.... and what "items" are you referring to and why? That would help better that what you just posted above.
I'm asking David the same thing. You guys are telling me that I'm wrong but what am I wrong about? You're talking all this and not telling them "items" that you are referring to. So tell me what items they are and why they aren't a valid write off. Can you do that? Originally Posted by Naomi4u
Some general observations:
- My comment was generic, not "some of the things Naomi mentioned."
- I get paid a lot of money for tax advice, but you want me to just give that away? In asking us for free advice, aren't you similar to the guys who ask escorts to meet OTC for free?
- You're not really going to rely on the advice offered by anonymous strangers on a SJMB, are you?
Some of the questionable items (many of which have been pointed out above):
- Clothing/lingerie. The standard for deduction is not that you don't wear it for personal use. To deduct it, generally it must be something that couldn't be used for other than work. Lingerie wouldn't qualify, anymore than the suits I wear would, even though I almost never wear suits except for work. (You might choose not to wear racier types of lingerie, but since it's underneath your clothes, it's hard to say that you couldn't.) Webcam business is no exception.
- Makeup. Probably disallowed for the same reasons.
- Food. Everybody has to eat -- why is that a cost of your business rather than personal? Possibly OK if incurred while "away from home" in the conduct of a trade or business. That is generally interpreted as a period substntially longer than an ordinary workday. Food expense while touring might qualify. Maintain records of the business purpose of the trip. Some other possible exceptions: if you're entertaining prospective clients or if you can demonstrate that you incurred higher costs as a result of business requirements. I can't readily even come up with an example of the latter, which is a good sign that the IRS/court likely wouldn't accept it without a great explanation.
- Gas. Only for the part of the expenses attributable to business. So you would need to keep very detailed records (including mileage for each trip) of how you used your car, personal and business. Unless, of course, you only use the car for business.
- Computer, internet service. Are you only using it for business? No personal email? No balancing your checkbook or surfing the Web? If you're only claiming part of the cost, what substantiation do you have of the percentage of business use? Unsupported estimates wouldn't cut it.
- Laundry detergent, bleach, fabric softener. If only used at your incall, e.g., to wash sheets, that might pass the smell test of "business vs. personal." On the other hand, on audit that would point toward a business other than "time and companionship escorting." It's an interesting question. Taxpayers have to report income from, but cannot claim deductions or credits for amounts paint or incurred in, the illegal trafficking in certain drugs. (They can, however, take a deduction for the costs of buying the drugs for resale.) But I don't think there's a broad, general prohibition against deductions in all illegal businesses.
- Home office (rent, heat, electricity, water, apartment repairs - assuming this isn't a totally separate incall). The standard you have to meet is that there is a portion of your home (including apartment that you rent and live in) that is used exclusively on a regular basis for your business. If you mostly use it for business, but occasionally use it for personal reasons (e.g., guest bedroom and you have visitors?), you lose. You can't take a partial deduction based on percentage of use. If you can satisfy that, and can substantiate an appropriate way to apportion expenses, it may pass muster.
My bet is that most of the above would be disallowed in an audit. Few people maintain the kind of substantiation they would need (much more than merely receipts.) And a penalty would be assessed against the taxpayer, because the law is pretty clear. You might have a slightly better chance of winning in court, but most judges are not going to be much more lenient about sub-standard substantiation. Are you willing to invest the time and expense of going to court?
Now if you tell me the items you are talking about, I bet I can challenge it. So bring it on. Originally Posted by Naomi4uHave at it.
Remember that your name is the only name the IRS will be looking at. No CPA, lawyer or friend will be signing any papers when it comes to the IRS. Originally Posted by Eccie AddictOne way to check the reliability of advice you receive -- would they be willing to sign the return as the "paid return preparer," and subject themselves to penalties if their advice is wrong.