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Publication 911 Contents

Cat. No. 60031B


Introduction ............................................ 1
Direct Sellers .......................................... 2
Department
of the
Tax Tax Information ......................................
Business Income....................................
2
4
Treasury

Internal
Revenue
Information for Capital Expenses....................................
Cost Recovery ........................................
6
6
Service
Direct Sellers Business Expenses................................
Business Use of Your Home..................
7
9
Travel and Transportation ..................... 9
For use in preparing
Meals and Entertainment ....................... 9

1994 Returns Business Gifts ........................................ 10


Not-for-Profit Limit ................................. 11
Recordkeeping ....................................... 11
Sample Filled-In Forms .......................... 13
Index........................................................ 18

Introduction
This publication provides general tax informa-
tion for direct sellers. It discusses the tax treat-
ment of income, expenses, and other items re-
lated to your direct selling business.
This publication is not intended for the
salesperson who works in a store, sells
through a retail sales outlet, or sells the em-
ployer’s product away from the employer’s
place of business.

Useful Items
You may want to see:

Publication
❏ 15 Circular E, Employer’s Tax Guide
❏ 463 Travel, Entertainment, and Gift
Expenses
❏ 505 Tax Withholding and Estimated
Tax
❏ 525 Taxable and Nontaxable Income
❏ 533 Self-Employment Tax
❏ 535 Business Expenses
❏ 538 Accounting Periods and Methods
❏ 583 Taxpayers Starting a Business
❏ 587 Business Use of Your Home
❏ 917 Business Use of a Car
❏ 937 Employment Taxes
❏ 946 How To Begin Depreciating Your
Property

Form (and Instructions)


❏ SS–4 Application for Employer
Identification Number
❏ Sch A (Form 1040) Itemized
Deductions
❏ Sch C (Form 1040) Profit or Loss From Self-employed. You are self-employed as a Employer Identification
Business direct seller if you meet all of the following
conditions: Number (EIN)
❏ Sch C–EZ (Form 1040) Net Profit From
You need an EIN for your business if:
Business 1) You are engaged in the trade or business
of selling or soliciting the sale of consumer 1) You have a Keogh plan, or
❏ Sch SE (Form 1040) Self-Employment
Tax products, either— 2) You are required to file one of the
a) In a home or other place that is not a following tax returns:
❏ 1040 U.S. Individual Income Tax
Return permanent retail establishment, or a) Employment.
❏ 1040–ES Estimated Tax for Individuals b) To any buyer on a buy-sell basis, a de- b) Excise.
posit-commission basis, or any similar
❏ 1099–MISC Miscellaneous Income basis for resale by the buyer or any c) Fiduciary.
❏ 2210 Underpayment of Estimated Tax other person in a home or other place d) Alcohol, tobacco, and firearms.
by Individuals, Estates, and Trusts that is not a permanent retail
❏ 4562 Depreciation and Amortization establishment. Otherwise, your identification number is your
2) Substantially all your pay (whether paid in social security number. However, a partner-
❏ 6198 At-Risk Limitations ship or corporation needs an EIN to use as its
cash or not) for services described in (1)
❏ 8829 Expenses for Business Use of is directly related to sales or other output identification number. It cannot use the social
Your Home (including the performance of services) security number of a partner or owner.
rather than to the number of hours Use Form SS–4 to apply for an EIN.
worked.
Ordering publications and forms. To order
3) Your services are performed under a writ- Business Taxes
free publications and forms, call our toll-free Three kinds of business taxes may apply to di-
ten contract between you and the person
telephone number 1–800–TAX–FORM rect sellers:
for whom you perform the services, and
(1–800–829–3676). You can also write to the
the contract provides that you will not be 1) Income tax.
IRS Forms Distribution Center nearest you.
treated as an employee for federal tax
Check your income tax package for the 2) Self-employment tax.
purposes.
address.
3) Employment taxes.
Telephone help. You can call the IRS with Employee. You are a direct seller only if you
are in business for yourself. Selling consumer Income tax. Each business must file an an-
your tax question Monday through Friday dur-
products as a company employee does not nual income tax return. For example, if you op-
ing regular business hours. Check your tele-
make you a direct seller. The fact that you work erate your direct-selling business as a sole
phone book for the local number or you can
under another direct seller does not make you proprietor, you must file Schedule C or C–EZ
call toll-free 1–800–829–1040.
that person’s employee. (Form 1040). You are a sole proprietor if you
are self-employed (work for yourself) and are
Telephone help for hearing-impaired per-
Recruiting. You are engaged in the trade or the only owner of your unincorporated
sons. If you have access to TDD equipment,
business of selling or soliciting if you attempt to business.
you can call 1–800–829–4059 with your tax
question or to order forms and publications. increase the sales of direct sellers who work
under you and your pay depends on how much Self-employment tax. Self-employment tax
See your tax package for the hours of
they sell. Recruiting, motivating, and training is the social security and Medicare tax for
operation.
are examples of attempts to increase sales those who work for themselves. It is like the so-
activities. cial security and Medicare taxes withheld from
the pay of wage earners. You may have to pay
Direct Sellers Host or hostess. You are not a direct seller if this tax on income from direct selling if you are
you simply host a party at which sales are either the sole proprietor of your business or a
Direct sellers sell consumer products to others partner in a partnership. Use Schedule SE
made. Nevertheless, some information in this
on a person-to-person basis, usually working (Form 1040) to figure and report self-employ-
publication may still apply to you:
out of their own homes. They may sell door-to- ment tax. For more information on self-em-
door, through the sales party plan, or by ap- 1) The ‘‘gift’’ you receive for giving the party ployment tax, see Publication 533.
pointment in someone else’s home. Their cus- is a payment for helping the direct seller
tomers may be coworkers, friends, relatives, make sales. You must report it as income
Employment taxes. If you have employees in
or neighbors. They may sell on a regular basis at its fair market value. See Other Income,
your business, you will probably be required to
or only occasionally. They may sell as full-time later.
withhold and pay employment taxes. These
work or as a sideline to a regular job. 2) Your out-of-pocket party expenses are taxes include:
A direct seller usually signs up with a par- subject to the 50% limit for meal and en-
ticular company to sell its product line. The 1) The federal income tax you withhold from
tertainment expenses, discussed later. employees’ wages,
company may use one of many titles for its di- These expenses are deductible as mis-
rect sellers, including: cellaneous itemized deductions subject to 2) Social security and Medicare taxes—both
Consultant the 2% limit on Schedule A (Form 1040), the amount you withhold from employees’
but only up to the amount of income you wages and the amount you pay as em-
Coordinator ployer, and
receive for giving the party. See Not-for-
Dealer Profit Limit, later. 3) Federal unemployment (FUTA) tax which
Demonstrator is not withheld from employees’ wages
Designer but paid by the employer.
Director For more information, see Publication 937 and
Distributor and direct distributor Tax Information Publication 15.
Instructor The following discussion gives basic tax infor-
mation that may help if you have never been in Other taxes. For information on deducting
Manager or supervisor business for yourself. For more information, personal property and other taxes, see Taxes
Representative or sales representative see Publication 583. under Business Expenses, later.

