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W9 for Wedding photography?


mbyrne

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<p>I just had a couple request a W9 from me for shooting their wedding. I've never had this asked for a wedding. I've done them for businesses, but never a couple.<br>

I feel a bit weird about giving them my SS#, they weren't the nicest people in the world.</p>

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<p>I replied saying that I found it a bit odd that a couple would ask for this, that it was only something generally asked for, she said<br>

"I am entitled to write off the payment to you as an expense, which is why I need the W-9."<br>

and then she pretty much said that I would be audited if I didn't give it to her.</p>

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<p>Check with your tax advisor or if you don't have one - call the IRS help line - they will answer your question regarding this situation and not ask for identifying information.<br>

I just had to provide mine for a property management firm that is renting a property I own and collecting the rent for me. Different situation -</p>

<p>Never had a couple ask me for a w9.</p>

<p>I'd love to be the IRS auditor reviewing her taxes....</p>

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<p>"Can people write off wedding photographers as a business expense?" Please make her day;<br /> send her a copy of a Form W-9 with the last four digits of your social security number. And send the original Form W-9 to the IRS, making sure her name-address info is very clear.</p>

<p> </p>

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<blockquote>

<p>Can people write off wedding photographers as a business expense?</p>

</blockquote>

<p>Absolutely!<em> But</em>... can they do it successfully <em>and</em> will the IRS allow it? Who knows...But they can certainly try. <em> </em>People have been known to try to write off escorts and strippers, too.</p>

<p><em>Personally,</em> I think it's a pretty ballsy move to try to deduct one's wedding photographs as a legitimate business expense. And, <em>personally,</em> I think it's kinda skeevy to request the form from you *after* you shot their wedding. How difficult would it be to say during the initial conversations, "and by the way, we'll need a W9 from you for this."</p>

<p>However, if they paid you more than $600 and they are claiming it as a business expense, you might actually be obligated to provide them with it. It's a way for them to prove to the IRS that they actually spent the money. A lot of businesses get W9s from all their vendors, regardless of the amount they spent.</p>

<p>As others have noted, check with your accountant.</p>

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<p>I am not an accountant but I always felt I kept myself enough in touch so that I could have a grip on things besides and in advance of my dealings with the accountant. This way I always feel I am at least not giving myself any obvious problems or extra surprizes. I was always under the impression that in our field as freelance photographers that I was supplying my TIN to another company via W9 form so they could issue an appropriate 1099 for independent contractor type work. So, what am I missing here, they want to give you a 1099 for the wedding you shot. Now I believe their reference to the audit blah,blah, blah is that upon request you must supply the W9 or you are under a "violation". I'm guessing that the issue here would be if this is a legit use and therefore making you obligated as such. So I'm sure you're going to check properly into it, but this does sound a bit strange. On the other hand, if I am correct, in order for them to show you as an expense to their business, they must have your W9 on file. Again, I am not an accountant, but I think I have read around on this stuff enough to at least have this much pretty well understood. I too will be curious to hear the end result. 8-))</p>
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<p><strong>Personal expenses are not tax deductible</strong>. A wedding is a personal event. Even if you owned an event space, were a dress designer, etc., and intended to use the photos for promotion, I highly doubt that the IRS would knowingly allow you to deduct any part of your wedding.<br>

BUT, there's a lot of gray area out there and many accountants willing to push it to the max. And keep in mind that cheating on your return doesn't mean that you will get caught.<br>

My biggest concern is that, in order for this to even remotely work, they have to be using the photos for something other than personal use. If it were me, I'd ask what the usage is and make sure that I was compensated properly. If they are using the images for advertising or reselling them, you should renegotiate the terms.<br>

Lastly, W9 implies future 1099.</p>

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  • 2 weeks later...

<p>I would not recommend signing a contract with this client. The fact that she's already making the hair on the back of your neck stand up is not a sign of good things to come, I've found in my experience that the clients whom you refer to as "not the nicest person" are the ones whom you regret signing down the road...</p>

<p>Of course you should have an EIN, which is perfectly legitimate to provide upon request, many companies use that to ensure you are a <em>real</em> business interest (for wholesale discounts and such), and I frequently provide that to vendors...</p>

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<p>Generally speaking, any photographer who outsources album design, printing of albums, print processing, camera gear rental, etc. in excess of $600 per entity would be required to obtain the entities' tax payer identification number (SS or EIN) and file forms 1096 and 1099 for each entities.<br>

For example, if you ordered albums from "Albums & More, LLC" totaling $2000 last year then you would submit a W-9 to "Albums & More, LLC," file a 1096 information return with the IRS, and 1099-MISC to "Albums & More, LLC."<br>

However, if you host your images with, say, Exposure Manager, and you only incur $500 of print processing expenses, then you could disregard the above.</p>

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<p>Just to clarify my last post. Through 2011, entities are only required to report $600 or more in payments for services - such as album design. However, in 2012 the newly enacted health care bill would require reporting 1099 for payments of $600 or more for equipment, furniture, and other tangible personal property. When you hear discussion about the burdens the new health care law will place on small businesses - this is one of those burdens.</p>
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