MomCrunch

The Swag and Tax Question: An IRS Auditor Reveals the Facts

Posted by cecilyk on September 13th, 2011 at 11:15 am

Taxes 300x212 The Swag and Tax Question: An IRS Auditor Reveals the FactsThis is a follow up to this post.

Bad news, folks. I have the information straight from the IRS auditor’s mouth: swag IS, indeed, taxable.

And you might want to sit down for this part.

Are you sitting down? Okay.

ANYTHING you receive with a value of $25 or higher needs to be reported.

You read that right. $25 or higher.

Not $600. $25.

Are you okay? Do you need a minute?

Here is the exact quote I received from the auditor (who has asked to remain anonymous for this article). Emphasis is mine.

Anything received as compensation is reportable as income, no matter the value of it.  What is confusing people is the fact that companies paying individuals (be it with cash or products) don’t have to provide that person with a 1099-misc until the payment (cash or product) is valued at greater than $600.  Just because they don’t provide you with a 1099-misc, does not mean it isn’t income to you.  You provided a service and got paid for it, therefore it is income.

This is critical information for review bloggers. I know the majority of products I’ve received to review have certainly had a value greater than $25; for a blogger that does a couple of reviews a week, this income could add up very quickly. I’m so sorry to be the one to tell you this.

So what about blogging trips? You know, a company flies you out to visit them, puts you up in a hotel, and then you blog about it? Yep. Totally taxable. The auditor states (again, emphasis mine):

In regards to people getting trips to attend information seminars in exchange for writing about that product… This is income too.  The same rules stated above apply here. Anything that is paid for for you to give that company advertising is income to you.  Now, why you’re not receiving a 1099-misc for this is perplexing.  I’m assuming the value of these trips are more than $25, right?

Luckily, there is one positive light the auditor was willing to share. Food bloggers, you may get a bit of a break on your supplies for recipes you blog about. This is the advice she’s given to a food blogger with a family of six.

[She should be] able to deduct 1/6 (her family has 6 people in it) of the cost to create that meal.  As with anything though, I’ve advised her to keep any receipt for the recipes created.  I’ve also advised her to print out a copy of the blog post that the food was used for and attach the receipt directly to it.  This is a business, as is blogging for a lot of people, so she should treat it as one.  So, if you know of anyone who purchases things to use in their blog, it would be advisable for them to use a similar ideology.

Not the news you’d hoped to hear, is it? Will this change how you do things?

 The Swag and Tax Question: An IRS Auditor Reveals the Facts

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28 Comments

I think in order for us to all breathe a little better, we now need a post with ALL of the things that we can consider “business” expenses as bloggers. Laptop?Hosting? Cell phone? ;)

Cathy commented on Sep 13 11 at 11:36 am

Thanks for this. I have been telling people this for years and been told “no way.” I’m not an accountant, only relaying the feedback from my own accountant, so this article will be really helpful to again encourage people to see their financial and business advisors and set up systems. As a freelancer or business owner you have to switch your thinking of the definition of income from “what my boss pays me” to “what comes in to my business.” I think the big change for people has to be getting organized with good recordkeeping. Lots of things are deductible to offset any income, but it’s a matter of keeping good records.

Deb Rox commented on Sep 13 11 at 11:47 am

My husband and I are all too aware of this since his job means we see a lot of swag at times. We had casually mentioned it during our appointment with our tax accountant a couple years ago and she informed us we needed to keep track of it and claim it. His company does take out taxes on the large items he’s received (trips, TVs etc.) but not on the small things. So we’ve been claiming it.

Nothing is truly free.

Betty R @ The Jersey Wife commented on Sep 13 11 at 11:48 am

What if you don’t review it? If it was just swag/gift and you don’t mention it on the blog, does that still count as income?

Sarah Manley commented on Sep 13 11 at 11:57 am

Great article, Cecily, and great points Deb. I think it is hard for people to think about “stuff” (goods or services) as “income,” but it is. It is easier to “get it” when you think of goods or services provided to corporate bigwigs — isn’t the CEO’s car service “income”?

Liza commented on Sep 13 11 at 12:00 pm

What Deb said, but also find an accountant and do as he or she advises, knowing that this is the person who will back you up should you get audited.

I know one place my record keeping needs to be improved is getting receipts or some sort of documentation when I pass review items along or donate them. That is a way to offset to expense of something you reviewed but didn’t keep.

kim/mom impact commented on Sep 13 11 at 12:01 pm

Hey Cecily this is great. You know I am a stickler for this kind of stuff. One question – with the trips, because I LOVE the trips…can the company provide a stipend to pay the taxes? I have had a company do that for the merchandise but had not thought to ask it for the cost of the trip. And how does that stipend work? Silly me but wouldn’t it be taxable too? I am SO not an accountant just a nervous nellie.

