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Category Archives: All things Legal

Barnes and Noble’s Dirty Little Secret: Author Solutions and Nook Press

ebooksinternational:


Author Beware:  Notorious AUTHOR SOLUTIONS increased future revenue by closing a deal with … You won’t believe it: Nook Press / Barnes & Noble! who offer now Print-on-Demand services through Author Solutions.
David Gauthran explains one of the most frightening points for authors, who sell their books through Barnes & Noble – even if they don’t use any of the POD services:
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“If you think you are safe because you have never used Nook Press Author Services, and don’t plan to, I am afraid that’s not the case. I am not a lawyer, but under my reading of the terms of the Nook Press Privacy Policy, Barnes & Noble already has the right to share the personal information of all Nook Press users with third party suppliers like Author Solutions.”
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Read the whole story (peppered with documents for proof) at David’s blog, including responses of writers – and after please, do share it, re-blog it, and spread the word so that all authors get informed and be warned about this new scam. Many authors already pulled their books from B&N… as one can see on the many comments to blog articles regarding Author Solutions and Barnes & Noble.
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“Dear Barnes & Noble:
Why on earth contracting with Author Solutions?  And trick authors?  Why not making money from selling books – instead of making money from selling (often useless) services at inflated prices to AUTHORS?  And even giving personal data about authors – who commission their books on your online platform – to Author Solutions?”
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A BIG thanks to David Gaughran, who works hard,
investigates and helps everyone in the writing community
to stay away from these unethical practices.
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Originally posted on David Gaughran:

NookPressAuthorSolutionsNook Press – Barnes & Noble’s self-publishing platform – launched a selection of author services last October including editing, cover design, and (limited) print-on-demand.

Immediate speculation surrounded who exactly was providing these services, with many – including Nate Hoffelder, Passive Guy, and myself – speculating it could be Author Solutions. However, there was no proof.

Until now.

A source at Penguin Random House has provided me with a document which shows that Author Solutions is secretly operating Nook Press Author Services. The following screenshot is taken from the agreement between Barnes & Noble and writers using the service.

NookPressAuthorServicesBloomingtonopt

You will see that the postal address highlighted above for physical submission of manuscripts is “Nook Press Author Services, 1663 Liberty Drive, Bloomington, Indiana.”

Author Solutions, Bloomington, Indiana. Image courtesy of Wikimedia, uploaded by Vmenkov, CC BY-SA 3.0 Author Solutions, Bloomington, IN. Image from Wikimedia, by Vmenkov, CC BY-SA 3.0

There’s something else located at that address: Author Solutions US headquarters in Bloomington…

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Posted by on March 3, 2015 in All things Legal

 

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The Traps in Publishing Contracts

ebooksinternational:

The key to a good publishing contract is clarity. For authors, it is helpful to keep in mind that most contracts are not take-it-or-leave-it propositions. Be courteous. Be tactful. Knowing what to ask for is critical. Use an agent or attorney who understands the parameters of the typical publishing deal to negotiate your contract. Working through an agent or attorney allows the author to preserve his creative relationship with the editor or publishing house, explains Attorney Lloyd J. Jassin on his website.

 

Originally posted on Savvy Writers & e-Books online:

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Traps-in-Publishing-Contracts
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Traditional Publishing Contracts – Part Two of a Series 

There should be a large neon sign that says: NEVER, NEVER, NEVER sign a contract without having your contract lawyer going over it and explaining it to you in detail – sentence for sentence. The contract clauses described here in this blog post are the “norm” in publishing. It is difficult to see how your publishing agreement will play out in the long term, what you sign today could have profound, long term consequences.

Contract attorney Ivan Hoffman explains in his blog:
“In the US, many contracts that consumers commonly sign, such as for mortgage or auto loans or to
obtain a credit card, are subject to statutory requirements for fairness, clarity, etc.  If some of the clauses and drafting techniques commonly included in publishing contracts used by publishers were found in consumer contracts, those provisions would be…

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Less than Minimum Wage for Authors?

ebooksinternational:

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Are you thinking about approaching an agent or publisher for your next book? Do you know what clauses publishing contracts usually contain? How do you read a publishing contract? What your income will be – compared to author-publishing? This blog post and the following two will help you to “take the con out of the work con-tract”.