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Estimated Tax civil fraud penalty. In certain cases, you may 2) $5,000.
be subject to criminal prosecution.
The federal income tax is a pay-as-you-go tax.
Information reporting penalties. Any per-
You must pay it as you earn or receive income
Failure-to-file penalty. If you do not file your son who does not file an information return or a
during the year. There are two ways to pay as
return by the due date (including extensions), complete and correct information return with
you go:
you may have to pay a failure-to-file penalty. the IRS on or before the required filing date is
1) Withholding. If you are an employee, The penalty is 5% of the tax not paid by the subject to a penalty for each failure. A penalty
your employer probably withholds income due date for each month, or part of a month, is applied to information returns as follows:
tax from your pay. You can ask your em- that the return is late. This penalty cannot be 1) Correct information returns filed within 30
ployer to increase the amount withheld to more than 25% of your tax, but it is reduced by days after the due date, $15 each.
cover the income both from your job and the failure-to-pay penalty (defined next) for
from direct selling. any month both penalties apply. However, if 2) Correct information returns filed after the
your return is more than 60 days late, the pen- 30-day period but before August 1, $30
2) Estimated tax. If you do not pay tax each.
through withholding, or do not pay enough alty will not be less than $100 or 100% of the
tax that way, you may have to pay esti- tax balance, whichever is less. You will not 3) Information returns filed after August 1, or
mated tax. have to pay the penalty if you can show rea- never filed, $50 each.
sonable cause for not filing on time.
Estimated tax is used to pay both income and Maximum limits apply to all these penalties.
Failure-to-pay penalty. You may have to pay Failure to furnish correct payee state-
self-employment taxes (and certain other
a penalty of 1/2 of 1% of your unpaid taxes for ments. Any person who does not provide a
taxes and amounts reported on Form 1040).
each month, or part of a month, after the due taxpayer with a complete and correct copy of
Estimated tax is discussed in Publication 505.
date for tax not paid. This penalty cannot be an information return (payee statement) on or
more than 25% of your unpaid tax. You will not before the required due date is subject to a
$500 minimum. You do not have to pay esti-
have to pay the penalty if you can show good penalty of $50 for each statement. If the failure
mated tax if your total expected taxes, minus
reason for not paying tax on time. This failure- is due to intentional disregard of the require-
any expected tax credits and withholding, will
to-pay penalty is in addition to the failure-to-file ment, the penalty is the greater of:
be less than $500 for the year or you had zero
penalty.
tax liability last year. 1) $100 per statement, or
Penalty for frivolous return. You may have 2) 10% or 5% (depending on the type of
Form 1040–ES. Use Form 1040–ES to figure statement) of the amount to be shown on
to pay a penalty of $500 if you file a return that
your estimated tax and make estimated tax the statement.
does not include enough information to figure
payments.
the correct tax, or a return that shows an incor-
rect tax amount, and the reason you filed such Identification numbers and other informa-
Form 2210. If you did not pay enough esti- a return is due to: tion. Any person who does not comply with
mated tax or have enough income tax with- other specified reporting requirements, includ-
held, you may be subject to a penalty. You can 1) A frivolous position on your part, or
ing the use of correct identification numbers
use Form 2210 to figure the penalty. Or, in 2) A desire to delay or interfere with the ad- (employer identification numbers and social
most cases, you can have the Internal Reve- ministration of federal income tax laws. security numbers), is subject to a penalty of
nue Service figure the penalty for you. See the $50 for each failure. This includes failures to:
instructions to determine if you must complete This penalty is in addition to any other penalty
the form. 1) Use correct identification numbers for
provided by law.
yourself, your spouse, and your depen-
dents on returns and statements.
Information Returns Accuracy-related penalties. An accuracy-
2) Use correct identification numbers for
related penalty of 20% is applied to any un-
If you have other direct sellers working under other taxpayers where required.
derpayment due to:
you and you sell $5,000 or more in goods dur-
ing the year to any one of those sellers, you 1) Negligence or intentional disregard of 3) Supply correct identification numbers
must report the sales on an information return. rules or regulations, or when required by another taxpayer, such
The information return, Form 1099–MISC, as a bank.
2) Substantial understatement of income
must show the name, address, and identifica- tax.
tion number of the seller placing the orders.
Check Box 9 of Form 1099–MISC to show This penalty also applies to conditions not dis- Accounting Periods
these sales. No dollar amount is needed. You
must give Copy B or a qualified statement
cussed here. and Methods
None of these penalties can be stacked. All income tax returns are prepared using an
(such as a letter showing this information Thus, even though the same underpayment
along with commissions, prizes, awards, etc.) accounting period (tax year) and an account-
may be subject to both the negligence or sub- ing method.
to the seller by January 31, 1995. stantial underpayment penalty, the total accu-
Copy A of Form 1099–MISC must be filed racy-related penalty cannot exceed 20% of the
with the Internal Revenue Service by February Accounting Periods
underpayment. Neither penalty may be im-
28, 1995. Use Form 1096 to summarize and posed if there is reasonable cause accompa- You must figure your taxable income and file a
transmit Form 1099–MISC. See the instruc- nied by good faith. federal income tax return on the basis of an
tions to Form 1096 for the address of the Inter- Negligence. Negligence includes the lack annual accounting period called a ‘‘tax year.’’
nal Revenue Service Center where you must of any reasonable attempt to comply with pro- The accounting periods you may use are:
file Form 1096 and the accompanying Forms visions of the Internal Revenue Code. A calendar year which begins on January
1099–MISC. Disregard. Disregard includes the care- 1 and ends on December 31, or
less, reckless, or intentional disregard of rules A fiscal year (including a period of 52 or
Penalties or regulations. 53 weeks). A regular fiscal year is 12
The law imposes penalties to ensure that all Substantial understatement of income months in a row ending on the last day
taxpayers pay their fair share of taxes. Some tax. For an individual, income tax is substan- of any month except December.
of these penalties are listed below. If you do tially understated if the omitted amount ex-
not file a return when required or you provide ceeds the greater of: You establish a tax year when you file your first
fraudulent information, you may be subject to a 1) 10% of the correct tax, or income tax return. If you filed your first return

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as a wage earner using the calendar year, you Income from Sales 1) Figure the total amount your customers
must use the calendar year as your business paid you during the year for goods you
You have income from sales if your customers
tax year. You cannot change your tax year sold them. Include this amount in the
without the consent of the IRS. For more infor- buy directly from you and you buy the products gross business receipts you report on
mation, see Publication 538. you sell from a company (or another direct your return.
seller).
If your customers buy their products from a 2) Next, subtract the amount (if any) your
Accounting Methods company, you, as the sales agent, do not have customers paid that you had to return in
An accounting method is a set of rules used to the form of refunds, rebates, or other al-
any income from sales. You will generally re-
report income and deduct expenses. The two lowances. Show this amount on your tax
ceive a commission for making the sale, but
most common accounting methods are the return.
will have no direct income from the sale itself.
cash method and an accrual method. 3) Finally, subtract the cost of the goods you
Therefore, the rules in this section do not apply
The text and examples in this publication sold. To figure the cost of goods sold, you
to you. Report your commissions as other bus-
generally assume that you use the calendar must know the value of the inventory of
iness income. For more information, see Other
year as your tax year and either the cash goods you had at the beginning and end
Income, later.
method or a hybrid method (a combination of of the year, and your purchases during
cash and accrual) as your accounting method. Example 1. Your customers pay you the
the year. See Cost of Goods Sold, next,
If inventories are necessary in accounting for retail price for goods they order. You send the
and Inventory, later.
your income, you must use an accrual method, orders and payments to a company. The com-
discussed later, for your sales and purchases. pany sends the merchandise to fill the orders.
If you use a fiscal year or an accrual method, The company also sends your share of the re-
you must make adjustments. For more infor- tail price. Cost of Goods Sold
mation on accounting methods, see Publica- You are acting as a sales agent for the To figure the cost of goods sold during the
tion 538. company. You did not purchase the products year, follow these steps:
you sold to your customers. Your payment 1) Start with the value of your inventory at
Cash method. Under the cash method, you from the company is a commission, not in- the beginning of your tax year. This
report income in the year it is received, come from sales. Include the commissions in should be the same as the value of your
credited to your account, or made available to the gross receipts of your business. Do not in- inventory at the end of the previous year.
you on demand. You need not have physical clude the full amount your customers pay for Valuing inventory is discussed later under
possession of it. You deduct expenses in the the goods they order. Inventory.
year you pay them, even if you incurred them Example 2. Your customers pay you a de- 2) Add to your beginning inventory the cost
in an earlier year. posit when you take their orders. You send the of merchandise you bought during the
Checks. If you receive a check before the orders to the company, but keep the deposits year to sell to customers. This does not in-
end of the tax year, you must include it in your for yourself. The company fills the orders by clude the cost of merchandise you bought
income for the year you receive it even though shipping the merchandise to customers. The for your own use, but it can include the
you do not cash or deposit it until the next year. customers pay the company the rest of the re- cost of merchandise you use to demon-
tail price (usually cash on delivery). strate your product line. See Demonstra-
Accrual method. Under an accrual method, You are acting as a sales agent for the tors under Capital Expenses, later.
you report income in the year it is earned, company. The deposit is your commission. 3) Subtract from this total your inventory at
whether or not you actually received it. You de-
You have no income from sales. the end of the year. The remainder is your
duct expenses when they are incurred, rather
than when they are paid. Example 3. Your customers pay you for cost of goods sold during the year.
the goods you sell them, either when you take
Prepaid expenses. Expenses paid in ad- their orders or when you make deliveries. After Example 1. Janet Smith sells cookware on
vance can be deducted only in the year to your customers place orders, you order the the sales-party plan. On December 31, 1993,
which they apply under either the cash or an goods from a company (or from a direct seller she did not have any cookware on hand that
accrual method. For example, suppose you you work under). You either send the money she would sell, or had sold, to customers.
have a subscription to a direct-selling journal for the goods with your orders or you are billed However, she did have items of cookware that
that runs out at the end of 1994. It will cost you later. In either case, you are able to charge she used in demonstrations. The cost of these
$30 to renew the subscription for one year or your customers more than you pay for the demonstrators was $80. She does not have a
$54 for 2 years. You decide to renew for 2 goods. beginning inventory for 1994.
years and mail your check at the end of No- You are buying products ‘‘wholesale’’ and During the year, Janet spent $5,270 on
vember 1994. You cannot deduct the $54 on selling them ‘‘retail.’’ The full amount received goods in her product line. Of this amount, $130
your 1994 return, even if you use the cash from your customers is income from sales. was for cookware sets she gave for personal
method of accounting. However, you can de- You have income from sales to report on your gifts and $40 was for a set for personal use.
duct half of the $54 in 1995 and the other half return. Therefore, she purchased $5,100 [$5,270 −
in 1996. Example 4. You keep a supply of goods ($130 + $40)] worth of goods to sell to
your customers regularly buy from you. This customers.
allows you to fill their orders without delay. You On December 31, 1994, Janet had only
order and pay for the goods before your cus- one demonstrator set on hand. She also had
Business Income tomers specifically ask for them. several sets of cookware in boxes awaiting de-
You must report on your tax return all income You have purchased goods to resell to cus- livery to customers. The cost of these sets was
you receive as a direct seller. This income in- tomers. The full amount received from your $220. Therefore, her ending inventory for the
cludes any of the following: customers is income from sales. You have in- year is $220, and her cost of goods sold for
come from sales to report on your return. 1994 is $4,880 ($0 beginning inventory +
1) Income from sales—payments you re- $5,100 purchases − $220 ending inventory).
ceive from customers for products they
Example 2. Lisa Marie is a direct seller of
buy from you. Gross Profit on Sales cosmetics. She has an established clientele
2) Commissions, bonuses, or percentages Gross receipts minus cost of goods sold and knows what items are steady sellers.
you receive for sales and the sales of equals gross profit for the year. When the company has a special sale on
others who work under you. If you have income from sales, you figure these items, she buys an extra quantity for fu-
3) Prizes, awards, and gifts you receive for your gross profit and the amount of income to ture sales. She had merchandise costing $200
any reason from your selling business. report by following these steps: on hand at the end of 1993 (which would be

