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Subject Author Date
Sole Proprietor Question zyuvi-usenet 01-12-2007
Posted by zyuvi-usenet on January 12, 2007, 7:12 am
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By day, I work at a high-tech company (as an employee to the
company), but by night, I write fiction on my own. I am
currently trying to sell my novel and I have made little
money at my fiction writing (a few awards and story
publications here and there), but I'm wondering if I could
consider this a business over the next year. Can I consider
myself a sole proprietor? What are the laws with regard to
this? Can I work another job? Can I lose money as long as
I'm trying to make money? Can I write off expenses with
regard to this endeavor?

Thanks for any information!

~yuvi

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Posted by Paul Thomas, CPA on January 13, 2007, 2:12 am
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> By day, I work at a high-tech company (as an employee to the
> company), but by night, I write fiction on my own. I am
> currently trying to sell my novel and I have made little
> money at my fiction writing (a few awards and story
> publications here and there), but I'm wondering if I could
> consider this a business over the next year. Can I consider
> myself a sole proprietor?

That is what you would be, a self-employed writer. You'd
have to tighten up your records though, not only to prove
the expenses, but that your activity is being done with the
intent to turn a profit.

> What are the laws with regard to this?

Same for any self-employed person.

> Can I work another job?

Yes.

> Can I lose money as long as
> I'm trying to make money?

To a degree, yes. Economics kicks in after a while and you
have to give up the sinking ship.

> Can I write off expenses with
> regard to this endeavor?

Yes. Be aware though that having large business (writing)
expenses being deducted against ordinary income draws
attention. If you get audited, you might be on the hook to
prove your profit motive.

--
Paul Thomas, CPA
paulthomascpapc@bellsouth.net

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by BR on January 15, 2007, 2:07 am
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Paul Thomas, CPA wrote:

>> By day, I work at a high-tech company (as an employee to the
>> company), but by night, I write fiction on my own. I am
>> currently trying to sell my novel and I have made little
>> money at my fiction writing (a few awards and story
>> publications here and there), but I'm wondering if I could
>> consider this a business over the next year. Can I consider
>> myself a sole proprietor?

> That is what you would be, a self-employed writer. You'd
> have to tighten up your records though, not only to prove
> the expenses, but that your activity is being done with the
> intent to turn a profit.

>> What are the laws with regard to this?

> Same for any self-employed person.

>> Can I lose money as long as
>> I'm trying to make money?

> To a degree, yes. Economics kicks in after a while and you
> have to give up the sinking ship.

>> Can I write off expenses with
>> regard to this endeavor?

> Yes. Be aware though that having large business (writing)
> expenses being deducted against ordinary income draws
> attention. If you get audited, you might be on the hook to
> prove your profit motive.

Usually, you get 5 years to start making a profit, before
the IRS considers it to be a "hobby" rather than a bonafide
business. Corrections invited.

--

Remove the TOS star ship captain to reply.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Paul Thomas, CPA on January 16, 2007, 7:40 pm
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> Usually, you get 5 years to start making a profit, before
> the IRS considers it to be a "hobby" rather than a bonafide
> business. Corrections invited.

What happens is that after 5 years of losses (longer for
horse racing I believe), the full burden of proof that you
have a legitimate business activity (as opposed to a hobby)
falls on you. If you have profits in two of five years,
then you are presumed to be in a business (the burden falls
to the IRS to prove otherwise).

We probably all have clients that continue to show losses
for more than a 5 year duration, that never have been
questioned about their profit motive.

--
Paul Thomas, CPA
paulthomascpapc@bellsouth.net

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Benjamin Yazersky CPA on January 13, 2007, 2:31 am
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> By day, I work at a high-tech company (as an employee to the
> company), but by night, I write fiction on my own. I am
> currently trying to sell my novel and I have made little
> money at my fiction writing (a few awards and story
> publications here and there), but I'm wondering if I could
> consider this a business over the next year. Can I consider
> myself a sole proprietor? What are the laws with regard to
> this? Can I work another job? Can I lose money as long as
> I'm trying to make money? Can I write off expenses with
> regard to this endeavor?

as an author, you are generally on the cash basis of
accounting you need to document your writing activitities
expenses incurred in writing a book are only deductible in
the year that they are incurred given the hobby loss rules,
you should address the profit motive issues

___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] >>>
-----> real address on hobokeni or hobokenx <-----

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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