Wikipedia explains: “A publishing contract is a legal contract between a publisher and a writer or author, to publish written material by the writer or author. This may involve a single written work, or a series of works.” And as with every legal contract, authors are faring better when consulting a lawyer that is specialized in publishing contracts – BEFORE – they sign it.  

 

Originally posted on Savvy Writers & e-Books online:

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Justicia Justicia

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Traditional Publishing Contracts – Part One of a Series

You might remember an article How Harlequin Publishing Deceives Their Authors from last summer in this blog, about the planned class action suit against the publisher. Today I stumbled about a sequel of J.A. Konrath’s blog: Harlekin Fail, Part 2, where he explains the contract practices of the trade publishers in general, and how they deceive their authors. From today on we will look more closely into these practices.
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When offered the opportunity to publish traditionally, about two-thirds of self-published authors are interested. The supposed prestige of a traditional publisher, the wide distribution a publisher can generate and help with marketing, are the reasons, cited in surveys.
However the perception of traditional publishing is often not up to date in public, as the way of book marketing (and the whole traditional publishing business) has totally…

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It’s this Time of the Year

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Income-Tax

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Benjamin Franklin said that “nothing is certain but death and taxes.”  It’s that time of the year again when we all must sit down and face the reality of just how much we did or did not earn during the last twelve months. Many writers are not aware of how they should be reporting certain income to get the greatest benefit.  Writers can get away with business tax deductions that ordinary people can’t get away with. Michael N. Marcus wrote a great article and showed samples of “tax avoidance”:
“If you are an author or a journalist, the key to creative tax avoidance is to write about things you like.”

 

  • If you like to travel, write about travel, and then deduct the cost of traveling.
  • If you like cars, rent some really cool cars, and write about them.
  • If you like to eat—and who doesn’t?—go to lots of restaurants, attend cooking schools, stock your pantry, and write about food.

Read his whole blog article here:  It’s Time to Think About Taxes

 

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Writers are presumed to be a professional if their writing made a profit in at least three out of the last five tax years, including the current year. Which means:  Not more than two years of expenses that are higher than the author income. Profits from your writing cannot be used to offset other income for tax purposes, such as a day job or other means of income, if you have more than two years of losses.

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Considerations of Profitability
There are a couple of other considerations that revenue agencies, such as the IRS, are listing, for example:

  • Have you made a profit in similar activities in the past? If you have a successful book under your belt — or even a series of articles in paid publications, such as newspapers, magazines or online publications, which can be a predictor that you are a professional writer.
  • Do you have the knowledge needed to carry on the activity as a successful business? How much do you know about running that business? Are you running it like a business, keeping records, keeping an eye to profitability? Did you take classes/seminars about the publishing business (e.g. marketing or tax etc.) no matter if online or offline?
  • Have you created a professional book marketing and publicity plan? This might even be shown by including affiliate programs on your website/blog. If there are losses, are they due to circumstances beyond your control or did they occur in the start-up phase of the business?

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Expenses You Can Deduct
Always try to pay from a separate account, set up for your writing business, to make book keeping easier. Keep receipts or / make copies of payments to contractors, freelancers and agency fees for book production, such as:

  • Proofreading
  • Editing
  • Illustrations
  • Photos
  • Graphic Design
  • Book Layout
  • Printing costs
  • eBook Formatting
  • Advanced Copy reviews
  • Book Trailer Design
    .

Book Promotion Costs, e.g.:

  • Advertisements, online and offline
  • Giveaways (free books, review copies, pens etc.)
  • Flyers, brochures, business cards, book marks
  • Book Fair expenses
  • Costs for newsletters (AWeber, MailChimp etc.)
  • Entry fee for writing contests
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Other costs, such as:

  • Transportation costs (note the dates, distance, reason)
  • Rental for book readings
  • Office rental or mortgage, heating, electricity for your home office by square feet
  • Phone / Internet / e-Reader costs
  • Website / blog costs, such as hosting or development
  • Office Supplies
  • Meal expenses: in the USA full for public events you might host, and 50% if it is for a business purpose (interview, writers conference, meeting with book professionals, publishers, agents etc.)
  • Transportation to meetings, events
  • Research costs
  • Copyright registration and ISBN fees
  • Your tax preparer or tax lawyer.
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Keep all your expense slips sorted by date and neatly filed to make it easier to find them
If you pay anyone of the above listed more than a couple of hundred dollars, you would need to include the contract and a form (in the United States it is IRS Form 1099-MISC). Note for each meal/entertainment expense the names, number of people participating and reason for meeting).