Brittany {Mommy Words} commented on Sep 13 11 at 12:03 pm

That’s a lot of paperwork. I’d think this could be a game changer for many bloggers. Politicians should read this too. I appreciate the information, even if it makes me groan.

rajean commented on Sep 13 11 at 12:09 pm

I hear that $600 number everytime I talk about this with someone and it always makes me cringe. It’s one of the many reasons I don’t accept product as payment.

Kelly {The Centsible Life} commented on Sep 13 11 at 12:15 pm

I don’t actually know why this comes as a surprise to anyone. As for claiming housing for your blogging? Most likely not allowed. There are VERY specific rules for deducting for a “home office” and, even then, you certainly can’t deduct a large portion of your housing expenses.

k commented on Sep 13 11 at 12:20 pm

This information is pretty consistent with what I was told. I have received conflicting information from tax professionals regarding business trips though. If you do a follow-up with the auditor, I would love to know if this piece of advice from Mrs. CPA still applies:

“Basically if someone donates their product or service directly to you, that’s taxable. If they pay someone else to provide a service to you, that’s probably not taxable. You got value out of the transaction, but it is being reported as income somewhere (else).” (http://www.foodiecitymom.com/taxes-2011-mrs-cpa-answers-your-questions-regarding-blogging-and-taxes/)

Kimberly/Foodie City Mom commented on Sep 13 11 at 12:36 pm

I still think if someone has paid for something for you and it is reported as income on someone else’s books, you have a good argument that tax has been paid on the value of that service. If it’s donated to you straight from somewhere, I think you have a taxable transaction.

Mrs. Cpa commented on Sep 13 11 at 1:37 pm

Great post. With the end of the year fast approaching, I’m trying to get all of my ducks in a row. I want to be honest in my blogging, so I want to report everything. This $25 thing, though…ouch. Well, I’ll know better next year!

Brandi - Mama Knows It All commented on Sep 13 11 at 2:53 pm

holy cow i so do not have a record of everything i have been provided and all my reciepts that i got from the companies listed the item as $0 so how do i record that if they arent recording the price or value?

jessica punk rock momma commented on Sep 13 11 at 3:56 pm

My only question is how does the IRS expect someone to pay taxes if all they receive are products and comped meals/travel?

Johnny Mots commented on Sep 13 11 at 4:32 pm

$25 huh?
Good to know, but I ask the same thing one above.
What if stuff shows up at your door and you didn’t request it, and you CERTAINLY aren’t going to write about it??

Carissa commented on Sep 13 11 at 6:15 pm

I’m not suprised at all by the $25.00 number. At the company I work for we even stopped doing gift cards as prizes or spot rewards because even under $25.00 they are considered like cash and are taxable. If we gave 2 movie tickets, there was no issue, but a gift card for a movie theater that could be used on popcorn or tickets or soda was taxable even under $25.00.

Jessica commented on Sep 13 11 at 9:47 pm

That’s my question, Carissa. The first box says “Anything received as compensation…” so I’d like to know what constitutes compensation. If I get an unsolicited item in the mail because I have a PO Box listed as my business address, I’m not expected to report that, am I? Going on a trip seems more cut-and-dry; you’re being compensated for your travel, meals, etc. But if I travel to a local Dunkin Donuts on an invitation and they hand me a gift card or coupon book on the way out–do I claim that? Does it matter if it’s blogged about or not?

GIna commented on Sep 13 11 at 10:02 pm

I am curious about something, Cecily. We are talking about US government tax code, not a rumor, why the anon author and what comes across as one person’s thoughts?

One assumes it is not “Kelly Erbs, known as @TaxGirl” as you promised in linked post, but the lack of name and sources makes this a rather questionable piece of reporting.

This is a factual issue, with linkable, quotable tax code and rules to back it up. Every time I have spoken to the IRS, I have gotten a name so that I could say, “Susan told me this on the 16th of August…” if I needed to.

Might you consider doing the same and writing a followup with the actual information from the IRS rather than an anon person with an opinion? I’d sure appreciate it.

Thanks!

kitchenMage commented on Sep 13 11 at 11:49 pm

This article makes some very good points; however, it is rather misleading in itself as it does not address the deductible expenses bloggers have. It would be beneficial if you followed up with another addressing the expense side of running our blogging “business” and what are some deductible expenses. I can’t blog without an internet connection, hosting fees, my computer, updated software, a camera to photograph review items, etc.

Aleks commented on Sep 14 11 at 7:42 am

Reading all of these comments really shows what a great topic this is. With that said I am amazed that you were able to get a straight solid answer out of your auditor friend. When I talk to family members who are auditors I always get hesitation in their answers because there are so many variables when it comes to each individual and their taxes, so a simple answer like the one above is hard to get.