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her beginning inventory for 1994) and mer- cost of goods sold. Beginning inventory will the beginning of the year, they have the same
chandise costing $175 at the end of 1994. She usually be the same as ending inventory the value at the end of the year as they had at the
figures her cost of goods sold for 1994 as year before. Any differences must be ex- beginning.
follows: plained in a schedule attached to your return. Lower of cost or market. See Publication
538 for a discussion of the lower of cost or
Beginning inventory . . . . . . . . . . . . . . . . . . . . . . . $ 200
Taking inventory. The first step is to identify market method.
Add: Merchandise
and count all merchandise in your inventory. New business. For a new business not
purchased during the
Include all goods you have title to at the end of using LIFO, you may select either method to
year . . . . . . . . . . . . . . . . . . $3,250
the year. This will generally be any goods you value your inventory. You must use the same
Subtract: Purchase returns and
have on hand and have not yet sold to method to value your entire inventory and you
allowances . . . . . . . . . . . (50)
customers. cannot change the method without consent
Subtract: Goods withdrawn for
Include merchandise you have purchased, from the IRS.
personal use . . . . . . . . . (200) 3,000
Goods available for sale . . . . . . . . . . . . . . . . . . . $3,200
even if you have not yet physically received it.
Subtract: Ending inventory . . . . . . . . . . . . . . (175) You may also have title to goods that were Other Income
shipped to you but not yet received. If the risk
Cost of goods sold $3,025 The full amount of everything you receive in
of loss during shipment is yours, you probably
have title to the goods during shipment. If you your selling business is business income. You
Lisa figures her gross profit by subtracting must report all business income on your tax re-
buy merchandise that is sent C.O.D., title
the cost of goods sold from her gross receipts turn. Take no deduction from your income
passes when payment and delivery occur.
for the year as follows: before entering it on the return.
Goods not yet paid for. You may have ti-
Gross receipts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,375 tle to goods not yet paid for. If you are billed for
Minus: Cost of goods sold . . . . . . . . . . . . . . . . . 3,025 merchandise that is sent to you, you must usu- Commissions, bonuses, and percentages.
Gross profit $2,350 ally pay the bill within a certain time, whether or Many direct sellers receive a commission on
not you sell the goods. In this case, you have their sales. Your commission might be called a
title to the goods and must include them in in- ‘‘bonus’’or ‘‘percentage,’’ and it might be
Purchases. When figuring cost of goods sold, ventory if they are unsold or undelivered at the based on both your own sales and the sales of
include the full cost of all merchandise you end of the year. other direct sellers working under you.
buy to sell to customers. This cost includes Consignments. Merchandise you receive Report the full amount of any commissions
any postage or freight charges to get the on consignment is not purchased by you and is you receive as business income, even if you
merchandise. never included in your inventory. You have pay part of it to other direct sellers working
Figure your purchases at the actual price merchandise on consignment if you do not under you. The part you pay can usually be de-
you pay. If you receive a trade discount, use it have to pay for what you have in stock until the ducted as a business expense. For more infor-
to figure your purchases, not the stated selling time you sell it and collect the retail price from mation, see Commissions under Other Ex-
price. A trade discount is the difference be- the customer. penses, later.
tween the stated selling price and the actual
price you have to pay. Identifying the cost. The second step in fig- Prizes, awards, and gifts. If you receive
uring your inventory is to identify the inventory prizes, awards, or ‘‘gifts’’ in your role as a di-
Purchase returns and allowances. items with their costs. The specific identifica- rect seller, you must report their full value as
Purchase returns and allowances must be tion method is used when you can identify and business income. Examples include:
subtracted from your total purchases for the match the actual cost of the items in inventory.
year when figuring cost of goods sold. This in- Most direct sellers will be able to use this 1) Cash.
cludes any rebates or refunds you received off method.
the selling price. It also includes any credit you 2) Free merchandise.
If you cannot identify specific items with
received for merchandise you returned. their invoices, an assumption must be made 3) Expense-paid trips.
about which items were sold during the year
Personal withdrawals. Subtract from your and which remain. This assumption is made 4) Use of a car.
purchases for the year the cost of goods in using either the first-in first-out (FIFO) method,
your product line that you bought for personal 5) Jewelry signifying your level of achieve-
or the last-in first-out (LIFO) method.
use, as well as the cost of goods you withdrew ment as a direct seller.
The FIFO method assumes that the first
from inventory. Merchandise is considered
items you purchased or produced are the first 6) Memberships in organizations or clubs.
withdrawn from inventory when it is no longer
items you sold, consumed, or otherwise dis-
for sale to customers. For example, if you sell a 7) Tickets to sports events, shows, or
posed of.
particular kind of soap and give some as a gift concerts.
or use some yourself, you must withdraw the The LIFO method assumes that the last
soap from inventory because it is no longer items that you purchased are treated as if you
available for sale. sold or removed them from inventory first. Value of goods or services received. In-
come received in the form of goods and ser-
Inventory Valuing the inventory. The third step in figur- vices must be reported at its ‘‘fair market
ing your inventory is to value the items you value’’ on your tax return. Fair market value is
Many direct sellers have little or no inventory.
have in inventory. the price agreed on between a buyer and a
Others keep a considerable inventory of goods
The two common methods to value non- seller when both have all the necessary infor-
on hand. In either case, if you have income
LIFO inventory are the cost method and the mation and neither is forced to buy or sell.
from sales, you should know how to figure your
inventory at the end of each tax year. Figuring lower of cost or market method.
inventory involves: Cost method. If you use the cost method Value of use of property. If you receive the
to value your inventory items, the value of free use of property through your direct-sales
1) Taking inventory,
each item is usually its invoice price. Add performance, you must include the fair market
2) Identifying the cost, and transportation, shipping, or other necessary value of the use of the property in your busi-
3) Valuing the inventory. charges in getting the items. Subtract dis- ness income. There are special rules for the
counts you received from the invoice price. free use of an automobile and certain other
You need to know your inventory at the begin- If any of the goods you have on hand at the property. For more information, see Publica-
ning and end of each tax year to figure your end of the year were also in your inventory at tion 917 and Publication 525.

