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Tax Write-Offs For Free (As In Speech) Work?

deuist writes "Several years ago I wrote a book called The Not So Short Introduction to Getting Into Medical School (PDF) and released it online under a Creative Commons license. I have been asked several times to publish the text so that I can make money off of it. The book has become quite famous among pre-med students and is now available from the Princeton Review as a free CD that is given to pre-medical interest groups. My question to the Slashdot community involves claiming this work as volunteering for tax purposes. Have any of you had any success with releasing free software and then writing off your time when April 15 rolls around?"

19 of 198 comments (clear)

  1. I write off thousands every year to OSS by hacker · · Score: 5, Informative

    I've written off thousands of dollars every year to OSS, and continue to do so. I have a stellar CPA who was able to find all of the legal places where I can write off money. Here are some of them:

    1. My vehicle gas/travel to and from our monthly LUG meetings
    2. The telephone line into my home, where my DSL is connected (write code at home, upload to server using that connection)
    3. A portion of the monthly power bill, used to keep that DSL, servers and equipment running which is dedicated to the pursuit of writing OSS
    4. The cost of my laptops (running Linux) which is used to write, test and maintain OSS software
    5. The cost of my VMware Workstation license, used exclusively to test code in operating systems I do not run natively
    6. A portion of the taxes on my home, which is dedicated office space, used to write/maintain OSS software
    7. All of the costs from my upstream provider's hosting ($150/month) which is used to host my own projects, as well as those from other FLOSS developers
    8. All of the donations given to me/our projects via PayPal (it's "income", not a "gift", so treated accordingly)
    9. Commission from the Google and LinkXL banner ads run on some sites (used to pay for the hosting and power of said sites)
    10. ..and so on.

    My first suggestion would be to interview and find a top-notch CPA, and book an appointment with him to pour over your finances to see where things can be deducted. They can also retroactively go back years and reclaim funds you did not claim the first time around, if you miss critical deductions.

    1. Re:I write off thousands every year to OSS by MSTCrow5429 · · Score: 5, Insightful

      I'm not against tax write-offs, and avoiding taxes any way possible, but I'm not aware of any component of the tax code that authorizes individual write-offs for voluntary, non-profit activities. Also, the fact that you are using a CPA for tax prep, and suggesting that others do so as well, scares me. CPAs are not for tax preparation. You have a question about the tax code, you ask a tax lawyer, not a CPA. CPAs are accountants.

      --
      Slashdot: Playing Favorites Since 1997
    2. Re:I write off thousands every year to OSS by the+eric+conspiracy · · Score: 5, Informative

      Expenses that you pay out of pocket as part of volunteer activities to a not profit organization are generally deductible. The actual time is not.

      www.irs.gov/pub/irs-pdf/p535.pdf

      http://www.irs.gov/publications/p526/ar02.html#d0e867

    3. Re:I write off thousands every year to OSS by Anonymous Coward · · Score: 5, Funny

      If he truly understands the tax code inside and out, he's the only one in the country who does.

    4. Re:I write off thousands every year to OSS by alphad0g · · Score: 5, Interesting

      You can write off un-reimbursed business expenses and charitable contributions. Working on OSS projects does not qualify as either one unless your company is paying you to do this from home - then you can write off your router/internet/etc. as long as they are for business only. Driving to LUG - how does that fit? LUG is not a recognized charity, nor is 99.999% of OSS. Taxes on your home should be deducted as part of one of your normal itemized deductions; if you are taking another part of them for this OSS work, you are double dipping. Ask your CPA if he will pay the fines when you get audited? You may want to be ready with an alibi when IRS comes knocking - tell them you have a wireless router that has no encryption and someone was parked outside, posting to slashdot. Also, I would find a reputable CPA, as this one is giving you some bogus info.

    5. Re:I write off thousands every year to OSS by Anonymous Coward · · Score: 3, Informative

      I am somewhat aghast that this incredibly ignorant comment was modded insightful. Many, many CPA's (full disclosure, including myself) specialize in tax strategy, planning and compliance. The tax advice you can receive from a CPA is often as good as, if not better than advice you could receive from an attorney.
      For today's anecdotal fact, I provide tax expertise to several law firms and their clients. The fact that these firms outsource their work should give you an indication of the relative quality of our work.

      http://www.ey.com/global/content.nsf/International/Services_-_Tax
      http://www.pwc.com/extweb/service.nsf/docid/efee1aa2f6b3a99485256fbe0060ff96

    6. Re:I write off thousands every year to OSS by stephanruby · · Score: 4, Informative

      CPAs are accountants.

