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The Steve Laube Agency

The Steve Laube Agency

Helping to Change the World Word by Word

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Home » Contracts

Contracts

Deadlines and Taxes

By Steve Laubeon April 15, 2024
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Two certainties in the life of a writer. Deadlines and taxes.

You know what a deadline is. It has the word “dead” in it for a reason. In addition to the reality of taxes, the April 15 income tax filing deadline for those living in the United States is intrinsic to the reality. (And since today is April 15, I thought it appropriate to revisit some key bits of information.)

What about those taxes?

First, is the obligatory disclaimer. I am not a tax attorney or a tax accountant. I am merely discussing concepts and ideas that you may or may not use in your situation. And, as always, when it comes to your taxes, make sure you follow the rules of your country, province, or state. And, if appropriate, consult a professional.

Some of you may roll your eyes and say, “I already know this.” But remember, there was a time when you did not. I get many beginner questions each year from debut authors discovering the industry’s business side for the first time.

Keep Good Records

One advantage of the self-employed writer is the ability to deduct certain expenses related to the writing profession. Writers-conference fees, purchasing books on writing, website hosting fees, promotional items used to market your book, etc. These are possible deductions, but you must have a record of each expense.

And I mean keep everything: receipts, ticket stubs, bank statements, check registers, ATM receipts, mileage (when and where and how far). Nowadays, some people use the camera on their phone to record the receipt. The problem is later organizing the information in one place. If you have good recommendations, post them in the comments below. (The Tax Act provides an article with ideas here.)

Now is the time to start trying to collect your 2024 expense receipts if you haven’t already begun. Trying to find that receipt next year might be a challenge. An empty shoe box may seem convenient at the time, but it creates a lot of work later.

Hobby-Loss Rules

If you are writing as a hobby or for something that only occasionally earns money, then you can only deduct expenses equal to the amount of your revenue. In other words, you can’t buy a submarine and claim it was for research for that underwater thriller you’ve been trying to write for years.

But if you intend to derive a living from your writing, you can show a loss (and maybe deduct that submarine!?). Proving intent is something judged case by case. If you show a loss in your writing business for five consecutive years, expect a red flag to appear in the IRS inbox. It is commonly understood that the IRS will accept that you are running a business if your writing work shows a profit in at least three of the last five tax years. But in an audit, the IRS can go back many years and determine if your deductions were valid. If disapproved, you will end up with a new, very expensive tax liability and additional penalties. Read these excellent articles if your business is in danger of being classified as a hobby:
“When the IRS Classifies Your Business as a Hobby”
“What Every Self-Published Author Needs to Know About Taxes” (an excellent article every writer should read)
“Hobby Loss: What it is, How it Works, Avoiding it”

Separate Your Home from Your Business

As much as possible, keep your household income and expenses separate from your income and expenses for writing. This can be as simple as keeping a separate bank account. (This is one way to prove intent; see above.) Then, keep records separately for the business using Quicken, Mint.com, or a spreadsheet.

If you work out of your home, consider exploring the home office deduction. But be careful. If you write occasionally from your home computer and that computer is used by other family members for things other than your writing business, you will likely not qualify. If that room in the basement is your office but is also a playroom for kids or grandkids, it may not qualify. Home-office deduction rules can change from year to year. What worked for you last year may not this year. IRS Publication 587 (this 34-page document linked here) spells out the 2023 rules for those of you in the United States.  Also, the IRS Form 8829 “Expenses for Business Use of Your Home” can be found at this link.

Resources

A good book is New Tax Guide for Writers, Artists, Performers and Other Creative People (Fifth Edition: 2016) by Peter Jason Riley. This is one of the few designed specifically for those in the arts.

Another good one is Legal Roadmap for Your Creative Business: A Strategy to Protect Your Assets Without Legal Confusion (2022) by Kiffanie Stahle. A little more up-to-date than the above. And covers all sorts of creative professions.

Another is the “Tax and Business Guide for Authors” course at The Christian Writers Institute. Currently it’s priced at $99 for the multi-session course by a tax professional. Be sure to join the Institute (it’s free) and see if there is a price reduction or a sale, or an updated version of the course. However, $99 is a good investment if it saves you as much or more in the coming year.

For many of you, numbers are either a toxic topic or the equivalent of hieroglyphics. But take this issue seriously. The writing profession is ultimately a business. Granted a business based in the creative arts, but it is still a business. Talk to a qualified tax accountant if you have questions. Never rely on the hearsay of another writer who gives anecdotal information at a writers conference. The IRS won’t accept the excuse that “Shirley told me it was okay to write off my Australian cruise because I was researching an article about Sydney!”

[This is a revised and updated version of a previously published post.]