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One year or less of use. If you have a prod-
Capital Expenses uct that you use as a demonstrator for one
year or less and the demonstrator itself is not
Cost Recovery
You must capitalize, rather than deduct, some available for purchase by your customers, its You can usually ‘‘recover’’ your cost for capital
costs. These costs are a part of your invest- cost is a business expense. See Business Ex- expenses—subtract them from income—over
ment in your business and are called ‘‘capital penses, later. a number of years. This is done by deducting
expenses.’’ If the demonstrator itself can be bought by each year a percentage of the basis (usually
Although you generally cannot directly de- your customers, include it in your inventory of your cost) using a method of depreciation or
duct a capital expense, you may be able to goods for sale. amortization. Depreciation is used to recover
take deductions for these costs as explained capital expenses for most tangible business
Example 1. Constance is a direct seller of assets. Amortization is used to recover only
later under Cost Recovery.
kitchenware. Customers must order items certain kinds of capital expenses, including
from a catalog, but she keeps at least one of those for business start-up costs. Amortization
Kinds of Capital Expenses each type on hand to show buyers. When her is discussed in Chapter 12 of Publication 535.
You must capitalize the following costs: product line changes and an item is discontin- If you choose, you can treat a limited
ued, she either begins using the demonstrator amount of the cost of certain qualifying prop-
1) Going into business. The costs of get-
in her own kitchen or tries to sell it. When she erty as a current expense rather than a capital
ting started in business, before you are
had a garage sale, she sold a number of un- expense. This election is called the ‘‘section
authorized to start selling your company’s
used demonstrators. 179 deduction.’’
products, are all capital expenses. These
Constance includes her demonstrators, in-
include the cost of exploring different di-
cluding those for discontinued products, in her Form 4562. Form 4562 is generally used to
rect-selling opportunities, the cost of any
inventory of goods for sale. When she sells a report depreciation, amortization, or the sec-
training you must have before becoming a
demonstrator, including those she sold at the tion 179 deduction. Form 4562 is illustrated in
direct seller for your product line, any fees
garage sale, she includes the income in her an example in Publication 946.
you must pay to the company to become
gross business receipts.
a direct seller, and similar costs.
When Constance begins using a demon-
2) Business assets. The cost of any asset strator in her own kitchen, it is a withdrawal of
Section 179 Deduction
(property) that will last for more than one inventory for her personal use. She subtracts You can elect to treat all or part of the cost of
year is a capital expense. Examples of the cost of the item from her purchases for the certain qualifying property as an expense
business assets include: office furniture, year, as discussed under Cost of Goods Sold, rather than as a capital expenditure. If you
calculators, business vehicles, books, earlier. make the election, you can deduct a limited
and storage shelves. amount of the cost of qualifying property you
Example 2. Lydia sells needlework kits at buy for use in your direct selling business only
3) Improvements. The costs of making im- sales parties. She has catalogs and a number in the first year you place the property in
provements to a business asset are capi- of kits to show customers. She uses these kits service.
tal expenses if the improvements add to to demonstrate various needlework
the value of the asset, appreciably techniques. Placed in service. Property is considered
lengthen the time you can use it, or adapt The demonstrator kits last less than one placed in service when it is first ready and
it to a different use. However, normal re- year and are not sold to customers. Some are available for a specific use. When property is
pair expenses are deducted as current ruined and thrown away. Their cost is a busi- placed in service is an important factor for both
business expenses and are not capital- ness expense. the section 179 deduction and depreciation.
ized. For example, if you have a car you
use only for business, maintenance and More than one year of use. If you use a dem- Qualifying property. Qualifying property in-
repair costs, such as tune-ups, new head- onstrator for more than one year, its cost is a cludes tangible personal property for which
lights, or brake repairs, are business ex- capital expense. However, if you expect to depreciation or amortization is allowable.
penses. The cost of overhauling the en- eventually sell the demonstrator, include it in
gine, however, is a capital expense. your inventory of goods for sale. Maximum dollar limit. The total cost you can
Example 1. Mike sells educational books elect to deduct for a tax year cannot exceed
door-to-door. He carries copies of the books to $17,500.
Demonstrators show. If someone wants a book, he takes a de- If the total cost of qualifying property is less
If you keep your company’s products on hand posit and delivers the book at a later time. than $17,500, your section 179 deduction is
to show to potential customers, their cost may Because his product line changes little limited to the cost of the qualifying property
be part of the cost of goods sold, a capital ex- from year to year, Mike can use a book as a placed in service in the tax year.
pense, a business expense, or a personal ex- demonstrator for a long time. Although he peri- Example. You buy one item of qualifying
pense, depending on the circumstances. The odically replaces his demonstrators with new property in 1994 for $900. Your section 179
cost of a product you use yourself is a personal ones and sells the old ones at a discount, he deduction for 1994 is limited to $900.
expense, even if you occasionally show it to has kept some books as demonstrators for up
prospective customers. to 3 years. Taxable income limit. The total cost that can
Example. Sheila is a direct seller who Because Mike eventually sells his demon- be deducted in each year is limited to the taxa-
uses many of her products in her own home. strators, they remain part of his inventory of ble income from the active conduct of any
When potential customers come to her house, goods for sale. trade or business during the tax year.
she can show them drapes she bought from For more information, see Publication 946.
Example 2. Janet sells the same line of
the company, as well as the lawn chairs, educational books as Mike in Example 1. Un-
toaster, grill, tea set, and spice cabinet. By like him, she tries to use her demonstrators as Depreciation
showing these items in her own home, she long as possible. She puts the books in plastic If you do not elect a section 179 deduction or
hopes to interest people in buying from her jackets to protect them, and ordinarily only you elect a section 179 deduction and part of
company or in becoming direct sellers stops using them as demonstrators when the your cost is not deducted, you can take a de-
themselves. company comes out with a new edition. Janet preciation deduction for part or all of the cost.
Sheila cannot take deductions for the cost never sells the old demonstrators. She can re- Property for which you can recover the cost
of any of these products. Because she uses cover the cost of the books she uses as dem- through depreciation is called depreciable
them in her own home for personal reasons, onstrators as discussed under Cost Recovery, property. Depreciable property may be tangi-
their cost is not a cost of doing business. next. ble or intangible.

Page 6
1) Tangible property is any property that can Publication 535, Publication 937, and Publica- Interest
be seen or touched and includes both real tion 15.
Interest is the amount you pay to use borrowed
and personal property.
money. You can generally deduct as a busi-
a) Real property is land and generally any- Taxes ness expense all interest you pay or accrue in
thing that is erected on, growing on, or You can deduct as business expenses various the tax year on a debt related to your business.
attached to land. However, land itself is federal, state, and local taxes directly attributa- To take the deduction, you must have a true
never depreciable. ble to your direct-selling business. Some of obligation to pay a fixed or determinable sum
b) Personal property is property that is not these taxes are discussed under Business of money.
real estate, such as a car, truck, or of- Taxes , earlier, and others are discussed No deduction is allowed for interest paid or
fice equipment. below. accrued on personal loans. If a loan is part
business and part personal, you must divide
2) Intangible property is property such as a the interest between the personal part and the
Income taxes. Income taxes are not deducti-
copyright or franchise. business part. For more information, see
ble as business expenses. However, state and
local income taxes can be deducted if you Chapter 8 in Publication 535.
Property is depreciable if it meets these itemize deductions on Schedule A (Form Example. In 1994, you paid $600 interest
requirements: 1040). on a car loan. During 1994, you used the car
1) It is used in business or held for the pro- 60% for business and 40% for personal pur-
duction of income (for example, to earn Personal property tax. You can deduct as a poses. You are claiming actual expenses on
rent or royalty income for more than one business expense any tax imposed by a state the car. You can only deduct $360 (60% of
year). or local government on personal property used $600) as a business expense for 1994 on
2) It is something that wears out, decays, in your direct-selling business. You can deduct Schedule C (Form 1040). The remaining inter-
gets used up, becomes obsolete, or loses taxes based on value, weight, or any other est of $240 is a nondeductible personal
value from natural causes. measure of the property. expense.
Registration fees for the right to use prop-
erty within a state or local area are also de- Insurance
In general, if property does not meet all of
ductible as a business expense.
these conditions, it is not depreciable. You can generally deduct premiums for the fol-
The modified accelerated cost recovery Example. In 1994, May and Julius Winter lowing kinds of insurance, if the insurance cov-
system (MACRS) is the depreciation system drove their car 7,000 business miles out of a ers your business or business assets:
that must be used for most tangible deprecia- total of 10,000 miles. They had to pay $25 for
their 1994 state license tags and $20 for their 1) Fire, theft, flood, or other casualty
ble assets placed in service after 1986.
city registration sticker. They also paid $235 in insurance.
If you are starting to depreciate property in
1994, you may wish to use Publication 946. It city personal property tax on the car, for a total 2) Merchandise and inventory insurance.
contains a detailed discussion of MACRS and of $280. They are claiming their actual car ex-
3) Surety bonds required either by law or by
its depreciation methods. penses for 1994. Because they used the car
contract.
70% for business, they can deduct 70% of the
$280, or $196, as a business expense. 4) Car and truck insurance that covers vehi-
cles used in your business if you do not
Business Expenses Sales taxes. You cannot deduct state and lo- use the standard mileage rate to figure
cal sales tax as an itemized deduction. If you your car expenses.
The current operating costs of running your
business are known as business expenses. pay sales tax on the purchase of property, the 5) Credit insurance to cover losses from un-
These are costs you do not have to capitalize tax is treated as part of the cost of the property. paid debts. Report any proceeds from this
or include in the cost of goods sold. Therefore, if you purchase depreciable prop- insurance as ordinary income.
Business expenses must be kept separate erty for use in your business, any sales tax
6) Liability insurance that covers your liability
from personal expenses. If you have an ex- paid on the purchase is added to the basis of
for bodily injuries suffered by persons who
pense that is partly for business and partly per- the property and treated as part of the
are not your employees and for property
sonal, you can deduct only the business part. property’s cost for depreciation purposes. If
damage to others.
To be deductible, a business expense the cost of nondepreciable property is deducti-
ble as a business expense, the sales tax is 7) Use and occupancy and business inter-
must be both ordinary and necessary. An ordi-
part of the purchase price and is deductible as ruption insurance. This insurance pays
nary expense is one that is common and ac-
a business expense. you for lost profits if your business is shut
cepted in your field of business, direct selling.
You can deduct state and local sales taxes down due to a fire or other cause. Report
A necessary expense is one that is appropri-
imposed on you as the seller of goods or ser- the proceeds as ordinary income.
ate and helpful for your direct-selling business.
An expense does not have to be indispensable vices. If you collect this tax from the buyer, you
must also include the amount collected in your You generally cannot deduct the cost of life in-
to be considered necessary.
gross receipts or sales on your tax return. surance paid on your own life. However, see
This section discusses some business ex-
You cannot deduct state and local sales Chapter 5 in Publication 535 for information on
penses you might have as a direct seller. For
taxes imposed on the buyer that you are re- when life insurance premiums are deductible.
more information on business expenses, see
Publication 535. quired to collect and pay over to the state or lo-
cal government. These taxes are not included Business and personal. If you pay premiums
in gross receipts or sales nor are they a de- for insurance coverage that is both business
Salaries and Wages ductible expense. However, if the state or local and personal, you can deduct only the part that
The reasonable salaries, wages, and other government allows you to retain any part of the pays for business coverage. For example, if
forms of compensation you pay to your em- sales tax you collected, you must include that you use your car 25% in your direct-selling
ployees for their services are deductible busi- amount in your income. business and 75% for personal transportation,
ness expenses. you can deduct only 25% of your car insurance
If you are a sole proprietor, you cannot de- Fuel taxes. You can deduct any tax paid on premiums.
duct your own salary or any personal with- gasoline, diesel fuel, and other motor fuels
drawals you make from your business. You used in your business as a business expense. When to deduct. Under the cash method of
are not an employee of the business. These taxes are usually included as part of the accounting, premiums are not deductible until
For detailed discussions of salaries, cost of the fuel itself and not deducted as sep- paid. If you wait until a later tax year to pay an
wages, and other payments to employees, see arate items. insurance premium due in an earlier year, you

