03-15-2013 06:01 AM
modulusman wrote:... Hopefully the IRS will catch him and his band and they have to sell all their gear to pay back taxes and penalties...
Nice!
....to wish hard times on another individual because of your own assumptions... You must be a great human being. Thumbs up to you my friend... and to you, I only wish for the best of things that life has to offer.
03-15-2013 08:03 AM
Mutha Goose wrote:
modulusman wrote:... Hopefully the IRS will catch him and his band and they have to sell all their gear to pay back taxes and penalties...
Nice!
....to wish hard times on another individual because of your own assumptions... You must be a great human being. Thumbs up to you my friend... and to you, I only wish for the best of things that life has to offer.
Yeah, that part was a little harsh. However, I also understand the irritation behind it. Truth is, there ARE legal obligations associated with this business. Whether you choose to abide by them or not is up to you, and I really don't care how anyone else decides to conduct themselves. But if your choice is to keep everything under the table, you are assuming a risk. And coming here, amongst fellow working musician peers to complain about a business who is following legal obligation... well, kinda set yourself up for some differing opinions.
I've been on both sides of it. Was in a band for several years in the 90's, played the southeast club circuit. Van, box truck, full A/V production with soundman and crew, two agencies, whole big deal. Didn't have a day job, that WAS my job. I won't go into too much detail, just that the band reported just enough to look legit, but with a loss. I didn't much care for it personally, but thats the way they handled it. Makes for a nervous tax season.
The band I've been in for the past decade is 100% above table. Registered LLC, pay my personal property taxes on equipment used, we pay quarterly sales tax on merch sold, etc. Yeah, it's a headache at times, but when we file each year, I don't have that worry about getting popped for skirting the system.
Regarding the venue you originally spoke about - Personally, Id much rather play places like that. Speaks a bit towards how they run their business, and the kind of person/people I'll be doing business with. Thats not to say any club that hands you a wad in the back room is slimy, but the chances seem to be greater.
03-15-2013 08:36 AM
THX1138 wrote:...And coming here, amongst fellow working musician peers to complain about a business who is following legal obligation... well, kinda set yourself up for some differing opinions...
I fully understand that this is how some of you have read my post. However, I did NOT come here to complain about that business (even if that is how it was received). I came here to ask if anyone else is being asked for SSNs as I haven't been. This request for my SSN (as well as the SSNs of everyone we hire), is completely inconsistent with my experience (even with this same venue that we have played in for 3 years), so I wanted to know if this is common for anyone else, and if so, what do you do...
Should I have walked away from the one and only venue asking me for this information? Maybe, maybe not... but In the absence of any other experience (coupled with other variables), we did what we did, whether anyone agrees with it or not. Will we walk away from the next venue that asks for this information? I don't know. I will take that on a case-by-case basis. But I can tell you this; now that I know this is not an uncommon thing (even if it has been uncommon to me), and even the right thing for a venue to do, I won't look at it with the same suspicious mind that I did in this case.
Y'all can interpret this any way you want. You can debate my integrity. You can insult me. You can even wish me harm. But I got what I came here for. I now know something that I didn't before... both about this query, and about some of you that have answered it.
03-15-2013 08:45 AM
Mutha Goose wrote:
THX1138 wrote:...And coming here, amongst fellow working musician peers to complain about a business who is following legal obligation... well, kinda set yourself up for some differing opinions...
I fully understand that this is how some of you have read my post. However, I did NOT come here to complain about that business (even if that is how it was received). I came here to ask if anyone else is being asked for SSNs as I haven't been. This request for my SSN (as well as the SSNs of everyone we hire), is completely inconsistent with my experience (even with this same venue that we have played in for 3 years), so I wanted to know if this is common for anyone else, and if so, what do you do...Should I have walked away from the one and only venue asking me for this information? Maybe, maybe not... but In the absence of any other experience (coupled with other variables), we did what we did, whether anyone agrees with it or not. Will we walk away from the next venue that asks for this information? I don't know. I will take that on a case-by-case basis. But I can tell you this; now that I know this is not an uncommon thing (even if it has been uncommon to me), and even the right thing for a venue to do, I won't look at it with the same suspicious mind that I did in this case.
Y'all can interpret this any way you want. You can debate my integrity. You can insult me. You can even wish me harm. But I got what I came here for. I now know something that I didn't before... both about this query, and about some of you that have answered it.
Fair enough. And no ill will intended. Just offering my own opinion/experiences.
03-15-2013 08:56 AM
THX1138 wrote:Fair enough. And no ill will intended. Just offering my own opinion/experiences.
...and I VERY much appreciate that. Thank you.
03-15-2013 09:22 AM
I think it's safe to say that all of us are going to be seeing more and more of this. Times are changing. Businesses are having their feet held to the fire in terms of reporting. The IRS is agressively scrutinizing businesses that operate in what have traditionally been "cash" industries to ensure they're collecting all the revenue that is legally owed.