With that said, because of there are so many variables, I think it is important to add that although the same tax rules apply to everyone, how they affect each individual’s taxes is dependent upon each individual’s situation (e.g., income, deductions, etc.). Therefore it is probably smart if you are a blogger to get a individualized tax assessment from a tax professional to protect one’s self.

Also, I always hear from bloggers about the $600 number as well, but I’m guessing that that is a misinterpretation of information received from this podcast between Frugal Upstate and H & R Block. http://www.frugalupstate.com/frugal-living/free-hr-block-tax-for-bloggers-small-business-podcast-today/

A lot of the questions your commenters are asking are answered in this podcast.

Kelly commented on Sep 14 11 at 8:29 am

Like Deb above, I have been telling people this for years and getting the “well my tax person says…” or “there was this tax attorney at [insert blogging conference here] who said…” followed by the $600 number (the previous threshold for a 1099). Mostly because people don’t *want* to believe that’s true.

The reason tech bloggers either return review units or pass them along to someone else is because of the tax issue. So they’ve dealt with it for years. Now the other bloggers are starting to wake up to this and seem surprised.

“Income” is not always monetary. If it were? The easiest tax dodge in the world would be buying stuff like gold and “giving it” to someone else. The disconnect is that people think of “income” as money. It’s anything of value that you receive. I’m fairly sure that anyone above or questioning it has seen a television game show or entered a sweepstakes that says “all taxes are the responsibility of the winner.” When those people won cars on The Price is Right? They had to pay a prize taxes. So winning a $40,000 car isn’t so great a deal if you don’t make enough money to pay the taxes on it (15% is the lowest tax bracket iirc.)

The thing is – what people seem to try and do is create some sort of logic circle for why it’s okay that they don’t report it. All I can say is “if you’re a blogger and you write about stuff you get? Expect that if the IRS ever audits you, they’re going to be looking at what you wrote.”

Great article Cecily. Hope it gets passed around thoroughly.

Lucretia Pruitt commented on Sep 15 11 at 6:27 pm

If you donate a review product, do you still owe taxes on it? What about an unsolicited product that you donate because you don’t want it and never asked for it?

I declare products I keep on my taxes, but I just bring my unsolicited products to Goodwill. There’s no way that we owe taxes on those, right?

Debbie commented on Sep 16 11 at 5:10 pm

@Debbie, our CPA looked around and found no specific tax law for bloggers or product reviewers, but after a long discussion and look at my records {I broke things down into review items, “appreciation” gift certs, “sample” products, donated to Goodwill, etc.}, he said everything is taxable, including donated items. He also said it would be better to return unsolicited items to the sender so you don’t get stuck paying taxes on it.

Erin commented on Oct 18 11 at 6:23 pm

The biggest grey area here is defining “compensation” – just like Gina said.

From a blogger’s POV, the service they are providing is to their readers, not to the company whose product they are reviewing. If it is a “pay to play” situation, that is different, but also equally sketchy and unethical unless stuffed with disclosures and transparency.

Jamie commented on Nov 02 11 at 9:30 am

I’m an accountant, and I think I can clear up a couple of things here.

I know I’ve read the portion about food bloggers before, in almost verbatim. I’m not sure where they are getting 1/6th of a meal, as it would fall under product research.

As far as the IRS is concerned, income is income, regardless of who you are servicing (the reader/corporation dispute mentioned above).

Anything you receive as compensation in the form of cash, credit, product, service, etc. is income. The IRS does not care if you receive $50 or $50 worth of roll-up ballet flats. It’s still $50.

There is also no written $25 rule- while it sounds more feasible than the $600 rumor. Sounds better than reporting a refrigerator magnet, but again, the IRS doesn’t care if you receive one $500 check or 20 $25 ones.

It is perfectly acceptable to ask for a tax stipend on any prize to offset your cost.

I still laugh at the ‘$600′ urban legend. I once had a couple come in to get their taxes done with 50 W-2 forms- 25 each. They had heard the $600 rumor and worked until they made $600 at each place so they wouldn’t owe taxes. They would have gotten a full refund + several thousand more as they qualified for Earned Income credit, so it didn’t matter. However, we charged $10 per W-2, so it cost them a small fortune to file!

Alicia commented on Dec 28 11 at 1:26 pm

Does this mean I can deduct the plane trips I buy for travelling while I travel blog? If so, then I dont need to worry about my free stuff adding up… lol!

Jade - OurOyster.com commented on Jan 27 12 at 5:20 pm

I have heard argued, and I have no clue if this is “valid” or not, that as a review blogger the NEW product I receive is purely for work and what I receive a the end of the period used for review, the now USED version is what I actually get to keep. Did that sentence make sense? I’ve heard you can claim the fair market value of what the product is worth after it has been used for the sake of your service. In the scenario of a bag of chips, if you eat the chips to provide the service, you are essentially left with no compensation. Thoughts??

Janel commented on Mar 02 12 at 9:47 pm

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