Legal Corner

should escorts declare income if so how?regular_smile
bzookajoe 9983 reads
posted

A girl i see asked if i though she should declare her income because she's worried about being audited and not being able to prove where all the money came from. she said she has a bank account but tries to use it minimally - any accountants out there? I'm an engineer, couldn't help her much!

Being caught and charged with prostitution is minimal compared with the penalties of not paying taxes on income.  At the very least you will be hit with hefty fines and interest...at worst you could be jailed.  Remember that Al Capone was busted for tax evasion.

I know that I have in the past had retail liscenses and done web design for neighbors

She could always get a cosmotolgy liscense and then she doesn't have to worry about paperwork as most are walkins or be an image consultant.

Oldest Fat Fart6807 reads

Yes, as a non-incorporated business person, she is deemed a sole proprietor for tax purposes and should report her income on a 1040 Schedule C.

It is a paradox (as one other person mentioned - Al Capone) the failure to report and pay taxes on income, even if is a derived from an illegal source, is illegal.

That said, along with reporting the income she also would have a number possible expenses.

1) Auto expenses using the standard mileage or actual expenses method. Usually newer cars yield greater expenses.
2) Possibly could deduct expenses for office in home.
3) I would say lotions and condoms and those types of "office supplies" would be appropriate.
4) Telephone usage and computer equipment for office needs.
5) Cost of advertising and website development and maintenance etc.
6) Hotel bills and other incall expenses
7) Child care (reported on a different form)

The list of possibilities goes on but once again without knowing the particulars of her situation, it is hard to advise.

I have included URL's to the IRS 1040 Schedule C and its instruction. This is the form on which most self-employment income and the related expenses are reported. The form in particular lists a variety of expenses to consider.

http://www.irs.gov/pub/irs-pdf/f1040sc.pdf
http://www.irs.gov/pub/irs-pdf/i1040sc.pdf

Good Luck,

OFF :-)

-- Modified on 6/17/2006 3:23:11 PM

sidone8737 reads

Technically it's a dilemma, not a paradox.

A paradox means two mutually inconsistent things are simultaneously true.  There is no reason why the law shouldn't be able to ciminalize prostitution while simultaneously taxing its proceeds.  Almost all income is taxable, and if income from criminal conduct were treated differently then people who earn money by commiting crimes would get preferential treatment.

A dilemma is when you are forced to choose between bad alternatives.  The choice between commiting tax fraud and acknowledging prostitution fits this definition nicely.

Before anyone writes: I know I'm picking nits, but I'm just in that kind of mood today.

I'd agree, but I'd go a step farther.  I'd suggest becoming a LLC, electing to be taxed as a corporation,  and electing S-corp status.  I know that sounds a bit complicated, but any competent EA or CPA should be able to do it for you for a reasonable fee.

The benifits vs remaining a sole proprietor are (potentially) huge.  For example, self-employment tax is eliminated.  You will pay some ss/medicare tax on the paycheck you give yourself, but since the "standard" amount I recomend that my clients pay themselves is 30% of their net income the result is a reduction of 70%.

There's many benifits that would be effected by your personal tax situation so the total savings would be variable, but the net could easily be a tax reduction of $4k+.

Been there done that8148 reads

I have been declaring (*and paying taxes*) on donations that have been left for me through my consulting for three years now.

In addition to providing the necessary legal papers to document the extra income I have, it also justifies my business license (which is also a ticketed violation in my City and state if I do not possess one)

As a small business owner, I pay the same taxes as any other small business owner.... I just have deductions that are a bit unusual.

I would encourage all providers to declare income and to pay the taxes associated with this income..... then, the provider will have one less worry.

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