Page 7
cannot deduct the premium until the year you lives 50 miles away. They talk about personal under Meals and Entertainment, later,
pay it. matters. When Lydia mentions her direct-sell- and only if you can prove your expenses
Otherwise, premiums are ordinarily de- ing work, she usually says something to en- as discussed under Recordkeeping, later.
ductible only in the tax year to which they ap- courage her sister to become a direct seller
2) The expenses of maintaining your home
ply. If you make an advance payment on an in- too.
surance policy that covers more than one tax as a place of business are deductible only
Lydia’s phone calls to her sister are per-
year, you can only deduct the part that buys in- if you meet the tests discussed under
sonal and nondeductible. Their primary pur-
surance for the current tax year. You must wait Business Use of Your Home, later.
pose is not to recruit her sister as a direct
until the next year to deduct the part that buys seller, but to continue their personal
insurance for that year, and so on. relationship. Example. Barbara and Bill hold biweekly
Example. You are a direct seller. In June meetings in their home for the direct sellers
1994, you pay $1,200 in premiums for mer- who work under them. They discuss selling
Other Expenses techniques, solve business problems, and lis-
chandise insurance effective July 1994
Discussed next are other expenses you may ten to presentations by company
through June 1996 ($50 per month). You can
have as a direct seller.
deduct $300 in 1994 ($50 × 6 months), $600 in representatives.
1995 ($50 × 12 months), and $300 in 1996. Because the meetings are for business,
Business licenses. License fees and regula- Barbara and Bill can deduct 50% of the cost of
Dividends. An insurance dividend is a return tory fees paid each year to state and local gov- the food and beverages they provide. The 50%
of part of the premiums you paid. If you receive ernments are deductible business expenses. limit is explained later under Limit. They keep a
dividends from business insurance premiums copy of their grocery receipts for these refresh-
you deducted in an earlier year, you must re- Catalogs. The cost of catalogs you use in ments, and record the date, time, and busi-
port all or part of the dividend as business in- your selling business for more than one year ness nature of each meeting. Because the
come on your return. For more information, must be capitalized. The cost can then be re- meetings are held in their living room rather
see Recovery of amount deducted in Chapter covered as explained under Cost Recovery, than in a special area set aside only for busi-
1 of Publication 535. earlier. If the catalogs are useful in your selling ness, they cannot deduct any of their home ex-
business for a year or less, you can deduct penses for the meetings.
their full cost in the tax year you pay for them.
Telephone
You can deduct the cost of business telephone Journal subscriptions. If you subscribe to a
Commissions. If you must pay a bonus, per-
calls made on your own phone, including: journal for direct sellers, you can deduct the
centage, or other type of commission to direct
annual subscription fee as a business
1) Business calls on a second line. sellers working under you, you can deduct the
expense.
amount you pay. Report the full amount of any
2) Long-distance business calls on any
commissions you receive as business income,
phone. Membership fees or club dues. Beginning in
and deduct the commissions you pay out as
3) A pro-rata portion (the business part) of ordinary and necessary business expenses. 1994, you cannot deduct membership fees or
special services on any line. club dues as a business expense.
Example. Freda has her own direct-selling
4) A pro-rata portion (the business part) of business and sponsors two other direct sell-
basic local services on a second line. ers. These direct sellers report their sales to Legal and professional fees. You can de-
her each month. She in turn adds their sales to duct as a business expense professional fees,
You cannot deduct any charges (including hers and reports the total to the direct seller such as fees charged by accountants, that are
taxes) for basic local services on the first tele- who sponsored her. In March, the people directly related to your business and are ordi-
phone line in your home. working under her each had $400 in sales and nary and necessary in the operation of your
she had $500 in sales of her own. She reports business. However, if the charges include pay-
Example 1. Leo had a separate telephone
installed in his home for his direct-selling busi- to the company (or her sponsor) $1,300 ($400 ments for work of a personal nature (such as
ness. He had this phone number printed on his + $400 + $500) in monthly sales for her group making out a will), you can deduct only the part
business cards and always uses it for business even though her income is only $500. of the fee related to your business as a busi-
calls. Freda received a commission or ‘‘perform- ness expense.
Leo can deduct the full amount of his busi- ance bonus’’ for March equal to 10% of the
ness phone bill because the phone is used ex- $1,300, or $130, in sales. She reports the en- Tax return preparation fees. You can deduct
clusively for business. tire $130 as business income on her tax return. as a business expense on Schedule C (Form
Example 2. Mary and George run an ac- Freda must pay the direct sellers working 1040) the cost of preparing that part of your tax
tive direct-selling business out of their home. under her a commission of 7% on their return relating to your business as a sole pro-
For February, their phone bill was $65—$20 monthly sales of $400. She paid each of them prietor. You can deduct the remaining cost on
for basic telephone service, federal excise tax, $28 (7% of $400) for their March sales. She Schedule A (Form 1040) if you itemize your
etc., and $45 for long-distance calls. deducts the total, $56, as a business expense deductions.
The total charge for long-distance business on her tax return. You can also take a business deduction on
calls on their bill is $31. Mary and George can Schedule C for the amount you pay or incur in
deduct $31 as a business expense. Computer. If you use a computer in your di- resolving asserted tax deficiencies for your
rect sales business, you can take a section business as a sole proprietor.
Away from home. If you travel away from 179 deduction and/or depreciation if you use it
home and make a business phone call, you more than 50% in your business. For more in- Samples and promotional items. You can
can deduct the cost of the call, whether or not formation, see Listed Property in Publication deduct the cost of samples you give to your
the rest of your travel expenses are deductible. 587. customers and the cost of promotional items
such as posters. You cannot deduct the cost of
Business and personal calls. You can de- Home meetings. If you have business meet- any samples you use personally.
duct telephone expenses only for business ings in your home, you can deduct your ex-
calls. Personal calls do not become business penses for the meeting only when certain rules Service charges. You can deduct service
calls because some business is discussed. are met: charges you pay on orders for goods. The ser-
Example. Lydia is interested in sponsor- 1) The expenses of entertaining business vice charge can be a flat charge, or based on
ing others as direct sellers for her product line. associates in your home are deductible the amount you order or on the number of cus-
She often talks by phone with her sister who only if they meet the tests discussed tomers you order for.

Page 8
Supplies. You can deduct the cost of order 3) You use the storage space on a regular Transportation expenses can include train,
forms, bags, business cards, and other sup- basis. bus, cab fares, car rental fees, and the cost of
plies you use in your business. However, if you 4) The space you use is separately identifi- driving and maintaining your car for business
stock supplies to be used largely in later tax able and suitable for storage. transportation. Meals and lodging are not in-
years, you can deduct only the part of the cost cluded in transportation expenses.
for supplies you use during the current year.
If your storage space meets these tests, it
You must wait until the years you actually use Commuting expenses. You cannot deduct
does not matter whether you use it exclusively
the supplies to deduct the rest of their cost. the cost of transportation between your home
for business.
and your main or regular place of work. The
Example. Your home is the sole fixed lo-
cost of commuting is a nondeductible personal
cation for your business of selling cookware.
Business Use You regularly use half your basement for stor-
expense, no matter what the distance is or
whether work is performed during the trip. For
ing inventory and occasionally for personal
of Your Home purposes. You can deduct your expenses for
more information, see Publication 917.
Most direct sellers work out of their own homes the storage space even though this part of Example. Elaine Eden works full time as a
and have business expenses for using their your basement is not used exclusively for bank teller. She also sells cosmetics part time
homes. However, you cannot deduct any ex- business. to her co-workers at the bank. After her cus-
penses for using your home in business unless tomers select items from a catalog, she sends
you meet the use tests discussed in this Separate structures. You can deduct the ex- the orders to the cosmetics company. She de-
section. penses for a separate free-standing structure, livers the items to the bank when she receives
If you use part of your home for your trade such as a studio, garage, or barn, if you use them from the company.
or business and can deduct the expenses on the structure exclusively and regularly for busi- Elaine’s expense of delivering items is not
Schedule C (Form 1040), you must figure your ness. This structure does not have to be your deductible. Her cost of getting to the bank is a
deduction on Form 8829 and attach it to Form principal place of business or a place where commuting expense. The fact that she carries
1040. For more information, see Publication you meet clients or customers. cosmetics does not make her commuting ex-
587. For more information, including how to fig- pense a deductible business expense.
ure your deduction, see Deduction Limit in
Publication 587. Two places of work. If you work at two places
Use Tests in a day, you can deduct the expense of get-
You can take a deduction for the business use
ting from one to the other. However, if for some
of your home only if you use a specific part of it
personal reason you do not go directly from
both exclusively and regularly: Travel and one location to the other, you can deduct only
1) As the principal place of business for your
direct-selling business,
Transportation the amount it would have cost you to go di-
rectly from the first location to the second.
2) As a place where you meet or deal with Transportation refers to trips you make in the
customers or clients in the normal course area where you live and work—for example, Deductible expenses. If you use your car,
of your direct-selling business, or transportation to call on customers or make van, pickup truck, or panel truck in your busi-
deliveries in your city and its suburbs. In con- ness, see Publication 917 for information on
3) In connection with your direct-selling busi- trast, travel refers to trips you take to places how to figure your expenses for business
ness, if the structure is not attached to where you need to spend the night away from transportation.
your home. home—for example, travel to a distant city to
attend a convention.
Regular use. ‘‘Regular use’’ means that you You must be able to prove your expenses
use a specific part of your home for business
on a continuing basis. Occasional or incidental
for travel and transportation. Deductions for Meals and
travel and transportation are looked at closely
business use of part of your home does not when the IRS examines returns. For more in- Entertainment
meet the regular use test even if that part is formation, see Recordkeeping, later. Because you are in the selling business, you
used for no other purpose.
may take business associates to lunch or en-
Exclusive use. ‘‘Exclusive use’’ means that Travel tertain them. The cost can be a deductible bus-
If you travel away from home on business, you iness expense. However, there are certain
you use a specific part of your home only for
can deduct your reasonable and necessary conditions that must be met before you can
carrying on your direct-selling business. If you
travel expenses. However, you cannot deduct take a deduction for business meals and en-
use part of your home as your business office
lavish or extravagant expenses or those for tertainment. This section discusses these
and also for a study, guest room, or other per-
personal or vacation purposes. For more infor- rules. There are also certain records you must
sonal purpose, you have not met the exclusive
mation, see Publication 463. For information keep. For more information, see Recordkeep-
use test.
on deductible car expenses you incur while ing, later.
Example. You use a den in your home to
write orders and do the paperwork for your traveling, see Publication 917.
Meals. Include as meals amounts spent on
business. The den is also used by your chil-
food, beverages, and the taxes and tips on
dren to do their homework. You cannot claim Transportation those meals. Generally, no deduction is al-
any business deduction for the use of the You can deduct transportation expenses for lowed unless you or your employee is present
room. your business. Generally, business transpor- when the food or beverages are provided.
Exception. There is an exception to the tation is traveling between two or more work-
exclusive use test if you use part of your home places in the same day or between your home Entertainment. Include as entertainment any
for storing inventory. You can deduct ex- and a temporary work location. It includes trips activity generally considered to provide en-
penses from using part of your home for stor- you make in the area where you live and work tertainment, amusement, or recreation. This
ing inventory if you meet all of the following to: includes entertaining guests at nightclubs; so-
tests.
1) Call on customers. cial, athletic, and sporting clubs; theaters;
1) You keep the inventory for use in your di- sporting events; on yachts; and on hunting,
rect-selling business. 2) Make deliveries.
fishing, and vacation trips or on similar outings.
2) Your home is the only fixed location of 3) Pick up goods. It can also include meeting personal, living, or
your business. 4) Attend business meetings. family needs, such as furnishing a hotel suite