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Category: Book Business, Legal Issues, Writing CraftTag: Book Business, Contracts, taxes, Writing Craft

Fun Fridays – March 1, 2024

By Steve Laubeon March 1, 2024
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Contracts can be confusing. Enjoy this wisdom from Chico and Groucho Marx (from their movie made in 1935; some things never change):

Read moreFun Fridays – March 1, 2024
Category: Contracts, Fun FridaysTag: Contracts, Humor

Defusing Contract Landmines

By Steve Laubeon February 12, 2024
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It is crucial that every author knows that if they sign a contract, they are legally bound by the terms within that contract. Even if it is to their disadvantage. Our agency is often approached with a phrase like “I signed a bad book contract and want out of it. Can you help?” Usually, the answer is “Unfortunately, no.” After so many years of running into landmines buried …

Read moreDefusing Contract Landmines
Category: Book Business, Contracts, Legal IssuesTag: Book Business, Contracts, Legal

R Is for Reserve Against Returns

By Steve Laubeon November 6, 2023
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Every traditionally published author needs to understand the principle of “Reserves Against Returns,” which is an integral part of publishing economics. It can reduce the amount of money an author receives in their royalty statement. It is usually a shock and elicits a phone call to their agent crying, “What happened to my money?” Did you realize that book publishing is the …

Read moreR Is for Reserve Against Returns
Category: Book Business, Publishing A-ZTag: Book Business, Contracts, Get Published, Money, Traditional Publishing

Review Any and Every Contract You Sign

By Steve Laubeon May 22, 2023
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Today’s headline sounds like a blinding flash of the obvious, but you’d be surprised how many writers are not careful about the agreements they sign. Those with a literary agent have a business partner who will review their book contracts; that is a given. But that does not remove the writer’s responsibility. And what about their magazine or online article contracts? Years ago, the Condé …

Read moreReview Any and Every Contract You Sign
Category: Book Business, ContractsTag: Book Business, Contracts

The Myth of the Unearned Advance

By Steve Laubeon September 12, 2022
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[I wrote much of this article back in 2011. Upon review, I stand by the analysis. I’ve left the past comments to accentuate the discussion.] ______________ A common myth permeating the industry is that a book is not profitable if the author’s advance does not earn out. I would like to attempt to dispel this myth. First, let’s define the term “advance.” When a book contract is created between …

Read moreThe Myth of the Unearned Advance
Category: Book Business, Career, Money, Writing CraftTag: Agents, Book Business, Contracts, Get Published, Money, Traditional Publishing

I Is for Indemnification

By Steve Laubeon April 25, 2022
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Publishing is not without risks. Plagiarism, fraud, and libel by an author are real possibilities. Thus within a book contract is a legal clause called indemnification, inserted to protect the publisher from an author’s antics. The indemnification clause, in essence, says that if someone sues your publisher because of your book, claiming something like libel (defamation) or plagiarism etc., …

Read moreI Is for Indemnification
Category: Book Business, Contracts, Copyright, Legal Issues, Publishing A-ZTag: Contracts, indemnification, lawsuit, warranty

D Is for Dispute Resolution

By Steve Laubeon February 21, 2022
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by Steve Laube

Pray that it never happens to you. But if there is a situation where you find yourself in a legal battle with your publisher regarding your book contract there are terms that will dictate how that disagreement is handled.

Here is one version from an old contract:
Any claim or dispute arising from or related to this Agreement shall be settled by mediation and, if …

Read moreD Is for Dispute Resolution
Category: Book Business, Contracts, Publishing A-ZTag: Book Business, Contracts, Disputes

What to Do About Morals?

By Steve Laubeon November 8, 2021
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In a post written last weekend Richard Curtis, agent extraordinaire, expressed surprise at a new morality clause that has apparently appeared in HarperCollins' contracts. Read his post here [warning: there is some Adult content and comments included in the post].

What the general market doesn't realize is that many Faith-based publishers have had a "moral turpitude" clause in their contracts …

Read moreWhat to Do About Morals?
Category: Book Business, Contracts, Legal IssuesTag: Book Business, Contracts, Legal Issues

Ten Commandments for Working with Your Agent

By Steve Laubeon November 9, 2020
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By request, here are my ten commandments for working with your agent. Break them at your own peril. Thou shalt vent only to thine agent and never directly to thy publisher or editor. Thou shalt not get whipped into a frenzy by the industry rumor mill fomented by the Internet. Asketh thy agent if what you’ve heard is true. Thou shalt not covet thy neighbor’s success. Be content with …

Read moreTen Commandments for Working with Your Agent
Category: Agency, Book Business, Get PublishedTag: Book Business, Contracts, Copyright, Facebook, Get Published, Internet Usage, Marketing
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