Art Business Info. for Artists
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USA Tax Tips for Artists

This page is dedicated to information about tax for artists in the USA

It covers whether or not:
  • you can claim expenses against tax
  • your US art activities are a hobby or a business
  • your hobby is a for-profit endeavour in the eyes of the IRS
Plus what the IRS has to say about taxation that' relevant to artists

This page has just been published - and over time this page will be developed.

At present it's focused on identifying sources of information for you to read - rather than providing a comprehensive easy read. That's because you need to rely on your own judgement and not mine because I am not a US taxpayer
On other pages you can find generic information about tax and  tax in other countries you may sell to
  • Tax Tips for Artists  - More generic information and advice
  • Tax on Prize Money
  • UK Tax Tips for Artists
  • VAT for Artists - for all those who need to know whether they are liable to account for and pay VAT

NOT on this site

This site does NOT provide:
  • Definitive answers on all matters relating to tax records for where you live. 
  • "Professional advice" available from somebody  with a tax qualification and current expertise of tax affairs anywhere in the world. 
I have no personal experience of US Taxes.
You should engage/pay a professional for US tax advice IF
:
  • your US tax affairs are complicated 
  • you have a specific US tax query which you can't find an answer to from official information available online via the IRS or other reputable sources.
Image: U.S. Treasury Department building, Washington | Wikimedia Commons

Is your art a hobby or a business in the USA?
​

Be sure to read the latest changes relating to the "Tax Cuts and Jobs Act 2018" below

Can you claim expenses?

Whether or not you can claim expenses as business expenses and hence as tax deductions depends on whether or not you are conducting your activities as a hobby or a business
In short - an activity qualifies as a business if it is carried on with the reasonable expectation of earning a profit.

Hobby or business in the USA?

The IRS asks questions to determine whether an activity is a business - or a hobby.
If you do not carry on your business or investment activity to make a profit, you cannot use a loss from the activity to offset other income.

Activities you do as a hobby, or mainly for sport or recreation, are often not entered into for profit.
​
Publication 535 (2014), Business Expenses

Is Your Hobby a For-Profit Endeavor?

For tax purposes, a hobby is an activity you engage in primarily for a purpose other than to make a profit. 
You are running an art business IF:
  • you put in time and effort to making it a business
  • you aim to make a profit;
  • on average, you make profits in 3 years out of five;
  • depend on your business for at least part of your annual income and livelihood
You must always declare your income for tax purposes - BUT you can only claim business expenses against tax if you have a business!
Although you must claim the full amount of income you earn from your hobby, hobby-related expenses are generally deductible only to the extent of income produced by the activity. Therefore, if you do not generate any income from your hobby, you cannot claim any deductions.
Taxes for Artists | Artgyst
If your efforts result in a profit in three-out-of-five consecutive years, your activity is presumed not to be a hobby by the IRS.
Taxes for Artists | Artgyst
The IRS provides a Checklist of questions (a "cheat sheet") - in "Is Your Hobby a For-Profit Endeavor?"
The following factors, although not all inclusive, may help you to determine whether your activity is an activity engaged in for profit or a hobby:

- Does the time and effort put into the activity indicate an intention to make a profit?

- Do you depend on income from the activity?

- If there are losses, are they due to circumstances beyond your control or did they occur in the start-up phase of the business?

- Have you changed methods of operation to improve profitability?

- Do you have the knowledge needed to carry on the activity as a successful business?

- Have you made a profit in similar activities in the past?

- Does the activity make a profit in some years?
​
  • - Do you expect to make a profit in the future from the appreciation of assets used in the activity?
  • IRS - Is Your Hobby a For-Profit Endeavor? (FS-2008-24, June 2008 )
  • In determining whether you are carrying on an activity for profit, several factors are taken into account. No one factor alone is decisive. Among the factors to consider are whether:

    • - You carry on the activity in a businesslike manner,

    • - The time and effort you put into the activity indicate you intend to make it profitable,

    • - You depend on the income for your livelihood,

    • -Your losses are due to circumstances beyond your control (or are normal in the start-up phase of your type of business),