Be prepared. If you're not receiving 1099's for your gigs today ... sooner or later you will be! More and more venues that never issued 1099's to bands in the past are starting to these days.

03-15-2013 04:27 PM
I get 1099's every year from my agents, and I have received them from individual clients at corporates. I played in one club for two years and they issued a 1099. I don't know if I ever got one from a bar-I don't think so. A friend of mine was recently auditied and they not only wanted the 1099's he issued, but w9's as well.
Walking away from a gig because they want to 1099 you means you weren't charging them enough to pay your taxes or you don't want to pay them. Is there any other reason?
I spent a lot of years mostly playing music, thinking about playing music, or trying to play music, and I didn't make much money. Things have changed for me, and the amount of tax revenue I contribute is these days is, well, incredibly messed up. That's my opinion, so I don't begrudge anyone who thinks that 50.00 from the club is all theirs. But when you start getting several hundred dollars for a gig, you kind of realize that no one is going to pick up your tax bill. And if you only make 100.00 a night in a club once a week, that's still 5k a year, and the club does want to deduct that expense regardless of if they are skimming the till or not.
I agree with spacenorman that things are getting tighter. I actually voted for Obama, even though I knew that he was going to go after tax dollars the same way he went after terrorists. He's coming for your money with drones baby, so be prepared. Keep records of everything, learn about the tax laws, and don't spend Obama's money. Either that, or filch your ass off, and hope the man don't come knocking.
03-15-2013 05:29 PM - edited 03-15-2013 05:31 PM
MartinC wrote:I get 1099's every year from my agents, and I have received them from individual clients at corporates. I played in one club for two years and they issued a 1099. I don't know if I ever got one from a bar-I don't think so. A friend of mine was recently auditied and they not only wanted the 1099's he issued, but w9's as well.
Walking away from a gig because they want to 1099 you means you weren't charging them enough to pay your taxes or you don't want to pay them. Is there any other reason?
I spent a lot of years mostly playing music, thinking about playing music, or trying to play music, and I didn't make much money. Things have changed for me, and the amount of tax revenue I contribute is these days is, well, incredibly messed up. That's my opinion, so I don't begrudge anyone who thinks that 50.00 from the club is all theirs. But when you start getting several hundred dollars for a gig, you kind of realize that no one is going to pick up your tax bill. And if you only make 100.00 a night in a club once a week, that's still 5k a year, and the club does want to deduct that expense regardless of if they are skimming the till or not.
I agree with spacenorman that things are getting tighter. I actually voted for Obama, even though I knew that he was going to go after tax dollars the same way he went after terrorists. He's coming for your money with drones baby, so be prepared. Keep records of everything, learn about the tax laws, and don't spend Obama's money. Either that, or filch your ass off, and hope the man don't come knocking.
I understand the "they-ain't-gettin'-any-of-my-$50" mindset. I've played more of those gigs recently than I expected. I do know that this profession-turned-hobby will result in a net loss when I sit down and do my taxes in the next few weeks, and I think it will be the same for a lot of us. Did I see Dave imply that, even though he makes quite a bit more per gig than most of us?!
I've filed schedules "C"s for over forty years as a self-employed piano technician. I've been audited, and I know that some of my colleagues live in mortal terror of an IRS visit. I wonder if this fear of the unknown is behind the OP's post.
When it happened to me, they ended up owing me money after I hired an accountant. Apparently, it's fairly common for people like us who try to do this right to leave money on the table because we don't know enough about the deductions that are available to us. Do some research.
Don't get anal about record keeping. If your deductions are reaosnable in their eyes, they won't sweat it. They're interested in tracing income more than reasonable expenses.
The reality is that your band income is small potatoes. They've got bigger fish to fry.
03-15-2013 05:48 PM
I used to think that too, until I was auditied by the irs. They ignored my main income-the audit was about my music income. They focused on my deductions. I had declared a profit for the couple of years before the audit, and declared a profit for the year audited. First they tried to classify it as a hobby, but my accountant made the case that there was enough activity to prove it was a business. They wanted proof of my expenses. I had a log of every gig, the address where it was, and the miles driven to get there. Also, every set of strings, etc, and the miles driven to get to the music store, every cd bought, every lesson taken. They wanted to see the 1099's I had issued the other band members. I was studying with a gypsy flamenco guitarist from spain and i explained that he only took cash. They allowed it, but said next time get a receipt.
I hired my accountant to represent me, and never spoke to the irs. My accountant's bill pretty much wiped out my profit for the year........
I'd been taking a pretty low overhead approach to gigging by then-almost all corporates, little gear, and no rehearsals-I was making money every year, even when buying equiptment. Hard to bitch about making a little extra and getting to write off toys, er, I mean tools.