      Yes, CPAs are accountants. But just to be clear, being an accountant doesn't necessarily mean you're a CPA. In fact, less than 20% of accountants are even CPAs.

      CPAs are not for tax preparation. You have a question about the tax code, you ask a tax lawyer, not a CPA.

      No, it's the tax lawyers that shouldn't be used for tax preparation. "In most U.S. states, only CPAs who are licensed are able to provide to the public attestation (including auditing) opinions on financial statements." http://en.wikipedia.org/wiki/Certified_public_accountant

      Tax lawyers are too highly specialized. Now don't get me wrong, tax lawyers will be able to give you very a precise answer about something that falls within their narrow niche of experience, and they'll be able to give you an answer as long as you already know which right questions to ask, but they won't necessarily have the general legal knowledge of a CPA. And yes, CPAs have general legal knowledge, if you just take a look at their exam sample books, I think you'll see that the legal knowledge and the legal minutiae represents the bulk of their exam, and that the accounting part is really the easiest part they have to know.

      So not only using a Tax Lawyer would probably be overkill, but he would also probably miss important deductions because he'd miss the bigger picture that comes with the experience of preparing taxes and signing his names to them day-in and day-out (that being said, the specialization trap can also apply to CPAs as well, so for instance a CPA who passed his CPA state bar exam twenty years ago and who isn't used to doing taxes at his day job -- will most likely not be a very good choice either).

    7. Re:I write off thousands every year to OSS by Arroyodude · · Score: 5, Informative

      ...the fact that you are using a CPA for tax prep, and suggesting that others do so as well, scares me. CPAs are not for tax preparation. You have a question about the tax code, you ask a tax lawyer, not a CPA. CPAs are accountants.

      Wow! Where do I start, except to say that I'm an Enrolled Agent, meaning that I'm authorized ("licensed" as it were) by the IRS to represent taxpayers before all levels of the Internal Revenue Service." In other words, I'm a tax professional with a certification that goes back well over 100 years. Attorneys have had that right for less time and CPAs for a lot less than that. I'm also the tax manager in a small but nationally recognized CPA firm. Most CPAs (including all of the final 4) do lots and lots of tax work, much of it referred by tax attorneys who, for the most part, handle tax controversy matters and answer questions a lot harder than KDawson's. And they do so somewhere north of $300-$400 an hour if they're even half-good. I'll leave it to others to respond to the original poster's query, but will confirm that, no, you cannot write off your time. The tax rules can be complicated (and just because your accountant/lawyer/taxguy says it's so doesn't mean it will be upheld on audit unless the facts support it). Find a good CPA who knows your industry, or better yet, an Enrolled Agent. Or get a referral from a tax attorney.

    8. Re:I write off thousands every year to OSS by Russ+Nelson · · Score: 4, Informative

      Lemme see. 501(c)3's: The Free Software Foundation, Software in the Public Interest, the Gnome Foundation, the Open Source Initiative, the Perl Foundation, the Python Foundation, the Apache Software Foundation, the Public Software Fund. I'm sure I've missed some.

      You can't swing an open source cat without hitting a 501(c)3.

      --
      Don't piss off The Angry Economist
  2. NO by larry+bagina · · Score: 5, Informative

    to get a tax write off, you need to donate money (or materials, which cost money at some point). Your time has no value for tax purposes.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  3. What is your time worth? by peterofoz · · Score: 3, Insightful

    I'd looked into this for another charity (Boy/Girl Scouts) I help out with a lot and found that I can't deduct value for my time. In order to take a tax deduction I have to donate things like: cash with a receipt, goods (fair market value), or mileage documented in a diary or expense report.

    In short, your time is worth nothing to the IRS unless you first convert it into cash, thereby establishing it's fair market value. Then you donate the cash.

    If you'd like some kudo's, there is always the Presidential Service Awards. They have a section for Computers and Technology. When you hit your bronze/silver/gold levels you can get it vetted and send your $6 to get a certificate. You'll probably also get letters from your local politicians who are plugged into the recognition process.

  4. Ask the IRS... by Yosemite_Mark · · Score: 5, Informative

    From Tax Publication 526, under the heading "Not Deductable As Charitable Contributions" : "Value of your time or services". Many out of pocket expenses you incur while serving as a volunteer are deductible, though.

  5. No go.... by Panaflex · · Score: 4, Informative

    From my understanding, volunteer work is not tax deductible. Tangible assets and money given (like miles driven, money and items donated) may be deductible in certain situations.

    In other words - you need receipts for things you used in the service of making your work for non-profits. And, technically speaking, you're going to need a 503(c) charity status as well.