    • - You change your methods of operation in an attempt to improve profitability,

    • - You (or your advisors) have the knowledge needed to carry on the activity as a successful business,

    • - You were successful in making a profit in similar activities in the past,

    • - The activity makes a profit in some years, and

    • - You can expect to make a future profit from the appreciation of the assets used in the activity.
    • Publication 535 (2014), Business Expenses
REFERENCE:
  • IRS - Is Your Hobby a For-Profit Endeavor? (FS-2008-24, June 2008 )
    The Internal Revenue Service reminds taxpayers to follow appropriate guidelines when determining whether an activity is engaged in for profit, such as a business or investment activity, or is engaged in as a hobby.
  • Tax Tips for People Who Earn Income From a Hobby | IRS.COM - Is your favorite pastime classified as a business or a hobby? Here’s how the IRS sees it.
  • Credits & Deductions For Businesses | IRS
  • Publication 535 | Cat. No. 15065Z | Business Expenses | Department of the Treasury Internal Revenue Service This publication discusses common business expenses and explains what is and is not deductible. 
  • IRS: Home Office Deduction
    If you use part of your home for business, you may be able to deduct expenses for the business use of your home. The home office deduction is available for homeowners and renters, and applies to all types of homes.  ​

The Tax Cuts and Jobs Act 2018 (TCJA)

Say you have an unincorporated sideline activity that you think of as a business. If your expenses from the activity exceed your revenues, you have a net loss. You may think you can deduct that loss on your personal federal income tax return. Not so fast. The IRS likes to claim that money-losing sidelines are hobbies rather than businesses—because the federal income tax rules for hobbies are not in your favor.
Thanks to an unfavorable change included in the new Tax Cuts and Jobs Act (TCJA), the rules are even worse for 2018-2025.
​​You can’t deduct hobby-related expenses under the new tax law—but don’t give up hope
REFERENCE:
  • The Tax Cuts and Jobs Act 2017 | Wikipedia
  • RECOMMENDED: How to do you Taxes as an Artist | By Green Dragon, Tax Goddess AKA Christy Nicholas, CPA, MA - always worth listening to what an artist has to say when they are also a qualified accountant. This article also highlights the changes for artists following the Tax Cuts and Jobs Act 2017. She also lists the changes in a very succinct list!
  • Understanding The New Pass-Through Business Deduction For Qualified Business Income | Nerd's Eye View - technical but thorough examination of the new (temporary) arrangement
  • You can’t deduct hobby-related expenses under the new tax law—but don’t give up hope | Market Watch
  • First Look at the Tax Cuts and Jobs Act - Questions and Answers on the Qualified Business Income Deduction | The CPA Journal - the accountants perspective on changes for business income.
  • Tax reform hurts hobbies even more | TaxMedics - tax law taxes ALL your hobby income (which includes sales by direct sellers)
  • Artists to Reap Rewards of Major New Tax Deduction Aimed at “Pass-through” Businesses | Artsy (note this article has been written by a journalist not an accountant or lawyer and there are 'throw away' phrases within this article which would get the thumb down from the IRS!)

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Business Expenses for Artists

