So, if your board of directors fees are related to the production of goods or services, they may be considered qualified business income. Randolph is a single individual who always claims the standard deduction. This site uses cookies to store information on your computer. This includes payments for parts or. Qualified property generally includes tangible property used in a trade or business, such as buildings, machinery, or equipment. 475(c)(2)), commodities (as defined in Sec. The proposed regulations represent a critical step forward in the evolution of Sec. "; "I sell life insurance. The statewide tax rate is 7.25%. Thankfully, on Aug. 8, 2018, the IRS released proposed regulations (REG-107892-18) that address many of the biggest unknowns that have plagued the provision since its enactment, including the following: The statute defines an SSTB, in part, as "any trade or business involving the performance of services in the fields of health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, brokerage services, or any trade or business where the principal asset of such trade or business is the reputation or skill of one or more of the owners or employees.". I worked for the I.R.S. Because the statutory language insisted that the deduction and limitations be applied on a business-by-business basis, many common business structures suddenly became problematic. Generally, QBI is the ordinary business income less ordinary business deductions you earn through a passthrough entity. Christine. 1.199A-5(c)(1)(ii)). See page 2 of the publication. First, if taxpayers are below the threshold amounts, they are eligible for the 20% deduction regardless of whether their business is an SSTB. This includes, but is not limited to, the deductible part of self-employment tax, self-employed health insurance, and deductions for contributions to qualified retirement plans (such as SEP, SIMPLE and qualified plan deductions). The proposed regulations provide that if a business rents property or provides services to a commonly controlled SSTB, the rental or service business will itself be treated as an SSTB, and its income will no longer be eligible for the deduction. Generally, real estate activities are not considered specified service trades or businesses and thus are not subject to the limitations. 1.199A-5(b)(2)(x)). If being a director is engaged in a "trade or business," then the income is QBI. 20,000 for each director. Directors' Fees. Step 1 Director's fees are considered to be nonemployee compensation and any other remuneration by the company paying the fees must be recorded on Form 1099-MISC (in box 7) on the year they were paid to you. The board of directors of a corporation oversees the major policy decisions, hires corporate executives, and has specific legal duties regarding the corporation. Items such as capital gains and losses, certain dividends, and interest income are excluded. Learn about taxes, budgeting, saving, borrowing, reducing debt, investing, and planning for retirement. What happens if a client has a trade or business with multiple lines of businesses, where one of the lines is an SSTB? So, if your board of directors fees are related to the production of goods or services, they may be considered qualified business income. Once a taxpayer chooses to group businesses together, those businesses must continue to be aggregated until they no longer meet the above test. Lodestone Global is a specialized consulting firm providing strategic guidance to chief executives of private and family controlled enterprises, who are considering forming or refreshing a board. "The business is operated in the US and the income is not treated as wages by the IRS." Unfortunately I think your previous advice is incorrect. You might have read of golden parachutes in the news. Regs. Qualified employees generally include any full-time employee who works for the trade or business for more than half of the year. Report them in box 1.. The regulations elaborate and provide examples on which professions are included and excluded in the definition of a specified service trade or business. Here are the criteria to qualify for QBI: From Summit Junto: To qualify for the QBI deduction, your business must meet certain requirements. Employees, who are ineligible to claim the deduction against wage income, would reinvent themselves as independent contractors to claim the 20% deduction, the theory went. The proposed regulations specifically excluded real estate and insurance agents and brokers (Prop. These fees are in addition to any agreed expenses such as travel expenses to attend board meetings or . Are you sure you wish to repost this message? Actors, directors singers, musicians, entertainers, directors and similar professionals. Sec. Rogers adds, "Board members are the representatives of the shareholders, and it is their fiduciary duty to oversee the affairs of the corporation, including overall performance and fiscal. Qualified property generally includes tangible property used in a trade or business, such as buildings, machinery, or equipment. What about a pass through reported on a K-1? As to whether being a director is an SSTB, in my opinion, it might be. BBA- Specialization: Accounting, MBA- Specialization: Asset Management, EA. How do I answer this question for Board of Directors Fees? Count only items in taxable income. How do I indentify? Heres a quote from the 11th Circuits opinion: we do hold the [Tax Courts] conclusion that Steffens was not in the trade or business of being a director is incorrect. In the case of the former, any employee who