Further Reading:
http://www.freelancetaxation.com/deductions-writers
http://www.bus.lsu.edu/accounting/faculty/lcrumbley/tax_aspects.html

Disclaimer: These tips are meant to give general insight into tax information to writers, especially in the USA, and to give you an entry point so you can research further. While every effort was made to ensure the information in this article is accurate at the time it was written, we are not tax experts. Anyone filing taxes should consult a qualified tax prepare r for updated tax laws and further specifics on how these rules might apply to your individual tax situation.

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If you would like to get help in all things publishing, have your book intensively promoted and learn how to navigate social media sites: We offer all this and more for only $159 for 3 months! Learn more about this individual book marketing help: http://www.111Publishing.com/Seminars
Or visit http://www.e-book-pr.com/book-promo/ to advertise your new book, specials or your KDP Select Free Days.

Please check out all previous posts of this blog (there are more than 1.070 of them : ) if you haven’t already. Why not sign up to receive them regularly by email? Just click on “Follow” in the upper line on each page – and then on “LIKE” next to it. There is also the “SHARE” button underneath each article where you can submit the article to Pinterest, Google+, Twitter, Facebook, Tumblr and StumpleUpon.

Thanks a lot for following:

@111publishing

http://www.111publishing.com

http://www.e-Book-PR.com/

http://www.international-ebooks.com/

http://bit.ly/VmtVAS 111Publishing @ Google+

 

 

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9 Tips Where & How to Query to Literary Agents

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Literary-Agents-NY
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A typical literary agency receives close to 5,000 unsolicited query letters/book proposals per year – or approx. 150 per working day. On average these agents accept only 10-12 new clients – only one out of every 500 submissions… Do you want to learn how to write a query, and how to approach the agent?
Do you want to get to know more about the person before hand – after all, she or he will be your partner for a long time?  My best advice: Read their blogs to get informed about the process and find out more about how they work and what they are like before you approach them. And have a “business plan” for your book ready: Who will be your readers, who is your competition and how will you market your book. You will be asked for this! Here are some examples of questions you might be asked.
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Rachelle Gardner Rachelle Gardner is an agent with Books and Such Literary Agency, representing both fiction and non-fiction. She offers query tips and book proposal advice.
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Nathan Bransford Nathan Bransford knows a lot about writing and publishing, and offers in his blog advice on: How to Find a Literary Agent, How to Write a Query Letter, The Basic Query Letter Formula, Examples of Good Queries, How to Format Your Query Letter …
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Agent Research Ask them about an agent and they will tell you if he or she has established a public record, and if we have had any negative reports on the agent’s business practices. This service is free.
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Agent Query Agent Query offers the largest and most current searchable database of literary agents on the web—a treasure trove of reputable, established literary agents seeking writers.
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BookEnds Agency BookEnds, LLC, is a literary agency focusing on fiction and nonfiction books for adult audiences. In their workshop Wednesdays everyone can post queries out there and will get comments open, also to anonymous posters.
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Nelson Newsletter Kristin Nelsons blog is a-must-read for every author about to send out a query. Subscribe to the Nelson Literary Agency newsletter.
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Query Shark Send your query in for critique. A wealth of resources and Janet Reid shares them all, she also dissects queries, posting lots of examples what writers are doing right – and wrong!
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Query Wednesday Gabriela Lessa, a Brazilian editor, writer, literary agent assistant and journalist helps you with your query. Have your query analyzed on QUERY WEDNESDAY.
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Call My Agent!
In which a literary agent in Sydney, Australia attempts to decode the world of publishing in order to assist writers. And sometimes to get things off her chest.