    If you want to run a 503(c) and give it away, you can certainly do that. But the only money you would be able to deduct is the money you would spend on the creation and operation of the charity organization.

    Disclaimer: You milage may vary, offer not valid in the state of California, I'm not a lawyer and you're likely to end up in Gitmo following my advice, married with 16 children, and bald. Some people experience adverse reactions to this advice, such as lucid dreaming, extended erections, overgrown toe and nose hair, and quite possibly death by shotgun in the night. Drink responsibly.

    --
    I said no... but I missed and it came out yes.
  6. MS model? by wurp · · Score: 4, Interesting

    If you charge for something, and have purchases, then isn't any copy of that thing that you give away a business loss?

    How is this different than MS writing Vista, which they sell, then taking a tax write-off for the full value of Vista when they give 100,000 copies to schools?

    You're not writing off your time; you're writing off the value of the goods you gave away.

    I am not a lawyer or an accountant. I'm just asking the question :-)

  7. Ask not... by Ottair · · Score: 4, Funny

    what you can do for your country, ask what the IRS Code, Section 12, paragraph 14 can do for you.

  8. It's A Hobby by Nom+du+Keyboard · · Score: 4, Interesting

    When you aren't making money from an endeavor, especially if you can't point out how it may lead to making money in the future, it's not a job to the I.R.S., but a hobby. And you can't write off expenses of a hobby. The earlier poster who says his stellar C.P.A. who found lots of write-offs has likely yet to survive an I.R.S. audit over them. You may not be so lucky.

    You will receive lots of suggestions here. Mine is, and I've worked as a consultant and had write-offs, that you need to show how all these efforts are leading towards profits in the future. It's not a crime to lose money in your business, however, after a certain point (IIRC 3 years, but talk to a professional about this) the I.R.S. will no longer consider your efforts a business.

    One suggestion: Chalk all this up to generating resume cred for future jobs that do pay.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  9. double dipping by jdh3.1415 · · Score: 5, Interesting

    You can't write off volunteer time. That would be double dipping. The good news is you don't have to pay taxes on the money you didn't earn while working on your book.

    Imagine your time is worth $50.00 / hr. You could donate 100 hours of time by working for 100 hours for $5000. Then, you could donate the money back to the charity and deduct the $5000. Or, you could work for free for 100 hours and forgo the deduction. Both scenarios would put you in the same place tax wise.

    On the otherhand, if you worked for free and took a deduction, you would essentially be taking the deduction twice. The IRS doesn't take kindly to this.

  10. Well, I have some advice... by zotz · · Score: 3, Funny

    and I think it may even be good advice. What is it worth to you though?

    I was going to give it at no cost, but then I checked the license on your book and it has the NC clause in it.

    So, Use BY-SA or BY instead and drop the NC and I will give the advice gratis. Or let me know if you are interested in paying for some advice.

    I know this may sound snarky, but it is not meant in that way.

    all the best,

    drew

    --
    FreeMusicPush If you want to see more Free Music made, listen to Free
  11. Tax code is *code* by billstewart · · Score: 3, Interesting

    My wife, a computer scientist, did tax preparation during the 80s. The tax code is code - is was written to do things, and it's buggy and badly documented, but it's code. At the time she started, most of the tax code generally made some sense - it was full of special interest giveaways, obfuscation, ill-advised attempts at social policy, etc., but she had the impression that the people writing it generally knew what they were trying to accomplish with most sections - but the Reagan "tax cut" years added 30-50% more tax code, and she got the impression from watching the changes that the Congress was losing track of what it was trying to accomplish. There'd be things that got put in one year and patched the next (e.g. they were trying to do a favor for one Indian-run casino in South Dakota, the patch corrected the unintended favor that they'd also done for a casino in New Jersey, etc.)

    The basics about deductability of things you've performed for charity probably haven't changed much since I last looked at it 20 years ago. If they paid you $X for your labor and you donated $X to them, you'd break even. That's not different if you're charging them $0. On the other hand, if you're donating materials in kind, you might be able to donate the costs of those materials - your CPA can tell you, and some kinds of deductions like costs of home offices are so often abused that you need to be very careful if you want to even try.

    However, if you own a profit-making business, it's easier to have things you're doing be done by the business and therefore be expenses of the business. That's still not going to let you get paid for your labor, but costs like your computers, power, etc. are easier to put there, reducing the profit your business makes and therefore reducing your business's taxes. But if your business loses money more than X years out of Y, the IRS says it's not a business, it's a hobby, and you can't deduct the costs.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks