Others Legal Advice For First Patreon

KeepIt100Emoji

New Member
Aug 10, 2017
5
1
First of all, I apologize if this is in the wrong section.

I have been mulling over the idea of releasing an adult game on Patreon, but I have no idea what that would mean in terms of taxes and banking. Is there anything I need to be careful of or take care of before I start one?
I live in the United States.
 

Saki_Sliz

Well-Known Member
May 3, 2018
1,403
995
Do you already do your own taxes? I imagine you would probably have to report some money earned (if it is significant enough) and pay back the appropriate amount of taxes. This would be stuff you do along the way. The only thing I can think of is at first you may want to set up a direct deposit. I don't use patron so I don't know if it lets you track income. You should probably speak with an actual finance person on this, I am certainly not qualified since I don't make money independently.

I'm certain there is a laywer subreddit you could ask, I've heard lots of good things about such communities.
 

Saki_Sliz

Well-Known Member
May 3, 2018
1,403
995
I find that they don't do much consulting (at least when I last used them, which was over a decade ago), but more, provide an interface to let you do paperwork with (such as requesting a trademark), which they route to their internal teams to do. It cost a good amount of money, even for simple filing. Did they expand their services over the years?

edit: looking at their site, they have definitely changed, it does look like they have some consulting option, not sure if their company is doing better or worse in recent times.
 

V.A. Laurie

Game Writer & Editor
Game Developer
Oct 9, 2017
557
1,875
First of all, I apologize if this is in the wrong section.

I have been mulling over the idea of releasing an adult game on Patreon, but I have no idea what that would mean in terms of taxes and banking. Is there anything I need to be careful of or take care of before I start one?
I live in the United States.
I am not a lawyer or an accountant, but I can tell you what I know.

Your legal name will be hidden on patreon. You bank information is kept secure (or as secure as any online server transmitting confidential data). So in those regards, you will stay anonymous.

As for doing taxes and collecting money and all of that, here in the US there is a concept of "de minimis" which is literally defined as "too trivial to merit consideration." Now again, I say that I am not a lawyer or an accounting professional, so I provide this next bit of information with the guidance that you double check this to still be true: If you make under $600 from a single source, that is de minimis, and thus does not need to be put onto your taxes. However, the moment you make that Six Hundredth dollar, you must claim it. I think that this means from a single source within a year, but it could be from a single source in one payment. I'm not sure about that... but anyway... if you were to make let's say $1000 over the year from patreon, but it's all broken up in payments that are always less than $600, you may be able to get away with not claiming it on your taxes, but I do not recommend you test this. If you do go with that scenario, maybe you'd be fine (and tbh you might be, but i wouldn't suggest you try it), but the IRS has no statue of limitations on their audits.

That last bit is like, the most important thing here so far; if you get audited fifteen years from now and they say that you owe them the taxes on the money you made from patreon, you will owe interest on that as well, for the entire fifteen years... and the IRS' interest rates aren't something you want to fuck around with.

You should be worried about this. But hey, I'm not just to scare you. I had advice as well.

If you plan to be serious about making money on patreon, and you plan to stick with this long enough to make more than that $600 we talked about, I recommend that you do one of the following: 1) do your best to keep all the money you make saved until you file your taxes so that you can pay the proper taxes on that income, and then the rest is yours to play with. 2) talk to a lawyer and create an LLC. It's easy to do, pretty cheap (depending on the state you're in... and not counting the lawyer's fees, which will probably be the most expensive part). This way, you can funnel the money into the bank account for that company, which will make filing taxes on it a lot easier... but you'll need to do some research on all of this as well. It's not very useful to just make the company without knowing how that actually brings benefits to you. In case you're interested, I've already done that second option.

Added benefit of creating a legal company for this - You are able to file with the government to claim the pen name/psuedonym you use for all of this adult content as a "legal entity" owned by your company. "V.A. Laurie," as far as the government is concerned, is a legal entity owned by my organization, and I am legally allowed to sign documents using that name instead of my real name. No shit, I can sign a contract as V.A. Laurie, and that is legally valid now. No one needs to know my real name, and only my lawyer and maybe two other people in this industry have ever had reason to know it.

So... tl;dr - it all comes down to how much money you'll be making, and how serious you are about this.
 

lancelotdulak

Active Member
Nov 7, 2018
556
549
Please do NOT listen to anyone without actual experience or certification.

1. You WILL pay taxes. Now ir 10 years from now. I have experience w this and a tiny amount i didnt know i owed turned into a 10 year nightmare. Report it as income and pay your taxes.
2. If youre one of tge few lucky enough to pull in 10,20,50k a year incorporate. It will cost about 400 and you wpnt be taxes on business expenses like hardware, models etc.
3. You by law have an irs advocate on your side but thats utter bullshit. I sent "my advocate' copy of a letter from the irs proving fraud. They ignored it and said it didnt happen

4. Dont let taxes disuade you. Its not a big deal just dont ignore it , be shady or think they wont notice. 100% chance patreon gofund me etc send them detailed files electronically
 

lancelotdulak

Active Member
Nov 7, 2018
556
549
Please do NOT listen to anyone without actual experience or certification.

1. You WILL pay taxes. Now ir 10 years from now. I have experience w this and a tiny amount i didnt know i owed turned into a 10 year nightmare. Report it as income and pay your taxes.
2. If youre one of tge few lucky enough to pull in 10,20,50k a year incorporate. It will cost about 400 and you wpnt be taxes on business expenses like hardware, models etc.
3. You by law have an irs advocate on your side but thats utter bullshit. I sent "my advocate' copy of a letter from the irs proving fraud. They ignored it and said it didnt happen

4. Dont let taxes disuade you. Its not a big deal just dont ignore it , be shady or think they wont notice. 100% chance patreon gofund me etc send them detailed files electronically
Also beware of "self employment tax". Yes its bullshit and yes thats a thing
 

polywog

Forum Fanatic
May 19, 2017
4,062
6,260
Patreon will show you the total for the year, on your payout page. You can bet that patreon reports every dime they payout. If they couldn't prove they payed out the money, they would be responsible for taxes on it. patreon should send you a tax statement showing exactly how much they reported to the IRS, but they are lazy and only send you a 1099 if you make more than $20k they would be in deep doodoo for money laundering if they claimed to payout >$20k without a tax id number.
but regardless of them sending you a statement or not, you are responsible for taxes on all of your income.

if you made 3000.00 working at burgerville + 400.00 from patreon and you don't report the 400
the IRS can find it 5 years later, and now you owe the 12,000 in back taxes and penalties for tax evasion.
talk with a tax professional in your area.

Also beware of "self employment tax". Yes its bullshit and yes thats a thing
by filing a 1040SE (self employed) you can deduct your business expenses. the 4 Nvidia you toasted, the ramm you purchased, your internet service costs... it gets complicated