Sometime last year, podcaster Anneke Rudegeair bought three
different brands of condoms. This month, she sat down with TurboTax
and listed the cost of rubbers as a deduction. It was, she believes,
a business expense.
Rudegair, 28, is better known to legions of fans as Soccergirl
Incorporated, the self-described "podcasting librarian with
big tits." Her job, for which she grossed $22,000 in 2007, is
to show off her charms on her site and purr about all things
sexual in her podcasts.
So there's an argument to be made that the Future-Condom Challenge
she and her boyfriend undertook was part of the gig.
"What otherwise would be your regular life becomes your business
life; that's been true for podcasting since the beginning,"
said Rudegair, of Germantown, N.Y. "It's all legitimate."
Nice work if you can get it. Which, technically, is the central
conundrum of new media pioneers and their accountants at tax
time: In an age when bloggers and podcasters are making a living
-- or trying to -- by blogging and podcasting about their personal
lives, what exactly is legitimate? And if writing off your personal
life is as easy as writing about it online and getting some
Google ads, why doesn't everybody do it?
The Internal Revenue Service certainly doesn't make it clear.
A request for information was met with directions to a page
at IRS.gov entitled Business or Hobby? Answer Has Implications
for Deductions. There, the public is informed that "an activity
is carried on for profit if it makes a profit during at least
three of the last five tax years, including the current year."
Broadly, the notion is you have to make some money. But there's
no further details concerning the IRS' views on how living one's
life in public apply to expenses that are "common and accepted
in the taxpayer's trade or business."
It's a topic so new, it confounded a number of legal and tax
experts contacted for this story. A spokeswoman for the Office
of Tax Policy Research at the University of Michigan's Ross
School of Business said her experts couldn't comment because,
"As we move into new technology, it's really hard to know about
some of this stuff."
"I hadn't really thought about bloggers, but they're basically
making their personal lives their businesses," said John Robinson,
an accounting professor at the University of Texas' McCombs
School of Business. "When you make expenditures that are primarily
for business purposes, then it's deductible. If it's primarily
personal, then it's not. As for the experimental use of a condom,
you have to ask, would she have engaged in these extra expenditures
were it not for her work? I honestly don't know how I'd apply
that rule. This is plowing new ground."
Indeed, those in the field are feeling their way as the mediums
mature. Rudegair said she was nervous the first time she put
"podcaster" on the form as her occupation, worried that "they'll
think it's a made-up thing." And Mike Yusi, who produces the
twice-weekly music show UCRadio out of his Los Angeles home,
illustrated the difficulty defining whether his show is a hobby
or a job by indicating that he "would do it whether I could
write it off or not, but once the possibility to offset the
costs came up, I jumped at it."
Rob Walch, coauthor of Tricks of the Podcasting Masters and
host of Podcast411, agreed there's some gray area.
"If you were to go to get a manicure or massage and you blog
podcast about it and you are making money on the blog or podcast,
you could write it off," Walch said. "But that does not mean
you will not get audited."
That's the rub, said New York blogger Julia Allison, who writes
extensively about her personal life at her And Another Thing…
blog and in her work for TimeOut New York. The IRS, she quipped,
will audit a podcaster who expenses condoms "just for fun."
"The IRS doesn't understand, isn't interested in understanding
that your personal life can sometimes merge with your professional
life," she said. "It has to be 100 percent business. If there's
even a small percentage that is for your personal life, you
can't expense it."
Many play it safe. Dennis Gray of San Luis Opisbo, California,
host of the parenting podcast 101 Uses For Baby Wipes, often
receives free products for review. To avoid the tax consequences
of receiving those items, he gives them away on the show when
he's done.
"That makes it a wash, an income and expense at the same time,"
he said. "I don't want to have to declare all that nonsense,
book it as income, use it as income, calculate appreciation
and turn around and sell it. So I get rid of it to avoid the
tax man."
For Rudegair's part, she said she hesitated to deduct much
early on but now she puts down such items as those condoms and
outfits she buys for her web videos as well as such traditional
business expenses as computer equipment, home-office space and
travel related to promoting her show.
"I don't know if I'm going to get in trouble for this, but
it's defendable," she said. "I mean, I'd love to show the IRS
which episode I did what I did in."