Agent Contract...who gets the check...

thothguard51

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Unsure if this has been asked elsewhere as I don't seem to see it. But if so, Mod's, please feel free to merge.

How common, or uncommon, is for an agent's contract to stipulate all payment goes to the agent who will then forward payment to the author once the checks have cleared and they have deducted their fees? And what can they deduct from the check besides their percentage?

I can understand the need for this, as the agent has to make sure the author gives them their cut, but is this a common practice?
 

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Yes, it's the standard way of things. In rare cases, the publisher can cut two checks, but from what I understand, they don't like to do that.

Besides their percentage, they can deduct a few "extraordinary expenses" for your book, like exceptional shipping and copying fees (like having hardcopies shipped overnight to Europe). Lots of agents don't actually bother with those, though.
 

thothguard51

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Deadly,

Thanks for the quick reply. I figured this was pretty much the case, just surprised when I saw it in a contract sometime back.

This leads to another question, where does the end of year earnings statement come from for tax purposes? The agent or publisher, or both?
 

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Writers get royalty statements from their publishers (via their agents, if they have one), which include total earnings for the period detailed in the statement.

If the writer has more than one book published, perhaps by more than one publisher, they'll get more than one royalty statement. Depending on the publishers and contract terms involved, those statements will be received at different times of the year (some publishers produce them annually, some quarterly, etc...). I'm not sure of American tax law, but I suspect it's going to be up to the writer to produce his or her end-of-year statement based on those royalty statements.
 

thothguard51

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Old Hack,

Thank you for the reply. I figured it was something like that, and I will have to seek a tax consultant when that time nears.

Have a great Holiday season...
 

Irysangel

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Deadly,

Thanks for the quick reply. I figured this was pretty much the case, just surprised when I saw it in a contract sometime back.

This leads to another question, where does the end of year earnings statement come from for tax purposes? The agent or publisher, or both?

Royalty statement comes from the publisher. Your 1099 (end of the year earnings statement that you use to file your taxes) comes from your agent, since they are the one issuing your payment.
 

thothguard51

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Does the 1099 show my earning as stated from the publisher, or from the agent. Reason I ask if that the publisher shows 1 think before the agents cut. I assume, and perhaps wrongly, that the agents cut or deductions for expenses, can be deducted from the taxes.

Ohhh, I am getting a headache and have not even got an agent yet...
 

eqb

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Does the 1099 show my earning as stated from the publisher, or from the agent. Reason I ask if that the publisher shows 1 think before the agents cut. I assume, and perhaps wrongly, that the agents cut or deductions for expenses, can be deducted from the taxes.

Mine showed the earnings *after* the agent's cut.
 
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thothguard51

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Does the 1099 show my earning as stated from the publisher, or from the agent. Reason I ask if that the publisher shows 1 think before the agents cut. I assume, and perhaps wrongly, that the agents cut or deductions for expenses, can be deducted from the taxes.

Mine showed the earnings *after* the agent's cut.

Makes sense so that you then do not have to figure out what to deduct. Just trying to a grasp on how all this works.
 

eqb

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Makes sense so that you then do not have to figure out what to deduct. Just trying to a grasp on how all this works.

Remember, too, that when you have an agent, you can ask them all kinds of questions. (Not that you shouldn't ask them here, if you like, but the great thing about having an agent is that you can say, "Please explain this strange stuff about publishing." Mine is ever-lastingly patient with me.)