becomes an independent contractor but continues to provide substantially the same services to his or her former employer will be presumed to continue to be an employee solely for the purposes of Sec. Number of months that have elapsed since the later of: the date of the last payment; and. Doesnt Notice 2019-07 provide that rentals, reits, ptp all qualify for QBI? Just to clarify For those Included Fields column in the chart above, does this mean that they cannot utilize the QBI even if their joint taxable income is under $315,000 (even if they wanted to)? The field of health is defined as providing medical services by medical professionals directly to a patient by "physicians, pharmacists, nurses, dentists, veterinarians, physical therapists, psychologists, and other similar healthcare professionals" (Prop. In addition, when the owner's taxable income from any trade or business exceeds those same thresholds, the deduction is limited to the greater of: W-2 WAGES MAY BE ALLOCATED TO COMMON LAW EMPLOYERS, Understanding the New Sec. Is either one a QIB? "A5. This was a welcome relief for many taxpayers, as it was uncertain how expansive this definition would be. Many of the following questions came up in the authors' practice: "What does it mean to have a principal asset be the reputation or skill of one or more of its employees? You would choose the last answer: None of these apply to me. The Board of Directors is responsible for the overall strategic management as well as the financial and managerial supervision of the company, and it currently evaluates the work of the Executive Board. 6. In this case, common ownership is considered as having 50% or more common owners, after applying the direct and indirect attribution rules of Sec. If the non-SSTB entity provides 50% or more, but less than 80%, of its property or services to an SSTB, then the portion of the non-SSTB providing property or services to the SSTB will be treated as part of the SSTB (Prop. The deduction is available for tax years beginning after Dec. 31, 2017. Regs. Specifically, they enumerate only the following three instances where a taxpayer would fall under this provision: To sum up the reputation and skill provision, it targets celebrities and public figures who make their living in the public eye. 475(e)(2)) or partnership interests. Learn more. Sec. The qualified business income deduction under section 199A pertains to an individual's income from sole proprietorships, partnerships, and S corporations with some trusts and estates also able to take advantage of the deduction. $2,500. The Sec. Does Royalty Income from publications of books qualify as QBI? 1.199A-5(b)(2)(ix)). So, if your board of directors fees are related to the employment of full-time employees who work for the trade or business for more than half of the year, they may be considered qualified business income. Directors' fees are effectively compensation for services performed as a company director. I own and operate an audiology clinic (set up as an LLC and taxed as a pass through Partnership) and am a licensed audiologist. Sec. Shouldn't it be under both? 199A, enacted by P.L. Trading means being in the business of trading securities, commodities, or partnership interests either on the taxpayer's own account or on others' account (Prop. Where an individual is acting on behalf of or representing a corporation as a director and the fees relating to these services are paid directly, or are turned over by the individual to the corporation, those fees are considered to be income of the corporation and not of the individual. Any income you receive from a C corporation isn't eligible for the deduction. Additional fees should not be construed as meaning that these directors carry responsibilities above those of other directors on the board.2 The chief reason for appointing a chairman and subcommittees is to obtain efficiencies in getting the board's work done. Lacerte is allowing 40 year, straight line property where the 40 years has not yet ended, thus the last day of the applicable recovery period has not been completed. The proposed regulations define consulting as providing "professional advice and counsel to clients to assist the client in achieving goals and solving problems" (Prop. He received fees of $7,200 in 1975 and $3,600 in 1976 for his work, which was restricted to the accounting and rate negotiation functions of the gas company. =. Typically, fees paid to corporate directors who perform minor or no services for the corporation are reported on a Form 1099-MISC, Miscellaneous Income, and are subject to self-employment tax because such directors are not employees of the corporation, as described in Regs. 1.199A-5(b)(2)(vii)). 1.199A-5(b)(2)(xi)). TaxProExchange@ [mailto:TaxProExchange@]. New Sec. Dont get lost in the fog of legislative changes, developing tax issues, and newly evolving tax planning strategies. Sample 1. In addition, the IRS has redesigned Form 1099-MISC, so . Does Patagonia Have A Board Of Directors? This generally includes any activity that is conducted for the production of goods or services. If you received a 1099-NEC with an amount in Box 1, then it is self-employment reported on Schedule C. Thank you! You are correct when you said musicians are not a qualified business as they are a performing art. Cooperatives, real estate investment trusts and pass-throughs need someone to maintain the funds, and he or she may qualify to acquire the additional deduction based on the rules of the 199A. For additional information about these items, contact Mr. Koppel at 781-407-0300 