Page 9
or a car to business customers or their fami- When meals and entertainment take place claim deductions for substantial amounts of
lies. However, see Not directly related, later, on a hunting or fishing trip, or on a yacht or personal living expenses.
for more information. pleasure boat, the conduct of business is not
considered the main reason for the combined
business and entertainment, unless you show
Limit
Directly Related or otherwise. Even if you show that business was You can usually deduct only 50% of your un-
Associated the main reason, you generally cannot deduct reimbursed business-related meal and en-
To be deductible, meal and entertainment ex- expenses for the use of an entertainment facil- tertainment expenses. The 50% limit applies,
penses must be ordinary and necessary ex- ity. For more information, see Entertainment for example, to expenses you incur while trav-
penses of carrying on your direct-selling busi- facilities in Publication 463. eling away from home on business (whether
ness, and you must be able to prove them as eating alone or with others), entertaining busi-
explained later under Proving Your Deduc- ness customers at your place of business or a
Associated. You can deduct meal and en-
tions . Unless certain exceptions apply, you restaurant, or attending a business convention
tertainment expenses that do not meet the di-
must be able to show that they are: or reception. Exceptions to the 50% limit are
rectly related test if they are:
discussed in Publication 463.
1) Directly related to the active conduct of 1) Associated with your direct-selling busi- Taxes and tips related to a meal or en-
your business, or ness, and tertainment activity are included in the amount
2) Associated with the active conduct of your 2) The meal or entertainment is directly subject to the 50% limit. Expenses such as
business. before or after a substantial business cover charges to a nightclub, rent for a room
discussion. where you hold a dinner or cocktail party, or
For more information, see Exceptions to the the amount paid for parking at a sports arena
50% Limit in Chapter 2 of Publication 463. A meal or entertainment expense is generally are subject to the 50% limit. However, the cost
associated with your direct-selling business if of transportation to and from a business meal
you can show that you had a clear business or entertainment activity that is otherwise al-
Directly related. For meal and entertainment
purpose for the expense. The purpose may be lowable is not subject to the 50% limit.
expenses to meet the directly related test, you
to get new business or to encourage the con- If you pay or have an expense for goods
must show that:
tinuation of an existing business relationship. and services consisting of meals, entertain-
1) You had more than a general expectation ment, and other services (such as lodging or
of getting income or some other specific transportation), you must make a reasonable
Substantial business discussion. Whether
business benefit from the expense. allocation of that expense between the cost of
a business discussion is substantial depends
2) You engaged in business with the person on all the facts in each case. You must show meals and entertainment and the cost of other
during the meal or entertainment period. that you actively engaged in a discussion, services. For example, you must make an allo-
meeting, negotiation, or other business trans- cation if a hotel includes one or more meals in
3) The main purpose of the combined busi- its room charge.
ness and meal or entertainment was the action to get income for your business or other
specific business benefit. Apply the 50% limit after determining the
active conduct of business. amount that would otherwise qualify for a de-
The meeting does not have to be for a
specified length of time. However, you must duction. First determine the amount of meal
You are not required to show that business in- and entertainment expenses that would be de-
show that the business discussion was sub-
come or another business benefit actually ductible under the rules discussed earlier.
stantial in relation to the meal or entertain-
resulted. Then apply the 50% limit to determine the de-
ment. It is not necessary to devote more time
It is not necessary to devote more time to ductible amount.
to business than to the meal or entertainment,
business than to the meal or entertainment.
and you do not have to discuss business dur- Example. You spend $100 for a business-
However, if the business discussion is only in-
ing the meal or entertainment. related meal. If $40 of that amount is not allow-
cidental to the meal or entertainment, it does
able because it is lavish and extravagant, the
not qualify as directly related.
Business and nonbusiness guests. You remaining $60 is subject to the 50% limit.
Example. You are a direct seller of must divide your entertainment expenses be- Therefore, you cannot deduct more than $30
women’s cosmetics. A state women’s organi- tween business and nonbusiness expenses. (50% of $60).
zation is holding its annual convention in a lo- You can deduct only the business part. For ex-
cal hotel and you decide to display your prod- ample, if you entertain a group of 11 (including
ucts in a hospitality room in the hotel. You also yourself) —three business prospects and
provide entertainment and give out product seven social guests —you can deduct only Business Gifts
samples. You can deduct the cost of the hospi- four-elevenths of the expense. Giving prizes, awards, and gifts may be an or-
tality room and entertainment provided. dinary and necessary part of doing business
Expenses for spouses. You cannot deduct as a direct seller. In each of the three situa-
Not directly related. Generally, expenses the cost of meals or entertainment for your tions illustrated below, you can deduct the cost
are not directly related if there is little or no spouse or the spouse of a business associate, as a business expense.
possibility that you will actively conduct busi- unless you can show a clear business purpose
ness. Examples are: for providing the meal or entertainment. Situation 1. You do your direct selling on the
1) Meetings at nightclubs, theaters, or sport- sales party plan. As an incentive for people to
ing events. Lavish or extravagant expenses. You can- host your parties, you offer them a variety of
not deduct expenses for meals and entertain- gifts. The choice of gift depends on the suc-
2) Meetings at essentially social gatherings,
ment to the extent they are lavish or extrava- cess of the party—the higher the volume of
such as cocktail parties.
gant. An expense is not considered lavish or sales, the more valuable the gift.
3) Meetings with a group that includes peo- extravagant if it is reasonable considering the In this situation, your ‘‘gift’’ to the host or
ple who are not business associates at a facts and circumstances. Expenses will not be hostess is actually payment for hosting the
place such as a cocktail lounge, country disallowed merely because they are more than party and the fair market value of the ‘‘gift’’
club, athletic club, or resort. a fixed dollar amount or take place at a deluxe should be reported as income by the host or
restaurant, hotel, nightclub, or resort. hostess.
You may prove that the meal or entertainment You can deduct the cost of the gift. If you
is directly related by showing that you did have Your meals. You can generally deduct the give hosts and hostesses items from your in-
a substantial business discussion during the cost of your own meals while entertaining for ventory or items you purchase from the com-
meal or entertainment. business purposes, as long as you do not pany along with goods you sell, their cost will

