Need Advice on paying taxes when doing a JV!

If you put together a contract that states you will pay him 50% of gross revenue as advertising fees, then what is the problem?

I have no idea what you are doing, but could this business also face unexpected expenses? like a lawsuit, or administrative costs.

That's why these 50% deals as ideal as they sound often don't work out unless you setup a company where each is a stake holder with the corresponding %. There are so many unknowns. He lives in a communist country, where many don't pay taxes, and more to the point he may not even be allowed to do what he does, which is probably why he doesn't want to report it.

Great, 50% is ideal, but it's too much of an Utopia - you need to grow this as a business and set aside and accumulate some cash for a rainy day. And a true partnership would require key decisions to be made as to where the money should be reinvested, etc.

Since he doesn't want to give you a receipt you have to treat him as a contractor, and only pay 50% of what YOU make net. Why the hell should he make more money than you? So he wants all the 50% tax free and no risk, while you are put at risk, have to pay taxes, etc, etc, etc. This is NOT a good deal for you!

By the way companies like Google, Amazon, etc. pay advertising fees all the time to foreigners and I'm sure they are deducting it without being able to get an invoice.
But they DO make you "sign" an electronic contract, and they do require certain verification.

I would first check to see what do companies like Google and Amazon require from publishers before they get accepted in their program. And your guy will HAVE to provide at least that.

By the way is there a way to track what he's done for you?

i.e. is your agreement exclusive? Or could someone else also provide the same service and also get 50% from the profits they brought you?

If I were you I would do this

* setup an S-Corp
* workout a contract agreement that is NOT exclusive to that guy, so he is hired as an independent contractor.
* make sure that his profits are tied to his specific activity and that it provides for the growth of the business. i.e. only distribute 50% of net profits, not gross.

And if this guy doesn't want to do what's necessary for your business to operate, I'm afraid you are going to have to look some place else, otherwise the risks outweigh the benefits, and if you REALLY must work with him, then may be look into off shore company (although that always looked too complicated for me)
 
My CPA told me (don't quote me) you only pay taxes on what you keep for yourself,
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My CPA told me (don't quote me) you only pay taxes on what you keep for yourself,
Posted via Mobile Device

if you are a business, yes, that is the norm.

but he is a sole proprietor and as such if you write off more than 10% of what you made it could raise a red flag. not that there is anything wrong with being audited but it's unnecessary waste of time.
 
very valuable advices in here! thanks for the informations, I' m currently in a similar situation!
 
My CPA told me (don't quote me) you only pay taxes on what you keep for yourself,
Posted via Mobile Device
Yeah you just have to have proof and reason. And doing it right is the hard part.



By the way is there a way to track what he's done for you?

i.e. is your agreement exclusive? Or could someone else also provide the same service and also get 50% from the profits they brought you?

If I were you I would do this

* setup an S-Corp
* workout a contract agreement that is NOT exclusive to that guy, so he is hired as an independent contractor.
* make sure that his profits are tied to his specific activity and that it provides for the growth of the business. i.e. only distribute 50% of net profits, not gross.
Well I mean nothing is really exclusive, anybody can do anything with the right knowledge and stuff. So maybe since he doesn't have to pay taxes I should start to take a bigger cut? And how exactly would I work out a contract with him? I mean I can make one up and have it for my records, but does it need to be signed by him or do i just need to email it to him or what?
 
And how exactly would I work out a contract with him? I mean I can make one up and have it for my records, but does it need to be signed by him or do i just need to email it to him or what?

Just draft an word doc outlining your agreement between the both parties and how the transactions of payment to him will be made. Send it him in email and ask him to return email confirming he has in agreement with it - electronic signatures are considered legally binding acceptance no more than him signing the paperwork in front of you.

Example:


Title - Eg. Agreement of Contracted Services Between [you and address] and [him and address] dated [todays date]

This outlines the contractual agreement for services rendered between the aforementioned parties on the above date for a period of [x years/month/until further notice]

[describe the service agreement between you both here]

Payment arrangement:

[you] agree to pay [him] for services rendered the sum of [x] periodically in accordance with the above contract and hold no accountability for disclosure or otherwise to the relevant financial authorities for said monies that may incur tax obligations within [his name] country of residence.

All monies will be paid to the nominated bank account of [him] [you can put his bank account details here] upon reciept of a periodic invoice relating to the services contained herein and will be fully supported by appropriate bank statements to demonstrate full auditability of payments made for accounting and financial purposes.

Signed


[you] [him]

Hope this helps as a guideline and it should suffice that you have demonstarted full transparency in the agreement and are not responsible for his taxes - should do enough if you get asked by IRS to demonstrate your income/transfers.
 
Just draft an word doc outlining your agreement between the both parties and how the transactions of payment to him will be made. Send it him in email and ask him to return email confirming he has in agreement with it - electronic signatures are considered legally binding acceptance no more than him signing the paperwork in front of you.

Example:


Title - Eg. Agreement of Contracted Services Between [you and address] and [him and address] dated [todays date]

This outlines the contractual agreement for services rendered between the aforementioned parties on the above date for a period of [x years/month/until further notice]

[describe the service agreement between you both here]

Payment arrangement:

[you] agree to pay [him] for services rendered the sum of [x] periodically in accordance with the above contract and hold no accountability for disclosure or otherwise to the relevant financial authorities for said monies that may incur tax obligations within [his name] country of residence.

All monies will be paid to the nominated bank account of [him] [you can put his bank account details here] upon reciept of a periodic invoice relating to the services contained herein and will be fully supported by appropriate bank statements to demonstrate full auditability of payments made for accounting and financial purposes.

Signed


[you] [him]

Hope this helps as a guideline and it should suffice that you have demonstarted full transparency in the agreement and are not responsible for his taxes - should do enough if you get asked by IRS to demonstrate your income/transfers.
Alright thanks so much man! So as long as I have my bank statements and proof of the wire transfers, and a contract agreed upon by both people then I will be good even if I'm audited?
 
EXCELLENT thread. That contract template is gold....I will be using something similar myself as well. I'm a bit worried about Taxes coming up...actually quite worried as I feel like a fish out of water, being that this is my first time filing solely on ebay/paypal wages, and I never applied/got a business/reseller license.

.....
 
Alright thanks so much man! So as long as I have my bank statements and proof of the wire transfers, and a contract agreed upon by both people then I will be good even if I'm audited?

Yep -pretty much...good luck
 
You need to get across to him that USA and China will not be in communication about money and taxes.

Incorrect if suspected of international money laundering...unlikely but a possibility nevertheless....
 
I got a headache reading all this lol. Basically I dont see how the govt could do anything to you as long as your quickbooks file (or whatever you keep track of your banking in) shows wires to china for "Consulting" or whatever you want to call it and as long as your bank statements match those entries. If you dont have a contract with the guy just do that, call it consulting (which is an expense) and you wont have to pay taxes on that amount. Since you handle 100% of the money, i wouldn't be too worried about a contract since basically you have him by the balls, so it sounds.

Bottom line, as long as you are paying that money out (1099, or consulting, or any expense), you aren't taxed for it. And yes, use an account to make sure your ass is 100% covered (unless you want to cheap and take it all offshore, which personally i would never do :0).

Good luck!
 
I got a headache reading all this lol. Basically I dont see how the govt could do anything to you as long as your quickbooks file (or whatever you keep track of your banking in) shows wires to china for "Consulting" or whatever you want to call it and as long as your bank statements match those entries. If you dont have a contract with the guy just do that, call it consulting (which is an expense) and you wont have to pay taxes on that amount. Since you handle 100% of the money, i wouldn't be too worried about a contract since basically you have him by the balls, so it sounds.

Bottom line, as long as you are paying that money out (1099, or consulting, or any expense), you aren't taxed for it. And yes, use an account to make sure your ass is 100% covered (unless you want to cheap and take it all offshore, which personally i would never do :0).

Good luck!
I hope that's the case lol. I might still end up just hiring a tax attorney for all this. How much does one usually cost? And what do you mean " And yes, use an account to make sure your ass is 100% covered"?
 
The thing is even if he write off what he sent to the person in china ,mjordan as he stated above made xx,xxx amount of money and thats his cut. So he still have to pay taxes on the 5 figures.

I hope he got about 15k saved up
 
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