A self-employed artist may deduct any expense that is:
  • * directly related to the art activity
  • * ordinary and necessary, and
  • * not lavish or extravagant under the circumstances.
  • Tax Deductions for Artists
The Tax Cuts and Jobs Act established a brand new deduction that allows owners of pass-through businesses, including artists, to deduct an amount equal to up to 20% of their net income from the business. This is in addition to all their other art business deductions.
Tax Deductions for Artists
You need to keep proper business records if you want to claim expenses.
  • The type of expenses you can claim must be ordinary and essential and never ever lavish.
  • Some expenses must be calculated as "cost of goods sold" rather than the actual purchases of art materials you make in the tax year i.e. you can only claim the actual 'cost to make' expense of the artwork created/exhibited in the year.
  • The Tax Cuts and Jobs Act has established a new additional 20% deduction can now be claimed if your taxable income from all sources after deductions is less than $315,000
Directly related to art-making activity
  • Art materials / supplies - adjusted via keeping an inventory to what you have used not what you have bought (i.e. what you started with at the beginning of the year plus what you bought minus what you've got left to carry forward to next year)
  • art equipment
  • Studio expenses - used exclusively for your art business
  • Framing
Selling Art
  • copyright registration fees
  • submission fees for juried/open exhibitions
  • commissions for gallery sales
  • fees for online sales
  • Art Gallery Rents - when used for business for an exhibition
  • costs associated with maintaining a website
  • Shipping artwork
Office expenses
  • Office supplies - used only for your business
  • books and magazines related to your business
  • Insurance
  • accommodation, subsistence and travel expenses for necessary business travel (but only a proportion of some costs will be allowed e.g. only what you pay extra for meals because you are away from home - because you always eat!)
  • membership  and trade association dues/fees for necessary organisations
  • art education - the cost of classes
  • legal and professional fees
REFERENCE:
  • It’s Tax Season! Know What Deductions You Can Take | Artist Network
  • Tax Deductions for Artists - Find out what deductions you can take as an artist | Nolo.com
  • The Artist’s Guide to Tax Deductions | Artwork Archive
  • Taxation & tax deductions for the self-employed visual artist By Peter Jason Riley, CPA
Annual Tax Mess Organiser for Writers, Artists, Self-publishers and Craftspeople
by Kiki Caniff
no longer listed - I'm waiting to see if a new edition is published
This is for people living in the USA who are involved in CREATIVE activities and who need do an IRS return.

​The important thing here is that the author is somebody who is experienced at helping self-employed businesses prepare for their tax return. She's got a basic model for how to do things which she then tailors specifically to groups of people who have a similar situation / tax issues.
Series: Annual Taxes
Paperback: 102 pages
Publisher: One More Press; 2 edition (January 6, 2016)

RECOMMENDED: Rated an average of 4.7 out of 5 stars on Amazon.com by 11 reviewers - there are some very complimentary reviews!

BUY THIS BOOK
Annual Tax Mess Organizer For Writers, Artists, Self-Publishers & Craftspeople: Help for self-employed individuals who did not keep itemized income & ... during the business year. (Annual Taxes) from Amazon.com

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THE IRS - TAX FOR ARTISTS IN THE USA
​

You need to file forms for both Federal and States Taxes in the USA

IRS - Key Web Pages

Most Popular

  • Employer ID Numbers (EINs)
  • Forms and Publications
  • Self-Employment Taxes
  • e-File Employment Taxes
Here are links to the IRS pages most relevant to artists
  • Self-Employed Individuals Tax Center | IRS - This covers the definition of self-employed and the obligations of all those who are self-employed with respect to accounting records, tax returns and payment of tax
  • Deducting Business Expenses | IRS - Business expenses are the cost of carrying on a trade or business. These expenses are usually deductible if the business operates to make a profit.
​

More helpful publications by the IRS

Information For
  • Self-Employed
  • Independent Contractor or Employee
  • Business Structure
Information For
  • Self-Employed
  • Independent Contractor or Employee
  • Business Structure
Filing/Paying Taxes
  • Filing and Paying Your Business Taxes
  • IRS Tax Calendar
  • Filing Past Due Tax Returns
  • Information Returns Filing Requirements
Stages of Owning a Business
  • Starting a Business
  • Operating a Business
  • Closing a Business
  • Changing Address
  • Changing Business Name
  • Preparing for a Disaster (Taxpayers and Businesses) | IRS

See also: Insurance for Artists for more information about disaster recovery
The IRS has disaster loss workbooks for individuals ( Publication 584, Casualty, Disaster, and Theft Loss Workbook) and businesses ( Publication 584-B, Business Casualty, Disaster, and Theft Loss Workbook) that can help you compile a room-by-room list of your belongings or business equipment. This will help you recall and prove the market value of items for insurance and casualty loss claims.
New Tax Guide - for writers, artists, performers and other creative people 
(fifth edition)

By ​Peter Jason Riley CPA
​
If you are an American or live in the USA you may well find this book by Peter Jason Riley CPA to be helpful. It's specifically written to help with the tax affairs of creative people. Chapters include:
  • a chapter devoted to visual artists.
  • Crowdfunding for Creatives
  • Other Sates, Other Taxes, Other Countries and the Tax Home
Rated an average of 4.1 out of 5 stars by 7 customer review

BUY THIS BOOK

New Tax Guide for Writers, Artists, Performers, and Other Creative People on Amazon.com

More tips about tax

Taxes & Bookkeeping for Artists - Steven Goldglit from New York Academy of Art on Vimeo.