Page 10
be included in the cost of goods sold. You can- value is substantial in relation to the value of 4) Whether your losses are due to circum-
not deduct their cost again as a business ex- the fruit. stances beyond your control (or are nor-
pense. However, if you purchase the gifts sep- mal in the start-up phase of direct selling).
arately from the goods you sell, deduct their Exceptions. The following items are not con- 5) Whether you change your methods of op-
cost as an ordinary and necessary business sidered gifts subject to the $25 limit: eration in an attempt to improve
expense. profitability.
1) Items that cost $4 or less, on which your
business name is clearly and permanently 6) Whether you, or your advisors, have the
Situation 2. You have several direct sellers
imprinted, and which are part of a number knowledge needed to carry on direct sell-
working under you. Because your income de-
of identical items you widely distribute. ing as a successful business.
pends in part on their sales, you regularly meet
with them, encourage them, and provide them This includes such items as pens, desk 7) Whether you were successful in making a
with incentives and support. As an incentive to sets, and plastic bags and cases. profit in similar activities in the past.
make sales, you sometimes offer a prize— 2) Signs, display racks, or other promotional 8) Whether your direct selling makes a profit
such as an evening on the town or tickets to a material to be used on the business prem- in some years, and how much profit it
sports event—to the person who sells the most ises of the recipient. makes.
during the month.
3) ‘‘Gifts’’ that must be included in the in-
In this situation, the prizes you give are ac- Your direct selling is presumed carried on for
come of the recipient.
tually payments for the winners’ selling efforts. profit if it produced a profit in at least 3 of the
You can deduct the cost of the prizes as ordi- last 5 tax years, including the current year, un-
nary and necessary business expenses. The Gift or entertainment. Any item that might be
less the IRS establishes to the contrary.
direct sellers who receive your incentive prizes considered either a gift or entertainment will
If you are starting a business and do not
must report them as income at their fair market generally be considered entertainment and,
have 3 years showing a profit, you may want to
value. For more information, see Other In- therefore, not be subject to the $25 limit. How-
take advantage of this presumption at a later
come, earlier. ever, if you give a customer packaged food or
time, after you have the 5 years of experience
beverages to be used later, they are gifts. allowed by the test. For more information, see
Situation 3. You sell cosmetics door-to-door. If you provide business associates with Publication 535.
To spur sales, you often give away small tickets to a theater performance or a sporting
samples. event, and you do not accompany them, you
In this situation, you can deduct the cost of may treat the tickets as either a gift or en-
the samples. If you include the samples in your tertainment, whichever is to your advantage. Recordkeeping
inventory, their cost will already be figured into However, if you go to the event with them, treat You must keep records to correctly figure your
the cost of goods sold. If you purchase sam- the cost of the tickets as an entertainment taxes. Your records must be permanent, accu-
ples separately from the products you sell, you expense. rate, complete, and clearly establish your in-
can deduct their cost as an ordinary and nec- come, deductions, and credits. The law does
essary business expense. not require you to keep records in any particu-
Do not deduct the cost of the same item
twice. If the item was included in inventory, you Not-for-Profit Limit lar way. But if you have more than one busi-
ness, you should keep a complete and sepa-
cannot deduct it as a business expense. The If you do not carry on your direct-selling activity rate set of books and records for each
item will already be a part of the cost of goods to make a profit, it is not considered a busi- business.
sold. ness. Therefore, the deductions you can take Publication 583 provides information about
for direct selling are limited to the amount of in- setting up a recordkeeping system, the types
Gift limit. Do not deduct more than $25 for come you earn from it. You cannot use a loss of books and records included in a typical sys-
business gifts to any one person during the from direct selling to offset any other income tem for a small business, sample records, and
year (see the exceptions discussed later). You you have. filled-in forms.
can deduct only gifts that are directly related to This limit applies, for example, if you go Publication 917 provides information on
your business. Personal gifts are not into direct selling primarily for the business tax the records to keep if you use your car in your
deductible. deductions you can take. It also applies if you business.
become a direct seller only to allow you and The following are suggestions for keeping
Figuring the limit. A gift to the spouse of a your friends to buy products at reduced rates. adequate business records. For more informa-
person with whom you are doing business is If the not-for-profit limit applies, you must tion, see Publication 583.
considered a gift to that person. However, if take the deductions allowed on Schedule A • Keep a business bank account. You
you have independent business connections (Form 1040). See Limit on Deductions and should deposit all business receipts in a
with both spouses, a gift to one spouse is gen-
Losses under Not-for-Profit Activities in Chap- separate bank account. You should also
erally not considered a gift to the other. It will,
ter 1 of Publication 535 for information on how make all payments by check, if possible.
however, be considered an indirect gift to the
to figure your allowable deductions. Do not use Then both business income and business
other spouse if it is intended for that spouse’s
a business tax return, such as Schedule C expenses will be well documented.
eventual use or benefit. These rules also apply
(Form 1040). • Make a record. Record all your business
to gifts you give to any other family member.
If you and your spouse both give gifts, both transactions in separate account books. It is
Not for profit. In determining whether your di- helpful to keep a monthly summary of your
of you are treated as one taxpayer. It does not
matter whether you have separate businesses rect selling is carried on for profit, all of the business income and expenses.
or independent connections with the recipient. facts in regard to the activity are taken into ac-
• Support your entries. Canceled checks,
count. No one factor alone is decisive. Among
paid bills, duplicate deposit slips, and other
the factors to be considered are:
Incidental cost. Costs that do not add sub- items that support entries in your books
stantial value to a gift, such as engraving on 1) Whether you carry on your direct selling in should be filed in an orderly manner and
jewelry, packaging, insuring, and mailing, are a businesslike manner. stored in a safe place.
generally not included in determining the cost 2) Whether the time and effort you put into If you cannot provide a canceled check to
of a gift for purposes of the $25 limit. For exam- prove payment of an expense item, you may
direct selling indicate that you intend to
ple, the cost of gift wrapping is considered an be able to prove it with certain financial ac-
make it profitable.
incidental cost. However, the purchase of an count statements. These statements must
ornamental basket for packaging fruit is not 3) Whether you are depending on income show either a check clearing or a credit card
considered an incidental cost if the basket’s from direct selling for your livelihood. charge. If the account statement shows a

Page 11
check clearing, it must indicate the check their names, titles, or other information You do not have to record information in
number, amount, payee name, and the date sufficient to establish their business rela- your account book that duplicates information
the check amount was posted to the ac- tionship to you. shown on a receipt as long as your records
count. If the account statement shows a 5) The business reason for the entertain- and receipts complement each other in an or-
credit card charge, it must indicate the ment, or the business benefit you gained derly manner.
amount charged, payee name, and the date or expected to gain from it, and the nature Keep your records up to date. Record your
charged. of any business discussion or activity that expenses in your account book at or near the
However, proof of payment alone does took place. time of the expense. Entries made later, when
not establish that you are entitled to a tax de- you may not remember them accurately, do
duction. You should also keep other docu- 6) The presence of you or your employee at not have as much value as entries made at or
ments as discussed in Proving Your Deduc- a business meal given for a client. near the time of the expense.
tions, later.
Business discussion. If the entertainment Separating expenses. Usually, each sepa-
• Retain your records. You must keep your
took place before or after a substantial and rate payment you make must be recorded as a
business books and records available at all
bona fide business discussion, in addition to separate expense. For example, if you enter-
times for inspection by the IRS. The records
the information in (1), (2), (3), (4), and (6) tain someone at dinner and then go to the the-
must be kept as long as they may be needed
above, you must be able to prove: ater, the dinner expense and the cost of the
in the administration of any Internal Reve-
nue law. You should also keep copies of 1) The date, place, and duration of the busi- theater tickets are separate expenses. You
your tax returns to help prepare future re- ness discussion. must record them separately in your records.
turns or file claims for refunds. Expenses of a similar nature occurring dur-
2) The nature of the business discussion. ing the course of a single event will be consid-
3) The business reason for the meal or en- ered a single expense. For example, if during
tertainment, or the business benefit you entertainment at a cocktail lounge you pay
Proving Your Deductions gained or expected to gain from separately for each serving of refreshments,
The IRS may ask you to prove your deductions entertaining. the total expense for the refreshments is
for business expenses. treated as a single expense.
4) The identification of the people who par-
Some items can be totaled in categories.
ticipated in both the business discussion
Travel Expenses and the entertainment activity.
You can make one daily entry for such catego-
For travel expenses, you must be able to ries as taxi fares, telephone calls away from
prove: home, gas and oil, and other incidental travel
Business relationship. If you entertain a costs. Meals should be a separate category.
1) Each separate amount you spent for readily identifiable group of people, you do not Include tips with the costs of the services you
travel away from home, such as the cost have to record the name of each person. It is received.
of your transportation or lodging. A re- enough to designate the group. For example, if
ceipt, bill, or other documentary evidence you entertain all the members of a garden Documentary evidence. A receipt is ordina-
is generally required for all lodging ex- club, an entry such as ‘‘members of the Hill- rily the best evidence to prove the amount of
penses. You can total the daily cost of crest Garden Club’’ is enough. an expense. A receipt, bill, or other documen-
your breakfast, lunch, dinner, and other
tary evidence is required for all your lodging
incidental travel costs if they are listed in Gift Expenses expenses unless, under an accountable plan,
reasonable categories, such as meals, For gift expenses, you must be able to prove: your employer pays you a per diem reimburse-
gas and oil, and taxi fares.
1) The cost of the gift. ment of no more than the government rate in
2) The dates you left and returned home for effect at that time and in that area. It is also
each trip, and the number of days spent 2) The date you gave the gift. generally required for any other expense of
on business while traveling away from 3) A description of the gift. $25 or more.
home. Documentary evidence will ordinarily be
4) Your reason for giving the gift or any busi-
3) The destination or area of your travel, de- considered adequate if it shows the amount,
ness benefit you gained (or expected to
scribed by the name of the city or town. date, place, and essential character of the ex-
gain) from giving it.
pense. For example, a hotel receipt is enough
4) The business reasons for your travel or 5) The occupation or other information about to support expenses for business travel if it has
the business benefit you gained or ex- the person receiving the gift, including the name and location of the hotel, the dates
pected to gain from it. name, title, or other information establish- you stayed there, and separate amounts for
ing a business relationship to you. charges such as lodging, meals, and tele-
phone. A restaurant receipt is enough to prove
Entertainment Expenses The name of the recipient of a business gift an expense for a business meal if it has the
For entertainment expenses, including en- does not always have to be recorded. A gen- name and location of the restaurant, the num-
tertainment-related meals, you must be able to eral listing will be enough if it is evident that ber of people served, and the date and amount
prove: you are not trying to avoid the $25 annual limit of the expense. If a charge is made for items
1) The amount of each separate entertain- on the amount you can deduct for gifts to any other than meals and beverages, the receipt
ment expense. Incidental expenses, such one person. For example, if you buy a large must show that this is the case.
as taxi fares and telephone calls, may be number of tickets to local high school basket- Canceled check. A canceled check, to-
totaled on a daily basis. ball games and give one or two tickets to each gether with a bill from the payee, ordinarily es-
of a number of customers, it is usually enough tablishes the cost. However, a canceled check
2) The date the entertainment or meal took to record a general description of the by itself does not prove a business expense
place. recipients. without other evidence to show that it was for a
3) The name (if any) and the address or lo- business purpose.
cation of the place you went. Include the Records
type of entertainment, such as dinner or You should keep the proof you need for your Incomplete records. If you do not have ade-
theater, if the information is not clear from travel, meal, entertainment, and gift expenses quate records to prove an element of an ex-
the name or designation of the place. in an account book, diary, statement of ex- pense, you must prove the element by:
4) The occupation or other information about pense, or similar record supported by ade- 1) Your own statement, whether written or
the people for whom you are claiming a quate documentary evidence that together will oral, containing specific information about
meal or entertainment expense. Include support each element of an expense. the element, and

