2009 Spring - Wisconsin Writers Association

Page 11Let’s Talk Law: Writing and The Law by Attorney, Lois RentmeesterTax time is right around the corner. What better timeto examine our writing in the context of tax and legalissues than right now?First, has your bookkeeping system (income and expenserecords) kept up with your needs for tax reporting?“No income for me,” you may be thinking. “Butthat could change!” Are you ready? Plan now so thatnext year’s reporting will be even easier.Record keeping can be quite simple. The key lies inseparation of business and household records. Set up aseparate checking account, credit card account, and generalledger (on paper or using software) for your writingbusiness. Keep track of all writing related expenses andincome. Remember barter is taxable too. When the IRSor the WDR come knocking, your writing business recordswill be in order.Some political appointees have garnered unwantedattention because they failed to treat household helpersas employees. Have you fallen into the same quagmire?Have you hired an employee or an independent contractor?Sometimes it is hard to tell which is which. Thelaw treats each quite differently for tax and other purposes.For example when you hire an editor to clean upyour manuscript, do you owe payroll taxes? Should youpurchase worker’s compensation insurance for the parttimehelper who comes to your home office and helpsyou get out 100 copies of your self-published book?Must you pay minimum wage? If you don’t know theanswers to these questions, consult an attorney whorepresents artists and writers or other small businesses.Better safe than sorry.More and more people are working out of home offices.Can you deduct a portion of your household expensesif you have a home office? Can you deduct a portionof your household expenses for the spare room youuse for storing your selfpublishedbook while you marketthem?Everyone seems to preparetheir own tax returns these days.Yet tax software cannot answerall our questions. Software maybe current in federal law but is itup to date on state and local lawissues? Are you obligated to collectand pay state, county or municipal sales taxes onyour self-published book sales?Ignorance of the law is no defense. If you find yourselfwith a list of tax or business questions, don’t hesitateto ask for help. Consider consulting with a tax specialistwho is familiar with tax and small business law.The best time to get your questions answered is beforethey become a problem.Consulting professionals during off-season may beless expensive but if you need to know now, set up anappointment and discuss your questions and concernsbefore you file that tax return. I have found that a ten orfifteen minute consultation has saved me heartache andmaybe even a date with the tax guy. Some attorneys andaccountants are so impressed that you want a consultationin advance of a problem, that they discount or waivetheir fee for the consultation. Now that really makes askingfor help good business sense.I welcome your questions, comments, and suggestions.I can be reached at lerentmeester@opexonline.com,at 608-825-8975, or at P.O.Box 952, Sun Prairie, WI 53590. I do not and cannotoffer legal advice in this column. #In Memorium—Franklin William Beecher by John CampbellJohn Campbell tells us that Bill Beecher( Franklin William Beecher) passed away on Tuesday, December 9th. “Billwas a great writer-friend of mine, and he always held the Jade Ring over my head—he won it and I never have. Weused to have breakfast once a week, when he would critique my writing without mercy, always asking ‘What’s thisstory about?’—a question I always found difficult to answer. He always ordered biscuits and gravy for breakfast, adish I predicted would kill him. My prediction came true, as he was within two months of being 86 years old, when hedied.“Bill had many friends in the writing classes at WCTC. Born in Norman, Oklahoma, retired Dean of Men atWCTC, business professor, Bill was a great story teller with several tales published in Reminisce Magazine as well asthe Milwaukee Journal/Sentinel newspaper.“I shall never forget him. Bill Beecher was a great writer, however unknown.” #