Steven Goldglit - Managing Partner of Goldlit & Company speaks to students at the New York Academy of Art about taxes, bookkeeping and good habits on accounting for artists.

By Tax Advisers (USA)
  • ​Is Your Business Just A Hobby In The Eyes Of The IRS? Highlights the penalties of pretending to be a business when not qualifying
  • Hobby Loss: Can Artists Take Losses on Their Tax Returns? Advice from a person who advises people who freelance.
  • Did you make any money from selling your arts and crafts Advice for hobby artists
  • Do I have to file taxes on casual art sales? Response to a forum question
  • Taxation & tax deductions for the self-employed visual artist - a long and detailed article and advice by Peter Jason Riley CPA

By Arts Commentators
  • Artsy | 11 Tax Secrets Every Art Collector Needs to Know - commenting on everything from where the Artists Resale Right applies and affects prices to the places to freepots and freezones
  • The Art News paper - How do you tell the difference between philanthropy and a tax write-off? - "how can anyone from the outside tell the difference between a collector’s cultural philanthropy and his personal tax strategy?"
  • ArtNet - New Delaware Freeport Offers New York Collectors an Art Tax Haven Close to Home by Eileen Kinsella
By art business bods
  • Taxes for Artists | Artgyst - an introduction for artists
  • Tax Court Ruling Is Seen as a Victory for Artists | New York Times - more commentary on the tax case involving New York painter and printmaker Susan Crile
  • An important US Tax Court Ruling for all US artists | MAKING A MARK - Overview of an important tax ruling relating to a claim of business expenses for artistic practice by an art teacher
  • Art & Tax: When does your hobby turn into a business? Advice for artists who live in the USA

By Lawyers
  • Tax Deductions for Artists | Nolo.com
    If you're a professional artist, there are many deductions you can take to reduce your taxable income for the year, and thereby reduce your taxes.

By Newspapers
  • How Artists Barter to Pay the Bills | Wall Street Journal - The bartered items and services represent income, taxable at state rates, and both parties must report them. 

By Performing Artists
  • Tax Tips for Independent Artists
    Music Business career development articles, marketing advice, articles on Booking and touring for musicians and performing artists, agents and managers
Creativity is My Business
A Financial Organizer for Freelance Artists, Musicians, Photographers, Writers and Other Talented Individuals 

by Kiki Canniff

​The target audience for this book is the PART-TIME creative person - such as an artist - living in the USA who wants to understand the difference between being a hobby artist (which provides no tax benefits) and being a part-time professional self-employed artist.

​The book is essentially about how to avoid the hobby label and hence be able to calculate and deduct allowable expenses through setting up basic systems and recording all relevant data.

The author indicates she is somebody who has experience in helping creative people become more organised to IRS standards which can pass a tax audit.

(There's another Kiki Canniff book below. Buy one or the other but NOT both  Check out the contents page for both to see what I mean.)
Paperback: 102 pages
Publisher: One More Press
Date: September 10, 2012
BUY THIS BOOK
Creativity Is My Business: A Financial Organizer for Freelance Artists, Musicians, Photographers, Writers & Other Talented Individuals from Amazon.com

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DISCLAIMER
  • I'm not a professionally qualified expert in this area.
  • However everybody has to start somewhere and the aim of this website is to get you thinking about the right questions to think about and ask if and when you need to get professional advice.
  • The links contained on this website are those which could be found by anybody doing extensive research on the Internet. This is your shortcut to the hours it took me to put this site together!
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ABOUT ART BUSINESS INFO. FOR ARTISTS  -  Please read "PLEASE NOTE"
This website aims to provide a compendium of resources about the art business for artists. 