Page 12
2) Other supporting evidence that is suffi- Line 4. Kathleen uses Part III to figure her cost does not use any part of her home exclusively
cient to establish the element. of goods sold for the year. She has no inven- for business.
tory at the beginning or end of the year. There-
Additional proof. The IRS may require addi- fore, she has no entry on line 33 or line 39 of Line 27. This line is for other direct-selling ex-
tional information to clarify or establish the ac- Part III. She purchased $10,000 worth of penses not listed separately on the schedule.
curacy or reliability of information contained in household products during 1994 for $9,490. These other expenses are listed in Part V on
your records, statements, testimony, or docu- (She received trade discounts of $510.) She page 2. Kathleen paid $35 to her bank for
mentary evidence. would then enter her net cost of $9,490 check printing and account charges for her
($10,000 − $510) on line 34. She also enters separate business bank account. She paid
this amount on lines 38 and 40 of Part III and
$30 to a local business association and $38 for
on line 4 of Part I.
a one-year subscription to a retail sales maga-
Sample Filled-In Forms zine. She enters these expenses, along with
Line 5. Gross profit, $5,110, is the difference
This section will familiarize you with Schedule the $199 she paid for catalogs, in Part V. She
between Kathleen’s net receipts of $14,600 on
C (Form 1040), used to report business in- totals the expenses, $302, on line 46 and en-
line 3 and the cost of goods sold of $9,490 on
come or loss, and Schedule SE (Form 1040), ters the total on line 27.
line 4.
used to figure self-employment tax. The line
numbers in bold type, below, follow the line Line 28. Kathleen adds all her business de-
Line 6. Kathleen reports the $200 received as
numbers on the form being discussed. a bonus on line 6. She does not include on ductions listed on lines 8 through 27 and en-
Schedule C any income not related to her di- ters the total of $3,000 on this line.
Schedule C rect-selling business, such as income from in-
If you are the sole owner of an unincorporated vestments or her salary. She reports this in- Line 29. Kathleen subtracts her total deduc-
trade or business, you must report business in- come on other lines of Form 1040. tions on line 28 from her Schedule C gross in-
come and expenses on Schedule C or C–EZ come on line 7. Because her gross business
(Form 1040). If you own more than one busi- Line 7. Kathleen’s gross income from direct income is greater than her total deductions,
ness, or if you and your spouse have separate selling is $5,310, the sum of her gross profit of she has a tentative profit of $2,310.
businesses, you must file a separate Schedule $5,110 on line 5 and the bonus of $200 on line
C or C–EZ for each one. 6. Line 30. Kathleen did not use any part of her
Samples of Schedule C and Schedule SE home for business so she does not make an
for Kathleen Woods, are illustrated on the fol- Line 8. Kathleen gave her customers samples entry here.
lowing pages. (Amounts have been rounded to which cost $48. This amount was not included
the nearest dollar.) in the cost of goods sold on line 4.
Line 31. Kathleen has a net profit of $2,310
Kathleen Woods is a secretary for a small (line 30 from line 29). She enters her net profit
firm. She reports her salary of $15,000 on line Line 10. Kathleen’s actual business mileage
here, on line 12 of Form 1040, and on line 2,
was 2,100 in 1994 and the total mileage in
7 of Form 1040. Section A of Schedule SE (Form 1040).
1994 of her 1993 passenger car was 6,000
Kathleen is also a direct seller of household
miles. She used her car 35% for business. She
cleaning products manufactured and distrib- Line 32. Kathleen does not have a loss, so
uses the standard mileage rate to figure the
uted by Spotless, Inc. She reports the income she skips this line. If she had a loss and was
deduction of $609 (2,100 × .29).
and expenses of her selling business on not ‘‘at risk’’ for all her investment in the busi-
Kathleen must also complete Part IV of
Schedule C because she is self-employed. ness, she would have to attach Form 6198.
Schedule C.
Kathleen uses the cash method of ac- See the Schedule C instructions for the mean-
counting and files her return on a calendar- ing of ‘‘at risk.’’
Line 16b. This is 35% of the total interest of
year basis. She has no employees and does $800 paid during the year on Kathleen’s car
not keep an inventory of the products she loan.
sells. Any products ordered for personal use Short Schedule SE
are not shown in purchases, sales, cost of Kathleen uses Short Schedule SE (Form
Line 18. Kathleen spent $260 for various of-
goods sold, or inventory. fice supplies and postage for her direct-selling 1040), because her net earnings from self-em-
Kathleen’s customers select the products business. ployment are more than $400 and the total of
they want from a catalog listing retail prices for her net earnings plus her wages subject to so-
each item. She places an order with Spotless Line 22. Kathleen paid $392 in 1994 for order cial security and Medicare taxes (FICA) are
every 10 days, at which time she also pays for blanks, bags, and miscellaneous selling less than $60,600.
her prior order. She receives the items ordered supplies.
with an invoice payable within 10 days or, if Line 2. Kathleen enters $2,310, the amount
sooner, with the next order. When she delivers Line 23. This is 35% of the personal property from line 31 of Schedule C (Form 1040).
the merchandise, she collects the retail (cata- tax of $480 Kathleen paid on her car in 1994.
log) price for each item. She can get full credit Line 3. Kathleen enters the amount from line
for any items returned to Spotless within 10 Line 24. Kathleen attended two direct-selling 2, $2,310.
days. seminars during 1994. Her travel expenses,
Kathleen’s cost for each item is 65% of the including lodging, were $515, which she en- Line 4. Kathleen multiplies her net profit by
retail price. During 1994, she had total retail tered on line 24a. Her meals and entertain- .9235 and enters this amount, $2,133.
sales of $14,600. She paid Spotless $9,490 for ment, subject to the 50% limit, were $200 and
the merchandise she received in 1994. She were entered on line 24b. The limit of $100 is
also received an award of $200 in January for Line 5. Kathleen multiplies $2,133 (line 4) by
shown on line 24c and the net deduction of
having over $20,000 in total sales in 1993. .153 and enters $326 as her self-employment
$100 is shown on line 24d.
tax. She also enters this amount on line 47 of
Lines 1–3. Kathleen reports $14,600 as her Line 25. Kathleen uses her second telephone Form 1040.
gross sales on line 1. On line 2, she would 100% for business purposes. She paid $264
enter any refunds she had to give on merchan- for local service on her second phone installed Line 6. Kathleen enters one-half of the
dise, as well as adjustments made to custom- for her business and $62 for long-distance amount from line 5. She also enters this
ers’ purchases. Since she has no entry on line calls. She enters the total of $326 on this line. amount on line 25 of Form 1040 as an adjust-
2 she enters $14,600 on Line 3. She has no deduction for utilities because she ment to income.

Page 13
556—Examination of Returns, Appeal Form 940—Employer’s Annual Federal
Tax Publications Rights, and Claims for Refund Unemployment (FUTA) Tax Return
Listed below are the numbers and titles of ad-
Form 941—Employer’s Quarterly Federal
ditional IRS tax publications that might be of in-
Tax Return
terest to direct sellers. A full list can be found in
Publication 910, Guide to Free Tax Services. Tax Forms Form 1099–MISC—Miscellaneous Income
17—Your Federal Income Tax Listed below are income tax forms used fre-
334—Tax Guide for Small Business quently by direct sellers. For a list of forms Form 4562—Depreciation and
used by individuals, see the Form 1040 Amortization
509—Tax Calendars for 1995
Instructions.
526—Charitable Contributions
Schedule C (Form 1040)—Profit or Loss
529—Miscellaneous Deductions From Business Schedule C (Form 1040), page 1 for Kathleen
534—Depreciation Woods
Schedule C–EZ (Form 1040)—Net Profit Schedule C (Form 1040), page 2 for Kathleen
544—Sales and Other Dispositions From Business Woods
of Assets Schedule SE (Form 1040)—Self-Employ- Schedule SE (Form 1040), page 1 for Kath-
551—Basis of Assets ment Tax leen Woods

Page 14
Page 15
Page 16
Page 17
Index

Page 18

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