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Resources and More Blogs About Literary Agents:
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What Literary Agents Want to Know From You
https://savvybookwriters.wordpress.com/2012/04/01/what-literary-agents-want-to-know-from-you/
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How Agents work and How to work with Agents
https://savvybookwriters.wordpress.com/2011/04/12/how-agents-work-how-to-work-with-agents/ .
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Must-Read Blog to learn more about agents and how to approach them
http://www.writersdigest.com/editor-blogs/guide-to-literary-agents
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http://www.writersdigest.com/editor-blogs/guide-to-literary-agents
How to Write a Query Letter
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https://savvybookwriters.wordpress.com/2014/01/06/5-tips-for-successful-book-submissions/
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100’s of Links to Publishers and Agents
https://savvybookwriters.wordpress.com/2012/10/10/100s-of-links-to-publishers-and-agents/
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Which Literary Agent is Right for You?
https://savvybookwriters.wordpress.com/2012/03/07/which-literary-agent-is-right-for-you/
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Association of Author’s Representatives (lists agents)
http://aaronline.org/

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For more agent blogs go to the absolutewrite forum: 

http://absolutewrite.com/forums/showthread.php?t=37784
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When you check out the agent, you’ll want to contact “Writer Beware
Visit often and get the latest alerts from WRITER BEWARE:
http://www.sfwa.org/for-authors/writer-beware/alerts/
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If you would like to get more support in all things publishing, have your book intensively promoted and learn how to navigate social media sites – or to learn how you can make yourself a name as an author through content writing: We offer all this and more for only $179 for three months – or less than $2 per day! Learn more about this customized Online Seminar / Consulting for writers: http://www.111Publishing.com/Seminars  Or visit http://www.e-book-pr.com/book-promo/
to advertise your new book, specials, your KDP Select Free Days or the new Kindle Countdown Deals.

Please check out all previous posts of this blog (there are more than 1,030 of them : ) if you haven’t already. Why not sign up to receive them regularly by email? Just click on “Follow” in the upper line on each page – and then on “LIKE” next to it. There is also the “SHARE” button underneath each article where you can submit the article to Pinterest, Google+, Twitter, Facebook, Tumblr and StumpleUpon.
Thanks a lot for following:

@111publishing
http://www.111publishing.com
http://www.e-Book-PR.com/
http://www.international-ebooks.com/
http://bit.ly/VmtVAS 111Publishing @ Google+

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Get Even More Royalties for Your Book

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Faucet
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A study found that 80% of all copies made on copy machines are from books!  As a Writer and first-time publisher, back in Europe in the early 1980’s, I was thrilled when I received a my first copy-royalty cheque for $180.00 from VG WORT.
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Later I found out that the same system works well in Canada under the name ACCESS COPYRIGHT.  One of the benefits of being a small publisher or trade-published writer in Canada!  However you must have set up a small business in Canada, if you are not with an established (not Vanity) publisher ACCESS COPYRIGHT explains on their website:

Join Access Copyright for Free 
If you are a writer, publisher or visual artist, Access Copyright is an organization that believes that you should be fairly compensated when your works are copied.  By becoming an affiliate of Access Copyright, you will have access to services that will help maximize royalty income for the secondary use of your works.
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Benefits of Being an Access Copyright Affiliate

Royalty Payments: They ensure our affiliates are fairly compensated.

Affiliate Outreach: They make sure the interests of their affiliates are heard by policy and decision makers on important issues, such as intellectual property.

International Network: Access Copyright has reciprocal agreements with reproduction rights organizations (RROs) from around the world. When their affiliates’ works have been copied in a country with which they have an agreement, they distribute the royalties to them.

Becoming an Access Copyright affiliate is free.
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International:
In the United States, Copyright Clearance Center, short CCC, compensates publishers and creators / writers for the use of their work.

Their subsidiary RightsDirect does the same in several European Countries.  German authors and publishers join VG WORT, to be precise: members of the European Union and authors who have Germany as their place of residence.  –  Let us know about other countries : )

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If you would like to get more support in all things publishing, have your book intensively promoted and learn how to navigate social media sites: We offer all this and more for only $159 for three months! Learn more about this individual book marketing help: http://www.111Publishing.com/Seminars
Or visit http://www.e-book-pr.com/book-promo/
to advertise your new book, specials, your KDP Select Free Days or the new Kindle Countdown Deals.

Please check out all previous posts of this blog (there are more than 960 of them : ) if you haven’t already. Why not sign up to receive them regularly by email? Just click on “Follow” in the upper line on each page – and then on “LIKE” next to it. There is also the “SHARE” button underneath each article where you can submit the article to Pinterest, Google+, Twitter, Facebook, Tumblr and StumpleUpon.
Thanks a lot for following:

@111publishing
http://www.111publishing.com
http://www.e-Book-PR.com/
http://www.international-ebooks.com/
http://bit.ly/VmtVAS 111Publishing @ Google+

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Authors: Which of Your Expenses are Tax-Deductible?

