Monday, December 22, 2008

005 Merch Settlements

The Proper Way To Settle Merchandise Fees

I recently came across a venue in Houston, TX, while I was on the Ice Cube tour, that had no idea how to settle a simple mechandise percentage. Furthermore, they told me that I was in the wrong and this came after a day of hearing them gloat about being the best promoters - “we know what we’re doing here, we sell tickets unlike the other venues in town, we’re basically the training camp for them since they steal our employees.” Well “Bob,” perhaps if you trained them right the other venues would appreciate it a little more.
So, here we go. I lesson in the proper way to settle an evidently not-so-simple merchandise percentage so swaggies/merchies alike, if you’re doing this the wrong way take down some notes and you just might get a raise, or keep your job.

This is really simple if you can handle basic math, and I do mean basic. So here are the first few rules:

Always take the fee off of your ADJUSTED GROSS SALES.
Always check the contract for proper percentages, it varies per show/agent - its not a house standard.
Keep in mind it is VERY common for the venue fee to be different on clothing vs media.
Find out the CURRENT Tax Rate of the city you are in. I use google a lot.
Ask if the artist or venue retains the tax. If it’s the venue, ask for a Tax-ID (EIN) Number before handing over any tax. If the venue retains they absolutely have to give you this information.
In some markets such as Minneapolis there will be no tax on clothing, but everything else. Certain cities/states are unique. The only states WITHOUT any sales tax are New Hampshire & Oregon.
Always divide the tax, never multiply. (We’ll Get There)

Let’s assume that if you are doing merch, you are doing it the proper way and counted in and out, accounted for any comps and/or half-sales and you have your correct GROSS SALES and your money matches up. Okay? Good.

For this equation let’s use a safe round number and make our GROSS $1,000, the sales tax is 10% (we must be in Chicago), and the venue fee is 15% on everything we sold.

Here is our Formula.

First we find our net and sales tax:
Gross Sales / (1+Sales Tax) = ADJUSTED Gross Sales Gross Sales - ADJ Gross Sales = Tax

After this is formulated we take the venue fee off of our Net:

ADJ Gross Sales X Venue % = Venue Fee

So Artist Total Take Will Be:

Net Sales - Venue Fee

Of course, whoever retains the tax will have that added to their take. Don’t forget who retained or you’ll have an accounting nightmare.

With Numbers:

First we find our net and sales tax:
$1000 [GS] / 1.10 = $909.09 [ADJ]
$1000 [GS] - $909.09 [ADJ] = 90.91 [TAX]

After this is formulated we take the venue fee off of our Net:

$909.09 [ADJ] X 0.15 [VENUE %] = $136.36 [VENUE FEE/MERCH RATE]

So Artist Total Take Will Be (Also, lets say we retain tax):

$909.09 [ADJ] + 90.91 [TAX] - $136.36 [VENUE FEE/MERCH RATE] = $863.64 [NET SALES]

Why bother with all of this math?

If you did the quick and incorrect way it would look like this:

$1000 [GS] X .15 [VENUE %] = $150.00
$150 [WRONG WAY] - $136.36 [CORRECT WAY] = $13.64

It might not look like a lot, but ask the band youre working for if they’d like to give away $13 - chance are they aren’t too willing. Let me kick it up a notch to some real numbers to show you the difference...

I’ve done merch for bands that have done $40,000 in sales for a night. Skipping all of the math, here is a breakdown of what it would be each way on a 25% Venue Fee (sadly, this rate is normal for bands that are considerably larger. How their booking agent doesnt fight for them is beyond me.)

CORRECT WAY: The band would pay $5,454.55 to the venue.
WRONG WAY: The band would pay $6,000.00 to the venue.
A difference of... $545.45 - So yes, the headache is ALWAYS worth the extra 3 minutes of math.

Here is a screen shot of how our example looks on my spreadsheet:



And yes, I am an expert spreadsheet maker having to amend so many of them in the past. If you need a good one to use e-mail me and I’ll help you come up with one best suited for your current tour.

I hope this proves to be helpful, I know there a LOT of merchandisers doing this the wrong way, I know that I did on my first few tours - just start settling the correct way and if the venue tries to tell you that you aren’t doing it properly offer politely to call your tour manager, band manager, and booking agent for them to talk to as well. Usually they’ll realize you’re serious by that point.

Questions/Comments? Leave a comment on here or email me from my profile page and I’ll hit you back as soon as I can.

- Joseph A. Lemble

10 comments:

Chris Immunity said...

Hey, I really liked this article and i linked it on my site.

Http://www.chrisimmunity.com

jebus1988 said...

This article really opened my eyes since this is what I want to do when I graduate; Thanks for the information and I'm looking forward to more articles like this one.

Unknown said...

which venue was it? warehouse live?

Anonymous said...

Joe, thanks for the formulas!

I sat through sales tax classes (provided by the state) a couple years ago. The instructor said that playing at different venues means I should have a special sales tax license that was far more expensive than our meager merch sales are worth.

Do you report sales tax to each and every city and county in while you sell? Aside from the venue retaining the sales tax, what is the proper way to do this?

-pete // Speakeasy, Tiger

LeahP! said...

I work at a prominent venue in DC. As a merch girl, only have encountered one band so far that didn't have any idea about house merch sales and was actually just so upset at the idea of not selling their own swag and giving a percentage. We do our math the same way you say to and it was exciting to see that it's legit what we do since I haven't experienced it anywhere else! Thanks for the article!

Joe Lemble said...

Thanks to everyone who left comments, I really appreciate you reading this blog. Forgive me for replying Twitter style...

@Chris Immunity - Thank you very much - I just opened your site in a new tab to check out once I reply to these. =)

@Evan I'd rather not say, just to not cause any drama but I have been to the warehouse live and their staff was amazing to me. I will be there again with Josh Radin in February.

@ Pete - I usually work for a merchandise company or bands with CPA's or Business Managers/Accountants and I submit the information to them and after that... It's beyond me what happens.

I do know that some venues that ALWAYS retain do so because the IRS has come after them asking for proof that the artist retained the sales tax so having their own EIN Number, the venue remits the tax each month to stay clear of fines. Its literally 50/50 on who retains it seems.

@LeahP! Which venue? I'd love to say hi if I come through at all!

Unknown said...

NJ has no sales tax on clothing, but 7% tax on other items.

Unknown said...

Glad to hear your input on the performance of one of our employees. I'm the guy who helped you do load in and drove the guys to the Four Seasons.You call it the way you see it and that's cool with me, sorry for your inconvenience.Drop me a line at whatdphawk@gmail.com, I'm interested in hearing what happened from your end of things.. Thanks Rob

Taterx said...

We've come a long way since the early 80's "get in the van" style touring...

dan lipski said...

this is great, joe.