
Miami Beach, Florida, US


Aspiring Persephone wrote:

Well please keep in mind, I was stating my experience with doing my taxes for modeling, not really meaning as though it will work 100% all the time for everyone, but has specifically for me only. Everyone else will vary with their own experience on that. For some it works, for others it doesn't, and for me, it did smile

Of course it worked for you.  Tax fraud is easy.

Anyone can take a deduction for specialized clothing.  As long as your overall deductions don't look out of line, you will probably get by.  This is true even if you didn't spend a dime on clothing.

The reason is that a typical tax return includes only subtotals of expenses for various categories, not a detailed listing of every expense taken.     


The problem is that you are playing russian roulette.  Sure, you probably will come out OK, but there's a significant chance of a very bad outcome.

If your return gets audited, then the IRS may ask to see supporting documentation for your deductions.  This is where they would notice that some expenses were made up, or were inappropriate for the listed category.

The IRS may recompute your taxes.  In addition to back taxes, you may need to pay penalties, interest, and in some circumstances serve jail time.  It is likely that would examine tax returns from previous years, and your would also owe on them.   The penalties are intended to be harsh in order to deter people from submitting false or improper returns. 


There are limits on how far back the IRS can go.  These limits are much longer in the case of a fraudulent return.



Will you get audited?  it depends.  If your return seems out of line with similar returns, they may audit you.  Your return might get randomly selected for an audit.  A disgruntled ex-boyfriend could turn you in for the reward (a percentage of the additional tax collected).


In any case, it sounds like your clothing deductions are clearly not allowable under IRS rules.  I think it is a bad idea to suggest that others consider taking similar deductions.

Of course, no one should be taking tax advice from the web.  If you want real advice, don't listen to me - talk to a local tax accountant, or a tax attorney.

Feb 14 13 07:38 pm  Link  Quote 
Photographer
HHPhoto
Posts: 855
Atlanta, Georgia, US


Michael Fryd wrote:

The IRS may recompute your taxes.  In addition to back taxes, you may need to pay penalties, interest, and in some circumstances serve jail time.  It is likely that would examine tax returns from previous years, and your would also owe on them.   The penalties are intended to be harsh in order to deter people from submitting false or improper returns. 


There are limits on how far back the IRS can go.  These limits are much longer in the case of a fraudulent return.


Of course, no one should be taking tax advice from the web.  If you want real advice, don't listen to me - talk to a local tax accountant, or a tax attorney.

The statute of limitations is normally 3 years from the later of the original unextended due date of the return, or the date actually filed.  If a return is not filed, the statute doesn't begin to run until it is filed.  This is generally true for both federal and state income tax returns, although many states allow a year longer than the federal government.

In cases of substantial understatement of gross income (25% or more) the statute of limitations is extended to 6 years. IRC Section 6501(e).

In cases of fraud, there isn't a statute of limitations.  Returns filed fraudulently can be examined and adjusted at any time without limitation.  Fraud is difficult to prove as the government has the burden to prove criminal intent to make a fraud charge stick.  Fortunately, the tax law is complex and the general public is somewhat ignorant of the tax laws.  Ignorance isn't a defense for adjustments, penalties and interest charges, but it makes a fraud charge difficult to sustain.   Therefore the statute for ignorant taxpayers is generally 3 to 6 years.

Feb 15 13 04:58 am  Link  Quote 
Photographer
Vision Images by Jake
Posts: 376
Manteca, California, US


Paige Morgan wrote:
This is definitely something you should be asking a paid tax/legal professional. Very few of us on here(if any) have the background to accurately say what can and can not be written off in your specific circumstances.....and audits and the potential of having to owe back taxes both suck.

Now this is the most sound advice I have heard, so far in a lot of the forumss. Consider the source with the appropriate back ground for the correct advice.  You are most likely assured it want come back to bite you later!

Feb 15 13 03:02 pm  Link  Quote 
Photographer
David M Russell
Posts: 1,083
New York, New York, US


Write it off. If you get audited, just go to the IRS offices without any bra or panties on.

If he asks about writing off a bra and panties, just tell him it's clothing you use for work. Show him a picture, and then ask him if he needs you to prove that you don't wear it when you're not working.

Just a thought.
Feb 15 13 04:25 pm  Link  Quote 
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