Colorado Music Business Organization

Business Tax Deductions for Musicians

By Todd A. Myers, Attorney at Law

I have discussed the issue of tax deductions with many musicians who have no clear idea that they can legitimately deduct certain (or any) business expenses in their pursuit of platinum. "You know," I say, "you have started a business so you might as well let the tax code work for you. Don't be afraid to take deductions; just be conservative, honest and document everything." So they ask what expenses are deductible and then I tell them to see an accountant-no, I give them laundry list of some (not all) business deductions and tell them to keep those receipts in a big envelope marked with the tax year:

1. Demos and master recording costs. Use the "safe harbor" rule and deduct 50% in the year of production and 25% in the following two years. Keep good records for each production separately.

2. Travel, meals, and entertainment. A big and somewhat complicated category. Again, keep your receipts and write the purpose, date, attendees on the back. Basically 50% of entertainment is deductible. Meals for overnight travel for business purposes are 50% deductible. Automobile expenses are deductible by keeping a daily mileage log or calculating a percentage of business use. The hardest part is remembering, documenting and receipting.

3. Continuing education. Courses and classes to further your development in music and the related arts are deductible; but don't get so aggressive that you raise a red flag with the IRS by taking too much such as door fees to hear bands. But you could probably justify taking the deduction if you are auditioning a potential band member by seeing his/her current band at a nightclub and had to pay a cover charge (then again you might just ask to be put on the guest list).

4. Business use of home. Somewhat dangerous so be careful. Being too aggressive here may prompt an audit. You must exclusively use a particular room for business purposes to legitimately deduct it. What is deductible is that room's percentage as compared to the whole house. The mortgage (or rent), property taxes and utility percentages are also deductible. Keep the percentage low and consider consulting with an accountant about this one.

5. Dues and subscriptions. Union dues as well as subscriptions to publications that further your music career are deductible. If you buy and read Billboard to keep abreast of the biz then deduct it. Playboy? Probably not--even if you only read the articles.

6. Computers. If you have a business and a separate home computer the former is deductible. If you use one computer for both personal and business use, you need to find a way to keep a record of how much time is spent using it for business versus personal use.

7. Gifts. The limit is $25 maximum for gifts to your "business associates."

8. Legal and accounting fees. Your legal and accounting fees for business representation is deductible. Tax preparation fees must be allocated between business and personal fees.

9. Musical equipment. Transportation costs for your musical equipment is deductible as well as repair and maintenance costs. Deduct that cost to have your piano tuned and get a receipt from the tuner.

10. Musical supplies. Strings, picks, drum supplies are all deductible. (Items are considered "supplies" by the IRS if they are less than $100 and "equipment" if over $100.)

11. Rentals. Rental space, storage space, office space, equipment rental, PA rental-all deductible.

12. Stage clothes, etc. Be careful again. The clothes have to be unique and not suitable for everyday wearing. They have to basically be "costumes" (i.e. Maris the Great's duds). If that applies, the laundry and dry cleaning costs are also deductible. Leather pants, blue jeans, business suits, t-shirts-all out. Most clothing will be non-deductible. If you wear stage makeup (and I mean grease paint) then that is also deductible. It cannot be ordinary make up for everyday use. You better look like Peter Gabriel in his early days.

13. Cable/satellite. I once got asked about this deduction. If you can document how much you watch MTV and VH1 to keep up with the music business versus how much other time you watch otherwise, then the IRS probably would allow this. Personally, I think it is stretching it and not worth the documentation hassle.

14. Telephone. You cannot deduct your home line. However, you can deduct a second line for business purposes and any business features like call waiting or distinctive ring for a fax machine as well as your beeper and cell phone if used for exclusive business purposes. If you use your cell phone for both business and personal use you need to log or highlight the calls you receive on the bill. Long distance phone calls which are business related are deductible so save those bills too.

This list is not complete. Check with an accountant and/or attorney if you have questions. Take those legitimate deductions and keep them conservative. Fly under the IRS radar. A wealth of information is available at www.irs.gov hosted by you know who--and paid for by You, Uncle Sam's beloved and honest taxpayer.


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