The reason I ask is because I was just wondering.
Say I was to do some electrical work for a lady friend and she offered to pay me with sexual favors instead of cash. How close to prostitution would this be?
What if she paid for everything this way?
I don’t think it’s illegal to exchange services like a massage or some plumbing work (snork!, like the toilet, you pervs) in lieu of cash payments.
If an authority were to ask me if I got paid (for tax purposes) or ask her what method she paid (for lien purposes) could sex be an option?
I would wager that if the situation escalated to the level where the IRS would be interested in where you were laying pipe, you might be in trouble.
No no no he’s the electrician. You don’t want to know how she pays the plumber.
I would bet the answer to your question is in your state criminal code. I would Google it, but I am at work, you know. Anyway, check the wording of the law, and see if it mentions in-kind trades.
I thought the IRS was bound to ignore criminal activity as long as you paid taxes on the gains.
I suppose if you declared her services as “other income” and valued them at market price, you’d be in the clear as far as tax fraud goes. You could get quotes from legal prostitution outlets and then adjust for her age and appearance. Kinda’ shaky way of estimating though.
In any case, I am not a lawyer or tax advisor.
As a friend, I suggest that you not take her up on her offer for tax, legal and health reasons. It at least some states prostitution includes “for money or other consideration”. The tax issues are there as well. Finally, how many service guys has she serviced? You really want to hit it if she’s been giving it up that easily?
Seeing that your location is listed as “Milwaukee-ish, WI” I’ll answer with Wisconsin sate stautes:
944.30 Prostitution
Any person who intentionally does any of the following is guilty of a Class A misdemeanor:
(1) Has or offers to have or requests to have nonmarital sexual intercourse for anything of value.
So, yeah, it’s prostitution. Seeing that the service being done has value. It sounds debatable but I’ve seen cases like this in court.
Notice, however, the term nonmarital. I guess you wife can charge you for a romp and legally get away with it!
It’s usually called paying the mortgage, electric bill, insurance premiums, etc…
Hmmm…I’d think you’d get into more trouble if you put it down as income (and she might get in more trouble). I mean, if I knew a guy who was an electrian and I offered to do him a favour if he did me a favour…how can the government get involved in that? He’s free to wire on his own time isn’t he?
Of course if it was treated as a commercial exchange (maybe if she were doing this for all her goods and services and it was reported somehow?) I would think she’d be charged with prostitution.
Is he supposed to send them a portion of her vaginal juices or something?
FWIW, I’m pretty sure this would be legal in Canada.
Ok, I guess my favour offering would count then (I wasn’t planning on it!!). But…well only technically. I mean if I ask a guy to install my new shower head (out of the goodness of his heart) and then we can test it out (nudge nudge wink wink) they can exactly prosecute for that.
It does seem to be a quirk of the law, I think. I believe, not knowing squat about law, that one can be paid “in kind.” I have always believed that the meaning of that phrase was that you could more or less barter for the value of your services and receive payment in a mutually agreed upon medium of exchange. I could, for example, tutor your child and you could pay me, in kind, by, say, serving me dinner. I think I could even convert that into some equivalent in monetary terms and report it as income. In fact, I think I am even required to. Now, maybe, I’m just talking out of my ass, but at least I’m saying what I believe to be true. And so, back to the OP, it seems that if I’m right, and that in-kind gifts can serve as income, that there’s this ONE type of gift that’s a definite no-no. Gets me thinking about the nature of our laws, who makes the laws, and why, etc. In the end, sex with the enemy is the enemy. Wife says no, and there’s a law against it.
That’s the important part… This isn’t a TV show, you know…
Actually, you are supposed to treat barter exchanges as income for tax purposes. Even though no cash changed hands it’s still income. Of course, there’s practically no way that the IRS will ever become aware that such a transaction took place if you don’t report it, but barter is still income.
It certainly seems like prostitution if the arrangement is explicit. But if the participants don’t openly acknowledge the quid pro quo, even if they both understand it intuitively – that seems like something that’s not extraordinarily uncommon among friends of the opposite sex.
–Cliffy
That’s what I was trying to say. You can legally trade and barter all sorts of goods and services except for sex - then it’s prostitution. Here, I think the bonobos are way ahead of us.
The question raises the technicality of the law. Nobody is really going to be prosecuted in cases like this if both parties agree to the terms and it’s kept private.
The cases I’ve seen were about a guy that was fixing cars for women in the neighborhood in exchange for sex. One of the women objected to his offer and reported him. He was charged, I believe, with soliciting, not prostitution, but you get the idea.
Back to the technicality of the law, the “nonmarital” part piques my interest. In Wisconsin it is legal for 2 consenting adults to cohabitate and have nonmarital sex as long as they aren’t married to someone else (adultry is still a felony here, though prosecution is almost non-existent).
So, if a guys live in girlfriend says “if you pay my half of the rent this month I’ll give you a BJ” does this technically make her guilty of prostitution? Does the law then have a misogynist view that all women are whores?
I must execute a hundred barter transactions a week amonst my friends and relatives though. If I carpool with someone, say drive someones kids to the soccer game, and in return they drive mine to dance rehersal, am I technically breaking the law if I don’t report this to the IRS(I know, obviously in real life the federal marshals aren’t gonna come knocking on my door for this)? Does the federal tax code make some distinction regarding very minor bartering and quid pro quo arrangements, or is it all technically illegal and treated with a sort of “don’t ask don’t tell” thing?
Honsetly, I keep reading that as “paid taxes on the glans”. :eek:
If that’s the case then I’m in trouble.
Well works been kinda slow lately, but I always find my own special way of paying him back.
I think the OP is a thinly disguised probe by Big Brother to find out how to go about taxing sex. We all know that finding a way to effectively tax sex is the ulitmate goal of the government.
At that point we should all kill ourselves.
Any chance you’re looking for a second roommate?