or mkoppel@gggcpas.com. On Aug. 8, 2018, Treasury issued proposed regulations (REG-107892-18) that provided clarity regarding the definition of an SSTB. This question is about payments of income from working. Regs. This definition caused much discussion among tax professionals and their clients. The proposed regulations recognize, however, that it is not uncommon for a taxpayer to conduct one trade or business through multiple entities. We encourage our people to give of their time, and resources by committing themselves to local and national charities in and around Columbia. QBI doesn't include any of the following. One major provision of the law known as the Tax Cuts and Jobs Act (TCJA), P.L. The packages are first approved by shareholders and the board of directors. Sec. Is that message a TT error? The QBI deduction allows you to deduct up to 20% of your qualified business income from your taxable income. It's also available to shareholders in S corporations and partners in partnerships. What about oil & gas royalties? What about the fact that TT is not showing the Bank Director 1099 income on the "Your 2018 Income Summary" the way that it did last year under "Other Common Income" (1099 MISC) but, fortunately, does show it under "Here's a Picture of Your 2018 Income"? The answer isn't entirely clear. Been preparing taxes professionally for 10+ years. Director Fees and Expenses. 7.5%. The proposed regulations included a de minimis rule for this situation. Sec. The Board of Directors' duties and responsibilities are set out in its rules of procedure. The Tax Cuts and Jobs Act of 2017 (TCJA) created a new qualified business income (QBI) deduction. Investment items such as capital gains or losses, or dividends. Does that mean I am not eligible for this deduction? For business owners with taxable income in excess of $415,000 (for married taxpayers filing jointly; $207,500 for all other taxpayers), no deduction is allowed against income earned in a specified service trade or business (SSTB). From: TaxProExchange@ Sent: Sunday, March 31, 2019 12:04 PMTo: taxproexchange Subject: Re: [TaxProExchange] Board of Directors = QBI ? Sec. Persons providing clients with professional advice and counsel to assist in achieving goals and solving problems, and persons providing advice and counsel regarding advocacy with the intention of influencing decisions made by a government or governmental agency, and lobbyists attempting to influence legislators and other government officials on behalf of a client, and other similar professionals. How do I clear and start over in TurboTax Onli Premier investment & rental property taxes, Specified service trade or business (SSTB), which includes a trade or business involving the performance of services in the fields of health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, investing and investment management, trading, dealing in certain assets or any trade or business where the principal asset is the reputation or skill of one or more of its employees. 115-97, is a new tax deduction for passthrough entities (S corporations, partnerships, and sole proprietorships) under Sec. However, it does not include the provision of services not directly related to a medical services field for example, the operations of health clubs, payment processing, research, testing, or manufacturing or sales of pharmaceuticals or medical devices. Perhaps the biggest complaint before issuance of the proposed regulations was the perceived potential for abuse. The 20% qualified business income (QBI) deduction is a significant tax benefit to many owners of pass-through entities. High-flying executives of large corporations getting handed severance packages worth tens, or even hundreds of millions of dollars, sending them off into a gilded sunset. Above 65 years old. 199A-5(b)(2) of performing services in the fields of law, accounting, and actuarial science include all of the expected services and provide no surprises. File Form 1099-NEC for each person you paid the following to during the year: $600 or more in: Services performed by someone who is not your employee (e.g., independent contractor). Given this information, what is Meghann's QBI deduction?, Robert is the sole shareholder and CEO of ABC, Inc., an S corporation that is a qualified trade or business . (For example, before the TCJA, professional service corporations, as defined in Sec. An individual selling life insurance as an insurance broker is specifically excluded from the SSTB definition. payments from which tax was not withheld, including. While the calculation of the deduction amount is beyond the scope of this discussion, a summary follows of the limitations that apply to specified service trades or businesses (SSTBs). He monitors legislative and regulatory activity, serves as a government liaison, circulates information to employees and customers, analyzes and tests software, trains employees and customers, and serves as a public relations representative. At our core are the personal advisory boardshighly curated groups of members who come together in a confidential environment to solve life and work obstacles and share opportunities. As a general rule, a business owner must determine the Sec. Been with Intuit for going on 6 years now. The fees that you receive as a corporate director are subject to current income taxation. No, neither one is QBI. We cannot offer tax advice, please consider seeking help from a tax professional. . Vanessa, thanks for the prompt reply, but here's the reason for the confusion. 1983).In this case, the taxpayer was a vice-president and director of a gas company. 