In fact I admit to being proud of the fact I was actually making a profit, kinda like feeling like I'd finally figured something out. Even today, the pittance I get from CD baby and the few gigs I do usually results in a small profit, but last year I threw down for a new computer and recording gear, so I'll try to offset some income from the day gig, and rest somewhat easy knowing I declared a profit most years.
03-15-2013 05:59 PM - edited 03-15-2013 06:01 PM
MartinC wrote:I used to think that too, until I was auditied by the irs. They ignored my main income-the audit was about my music income. They focused on my deductions. I had declared a profit for the couple of years before the audit, and declared a profit for the year audited. First they tried to classify it as a hobby, but my accountant made the case that there was enough activity to prove it was a business. They wanted proof of my expenses. I had a log of every gig, the address where it was, and the miles driven to get there. Also, every set of strings, etc, and the miles driven to get to the music store, every cd bought, every lesson taken. They wanted to see the 1099's I had issued the other band members. I was studying with a gypsy flamenco guitarist from spain and i explained that he only took cash. They allowed it, but said next time get a receipt.
I hired my accountant to represent me, and never spoke to the irs. My accountant's bill pretty much wiped out my profit for the year........
I'd been taking a pretty low overhead approach to gigging by then-almost all corporates, little gear, and no rehearsals-I was making money every year, even when buying equiptment. Hard to bitch about making a little extra and getting to write off toys, er, I mean tools.
In fact I admit to being proud of the fact I was actually making a profit, kinda like feeling like I'd finally figured something out. Even today, the pittance I get from CD baby and the few gigs I do usually results in a small profit, but last year I threw down for a new computer and recording gear, so I'll try to offset some income from the day gig, and rest somewhat easy knowing I declared a profit most years.
Well there is something to be said for running the numbers and coming up with some taxable income! The alternative makes it clear that we're spending many hours - and some of it clearly feels like "work" - and yet we have nothing to show for it.
I know my experience is not necessarily what others should expect. Some of my colleagues who have been audited have told me as much. I was actually surprised when they showed relatively little interest in my deductions. They were all about accounting for every deposit and wanted a piece of it unless I could prove that it wasn't taxable.
03-16-2013 04:07 PM
n8cJohn wrote:I give the venues a w-9. The venue pays me. I pay the fellows in the band. The fellows in the band give me a w-9. Venues send me 1099s. I send the fellows in the band 1099s.
Yup. This is the way it works.
I play a lot, mostly solo, with some duo and trio gigs. I don't treat it as a hobby, it's a part of my family's income. My guys know that they will be getting a 1099 from me at the end of the year. They will also be getting paid by check. If they don't like it, they can walk. I claim this stuff on my taxes. Why would they think I'd pay taxes on the amount I pay them?? That's their responsibility.
Of all the restaurant/bar type venues I've played over the last few years, I can't think of a single one that paid me in cash. Always by check, and no one ever offers to cash the check at the register (though I don't ask them to). Not all of them send 1099s, though, which surprises me. That's up to them, I still claim it. Don't need the IRS knocking on my door.
03-16-2013 08:03 PM
Mutha Goose wrote:
<snip>I have already been a victim of idenity fraud once. Have you met some of these club owners? I have no desire to give my SSN to them.
<snip>
The question is NOT, "should I pay taxes or shouldn't I?" The question is, "Why should I be asked to give my Social Security number to a bar or club to be hired as a sub-contractor?"
I just wandered into what appears to be a contentious discussion, and have no desire to make it worse. However, I have a small observation that might be of use to some: You shouldn't have to give anyone your SSN, you can give them and EIN.
It is pretty easy to obtain an EIN, even as a "sole proprietor" (that is, as situation where you haven't formed any kind of legal entity). An IRS agent I talked to about this once told me that she could get one for her cat if she wanted. It's free, easy, you can do it online, and it's pretty fast.
Here are the instructions on the IRS website about how to apply: http://www.irs.gov/Businesses/Small-Businesses-&-S
Especially if you are worried about identity theft, you can get an EIN and if this ever comes up again, you'll be ready.
03-18-2013 08:19 AM
deepflight wrote:I just wandered into what appears to be a contentious discussion, and have no desire to make it worse. However, I have a small observation that might be of use to some: You shouldn't have to give anyone your SSN, you can give them and EIN.
It is pretty easy to obtain an EIN, even as a "sole proprietor" (that is, as situation where you haven't formed any kind of legal entity). An IRS agent I talked to about this once told me that she could get one for her cat if she wanted. It's free, easy, you can do it online, and it's pretty fast.
Here are the instructions on the IRS website about how to apply: http://www.irs.gov/Businesses/Small-Businesses-&-S
elf-Employed/How-to-Apply-for-an-EIN Especially if you are worried about identity theft, you can get an EIN and if this ever comes up again, you'll be ready.
This is by far the most useful reply to this thread. Thank you.
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