Blast! Director Paul Devlin on the IRS’s battle with documentary filmmakers.
Read the full article here!
Last year at a summit meeting of the independent film community called “The Conversation,” Ira Deutchman was compelled to propose, “Filmmaking has never been a business…it’s a hobby.” Sentiments like this are not uncommon after the hardships filmmakers have faced in recent years, the multiple threats to our business models that accompanied both technological change and the global economic crisis. In fact, many filmmakers have been forced to re-evaluate the economic viability of their entire enterprises.
Soul-searching in tough times is important, but our community must be extremely careful with our language and avoid using words like “hobby.” Why? Because the IRS is listening! If you are deducting filmmaking expenses from other sources of income on your tax returns, then you must identify your filmmaking as a for profit business and not a hobby.
Documentary filmmakers have become especially vulnerable to the perception that they are engaged in a hobby rather than an activity for profit. Because development takes so long and revenue sources are so difficult to sustain, filmmakers often endure losses over many years. They persevere because they become so passionate about their subject matter and the need to spread their message to the world that generating a profit may not seem primary.
Unfortunately the unfair and incorrect perception that documentary filmmakers are not interested in profit has resulted in unsettling scrutiny of our industry by the U.S. Internal Revenue Service. In a case now in U.S Tax Court in Arizona, the IRS has been asked to demonstrate whether or not the primary purpose of documentary filmmaking in general is “to educate and to expose” and is thus “an activity not engaged in for profit.”
This may sound absurd, but it is very serious. If the IRS wins their case against Arizona filmmaker Lee Storey (Smile ’Til It Hurts: The Up With People Story), documentary filmmakers may no longer be permitted to deduct expenses associated with making their films from other sources of income. Furthermore, filmmakers who have already deducted these expenses may be faced with potentially ruinous audits.
Read the rest of the article at FilmmakerMagazine.com!