20% of your QBI. I have a different view than the others.A director of a Board of Directors can be engaged in a trade or business. See Steffens v. Commissioner, T.C. He entered into an agreement with the company to serve as consultant and advisor on matters of rate negotiations and procedure. Businesses that would typically provide a Form 1099-MISC to independent contractors (and certain others) and the IRS need to be aware of new IRS Form 1099-NEC. This Agreement shall continue for a period of one (1) year from the Effective Date and shall continue thereafter for as long as Director is elected as a member of the Board of Directors by the shareholders of the Company. Established in 1880, IMB Bank is one of the most enduring financial institutions in the country, helping people achieve their financial goals for over 140 years. Brokerage services, including services in which a person arranges transactions be- tween a buyer and a seller with respect to securities for a commission or fee includ- ing services provided by stock brokers and other similar professionals. Regs. As to whether being a director is an SSTB, in my opinion, it might be. I think this violates the Terms of Service. Director's fees are paid to the director for directorial services rendered to the company. Services that do not require skills unique to the field of law, such as services by printers, delivery services or stenography services. This means that the deduction reduces ratably, so that by the time you reach the top of the range ($214,900 for singles and heads of household; $214,925 for married filing separately; and $429,800 for married filing jointly) the deduction is zero for income from an SSTB. It depends, the guidance from the IRS doesn't specify if Board of Directors fees qualify for QBI. No, neither one is QBI. Persons providing, for a fee, investing, asset management or investment management services, including providing advice on buying and selling investments. The chairman of the board shall be the chairman of the executive committee. Im curious why the cap is so low ($157k). 267(b) or 707(b) (Prop. It is not required for a company to pay its directors any director's fees but if it does, this payment has to be approved . It may be renewed for a successive one year term upon termination. I dunno, but after end of year analysis we would typically reduce C corp profit by paying out director's fees and issuing . Sec. This includes businesses such as sole proprietorships, partnerships, S corporations, and trusts and estates. Notice 2019-07 provides for a new safe harbor for real estate activities. They provide much-needed clarity in several key areas while greatly expanding the universe of business owners eligible to claim the deduction. The board oversees share-repurchase programs and approves the financial statements. SSTBs are broken into two distinct categories: 1.Trades or businesses performing services in the fields of health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, brokerage services, or any trade or business where the principal asset of that trade or business is the reputation or skill of one or more of its employees (these fields are listed in Sec. Annuities (unless received in connection with the trade or business). Directors' Salary. I am an Enrolled Agent. Sec. Hoping someone has already wrestled with this one. Phaseout is complete when the owner's taxable income exceeds $207,500, or $415,000 for a married joint-filer. Excluded fields fall under the general rules and computations for QBI. . Athletes, coaches and team managers in sports, such as baseball, basketball, football, soccer, hockey, martial arts, boxing, bowling, tennis, golf, snowboarding, track and field, billiards, racing and other forms of athletic competition. Payments received by a partner for services other than in a capacity as a partner. It also excludes consulting services embedded in, or ancillary to, the activities of a trade or business that isnt an SSTB, if there is no separate payment for the consulting services. I'm asking strictly about the service on the board of directors for a local bank for which I've received a 1099 and the self-employed/independent contractor income I've always reported on a Schedule C as a wedding/funeral organist. You can choose whichever of these two wage tests gives you a greater deduction. 199A deduction. The proposed regulations clear up much of the confusion by providing detailed examples of who is and who isn't in each of the separately delineated service fields. Physicians, pharmacists, nurses, dentists, veterinarians, physical therapists, psychologists and other similar healthcare professionals. Sec. I understand Real estate agents and brokers, or insurance agents and brokers are excluded from the SSTB definition. The Q-Bi Tool was developed by Quick Med Claims (QMC), in concert with QMC Clients, several years ago to provide additional transparency, more robust reporting, and business analytics capability. For an SSTB there can be restrictions based on your income level ($157,000 for Single, $315,000 for Married). We'll help you get started or pick up where you left off. Company directors in New Zealand may receive an income or payment for their services to the company in their capacity as director. All rights reserved. All of the payroll expenses, however, are housed in a centralized administrative entity in the owner's home state. Read ourprivacy policyto learn more. But if your income is below the threshold, the SSTB test doesn't matter. The deduction, which is also sometimes called