It helps artists learn how to do better at being business-like, marketing and selling their art and looking after their financial security.
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​
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If you've got any suggestions for what you'd like to see on this website please send me your suggestion
PLEASE NOTE:
1) Content and the law change all the time. It's impossible to keep up with it if you're not working on the topic full time. 
​2) I research topics carefully. However, I am totally unable to warrant that 
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  • complete and/or
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  • wholly accurate and/or 
  • all links lead to the most current information (at the time of writing)​
​3) Hence all information I provide comes without any LIABILITY whatsoever to you for any choices you make. 
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    • Learning Opportunities >
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      • How to photograph art
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      • Legal Matters
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      • Data Protection for Art and Artists
      • Brexit Guidance for Art and Artists
  • MARKETING
    • How to write an Artist's Statement >
      • What is an Artist Statement?
      • Why you need an Artist's Statement
      • TIPS How to write an artist statement
      • The Language of an Artist's Statement
      • What an artist statement should contain
      • Examples of Artists Statements
    • How to write an Artist's Resume or CV >
      • Social Media summaries
      • CV for Artists
      • Resume for Artists
      • Biography for Artists
    • How to sign a painting, drawing or fine art print
    • Business Cards for Artists
    • How to write a press release for an artist
    • The Private View Invitation
    • Publicity for Juried Exhibitions
    • Websites for Artists >
      • Why websites matter
      • Options for Websites
      • Web content for Artists
      • Web design for artists
      • Keeping Google Happy
      • Writing for the Web
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    • How to be mobile-friendly
  • SELL ART
    • Trading Law & Regulations for Artists (UK)
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    • Art Exhibitions & Competitions >
      • Juried Exhibitions & Art Competitions
      • Juried Art Exhibition Checklist for Artists
      • How to cost a juried exhibition entry
      • How to make labels for an art exhibition
      • Alternative Options for Exhibitions
    • A Guide to Art Agents and Consultants
    • A Guide to Art Dealers & Galleries >
      • How to find the right gallery
    • The Artist-run Gallery
    • The Vanity Gallery
    • Art Fairs
    • How to Sell Art from Home
    • Open Studios
  • FRAME ART
    • List of Recommended Picture Framers
    • Conservation Products
    • Framing for open exhibitions and art competitions
    • Framing Videos
    • How to hang a picture
  • SHIP ART
    • How to pack artwork >
      • How to pack and ship pastel paintings
    • Packaging materials
    • How to ship art internationally >
      • Rules of Origin
      • Export Licences for Cultural Goods
    • How to ship art to exhibitions
    • How to mail art - Post & Parcel Services
    • UK & Ireland: Art Transport Services
    • USA Art Transport Services
  • COPYRIGHT
    • Copyright and artists' rights
    • BASICS: Copyright Infringement and Fair Use
    • How to protect artwork online
    • How to do a reverse image search
    • What to do about copyright infringement - for artists
    • Global Conventions on copyright >
      • Copyright in the UK
      • Copyright in the USA
      • Copyright in Canada
      • Copyright in Australia
  • MONEY & TAX
    • How to work out profit from an art sale
    • How to Price Your Art >
      • How important is price when buying art?
      • Options for Pricing Art
      • Terminology and Formulas for Pricing Art
      • Art Experts on Pricing Art
      • How artists price their art
      • The price of affordable art
    • Payments to Artists >
      • Paying Artists
      • How to create an Invoice
    • VAT for Artists
    • Tax Tips for Artists >
      • Tax on prize money
      • UK Tax Tips for Artists
      • UK: Self-Assessment Video Tips
      • USA Tax Tips for Artists
      • Ireland: Tax for Artists
      • Australia: Tax Tips for Artists
    • Insurance for Art and Artists >
      • Insurance for Art Teachers
      • UK Insurance Policies for art and artists
      • USA & Canada: Insurance Policies for Art and Artists
    • Artists' Grants & Scholarships
    • Retirement and Pensions for Artists
    • The Art Legacy >
      • Estate Planning for Artists
      • Estate Planning for Art Collectors
      • Famous Artists Estates
      • Artwork Inventory
      • After the Death of an Artist
      • Copyright and Resale Rights after Death
      • Art and Inheritance Tax
  • About + Help
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