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Tax-Deductions

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Income tax preparation might be months away, but it is never too early to start collecting expense receipts. Many self-published book authors want to make a profit and become a professional author, having writing as their vocation.  Writers are presumed to be a professional if their writing made a profit in at least three out of the last five tax years, including the current year. Which means:  Not more than two years of expenses that are higher than the author income. Profits from your writing cannot be used to offset other income for tax purposes, such as a day job or other means of income, if you have more than two years of losses.

.
Considerations of Profitability
There are a couple of other considerations that revenue agencies, such as the IRS, are listing, for example:

  • Have you made a profit in similar activities in the past? If you have a successful book under your belt — or even a series of articles in paid publications, such as newspapers, magazines or online publications, which can be a predictor that you are a professional writer.
  • Do you have the knowledge needed to carry on the activity as a successful business? How much do you know about running that business? Are you running it like a business, keeping records, keeping an eye to profitability? Did you take classes/seminars about the publishing business (e.g. marketing or tax etc.) no matter if online or offline?
  • Have you created a professional book marketing and publicity plan? This might even be shown by including affiliate programs on your website/blog. If there are losses, are they due to circumstances beyond your control or did they occur in the start-up phase of the business?

.
Expenses You Can Deduct
Always try to pay from a separate account, set up for your writing business, to make book keeping easier. Keep receipts or / make copies of payments to contractors, freelancers and agency fees for book production, such as:

  • Proofreading
  • Editing
  • Illustrations
  • Photos
  • Graphic Design
  • Book Layout
  • Printing costs
  • eBook Formatting
  • Advanced Copy reviews
  • Book Trailer Design
    .

Book Promotion Costs, e.g.:

  • Advertisements, online and offline
  • Giveaways (free book review copies, pens etc.)
  • Flyers, brochures, business cards, book marks
  • Book Fair expenses
  • Costs for newsletters (AWeber, MailChimp etc.)
  • Entry fee for writing contests
    .

Other costs, such as:

  • Transportation costs (note the dates, distance, reason)
  • Rental for book readings
  • Office rental or mortgage, heating, electricity for your home office by square feet
  • Phone / Internet / e-Reader costs
  • Website / blog costs, such as hosting or development
  • Office Supplies
  • Meal expenses: in the USA full for public events you might host, and 50% if it is for a business purpose (interview, writers conference, meeting with book professionals, publishers, agents etc.)
  • Transportation to meetings, events
  • Research costs
  • Copyright registration and ISBN fees
  • your tax preparer or tax lawyer.
    .

Keep all your expense slips sorted by date and neatly filed to make it easier to find them
If you pay anyone of the above listed more than a couple of hundred dollars, you would need to include the contract and a form (in the United States it is IRS Form 1099-MISC). Note for each meal/entertainment expense the names, number of people participating and reason for meeting)

Further Reading:
http://www.freelancetaxation.com/deductions-writers
http://www.bus.lsu.edu/accounting/faculty/lcrumbley/tax_aspects.html

Disclaimer: These tips are meant to give general insight into tax information to writers, especially in the USA, and to give you an entry point so you can research further. While every effort was made to ensure the information in this article is accurate at the time it was written, we are not tax experts. Anyone filing taxes should consult a qualified tax prepare r for updated tax laws and further specifics on how these rules might apply to your individual tax situation.

.

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If you would like to get help in all things publishing, have your book intensively promoted and learn how to navigate social media sites: We offer all this and more for only $159 for 3 months! Learn more about this individual book marketing help: http://www.111Publishing.com/Seminars
Or visit http://www.e-book-pr.com/book-promo/ to advertise your new book, specials or your KDP Select Free Days.

Please check out all previous posts of this blog (there are more than 940 of them : ) if you haven’t already. Why not sign up to receive them regularly by email? Just click on “Follow” in the upper line on each page – and then on “LIKE” next to it. There is also the “SHARE” button underneath each article where you can submit the article to Pinterest, Google+, Twitter, Facebook, Tumblr and StumpleUpon.

Thanks a lot for following:

@111publishing
http://www.111publishing.com
http://www.e-Book-PR.com/
http://www.international-ebooks.com/
http://bit.ly/VmtVAS 111Publishing @ Google+

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