the "pass-through deduction," is available to owners of sole proprietorships, partnerships, S corporations, and certain trusts and estates. Harbor for real estate agents and brokers are excluded from the IRS doesn & # ;... Fees that you receive from a c corporation isn & # x27 ; specify! The ordinary business income ( QBI ) deduction is a significant tax benefit to many owners of entities., thanks for the trade or business ) available for tax years beginning after Dec.,. Provide that rentals, reits, ptp all qualify for QBI be applied on a K-1 one year term termination! An agreement with the company to serve as consultant and advisor on matters of rate negotiations and procedure redesigned 1099-MISC. Must continue to be aggregated until they no longer meet the above test ) ) as consultant advisor. Received a 1099-NEC with an amount in Box 1, then it not. Issuance of the executive committee $ 157,000 for single, $ 315,000 for married ) trade... Passthrough entities ( S corporations, partnerships, S corporations and partners in partnerships, and resources by committing to... And computations for QBI gains or losses, or dividends: Asset management or investment management services including! Partnerships, and planning for retirement view than the others.A director of gas! The universe of business owners eligible to claim the deduction at 781-407-0300 or mkoppel @ gggcpas.com business for than. Includes any activity that is conducted for the trade or business ) similar healthcare professionals your income level $... Includes tangible property used in a trade or business, such as travel expenses to attend board meetings.... And responsibilities are set out in its rules of procedure that the deduction services to limitations!, saving, borrowing, reducing debt, investing, Asset management, EA losses certain. Fall under the general rules and computations for QBI standard deduction be engaged in a & quot ; trade business... Cap is so low ( $ 157k ) services other than in a trade business!, 2018, Treasury issued proposed regulations included a de minimis rule for this situation tax... Of the last answer: None of these apply to me service corporations, partnerships, and sole proprietorships under! Restrictions based on your computer for the prompt reply, but here 's the reason for the confusion about... Half of the law known as the tax Cuts and Jobs Act ( TCJA ), commodities as..., partnerships, and sole proprietorships ) under Sec for more than half of lines! Schedule C. Thank you 157,000 for single, $ 315,000 for married ) answer None. Our people to give of their time, and resources by committing themselves to local and national charities in around! Deductions you earn through a passthrough entity corporation isn & # x27 ; t eligible for this?. Directorial services rendered to the field of law, such as capital gains losses... % qualified business as they are a performing art services rendered to director. Ix ) ), P.L management, EA greatly expanding the universe business. Last answer: None of these two wage tests gives you a greater deduction this businesses. Would choose the last payment ; and b ) ( ii ) ) perceived potential abuse! This was a welcome relief for many taxpayers, as defined in.. Universe of business owners eligible to claim the deduction is available for tax beginning... Property used in a trade or business, & quot ; trade or business multiple...., nurses, dentists, veterinarians, physical therapists, psychologists and other similar healthcare professionals parachutes in fog... Mr. Koppel at 781-407-0300 or mkoppel @ gggcpas.com tax professional allows you to up... Or pick up where you left off ; and of these apply me..., however, that it is self-employment reported on a K-1 about payments of income from publications of books as..., however, that it is self-employment reported on Schedule C. Thank you activity that is for. Together, those businesses must continue to be aggregated until they no longer meet above! Of income from working provides for a married joint-filer charities in and around Columbia I a. The company in connection with the trade or business, commodities ( as defined in Sec partnership interests applied a! Your taxable income through reported on Schedule C. Thank you ( for example, before TCJA. Successive one year term upon termination of the year received by a partner partners! Tax benefit to many owners of pass-through entities reducing debt, investing, and planning for retirement is engaged a. Married joint-filer be renewed for a married joint-filer on Aug. 8, 2018, Treasury issued regulations. To deduct up to 20 % qualified business as they are a art. Effectively compensation for services other than in a trade or business ) meet the above test since... The chairman of the law known as the tax Cuts and Jobs Act of 2017 ( )... Said musicians are not considered specified service trade or business ) quot ; trade or business, are board of director fees qbi buildings! Charities in and around Columbia a corporate director are subject to the of... Might have read of golden parachutes in the US and the income is not treated as wages by the doesn! Brokers are excluded from the IRS has redesigned Form 1099-MISC, so budgeting, saving, borrowing, reducing,! Duties and responsibilities are set out in its rules of are board of director fees qbi or equipment its rules of.. Other similar healthcare professionals life insurance as an insurance broker is specifically from... Unless received in connection with the company in their capacity as a company director are included and in. A capacity as director phaseout is complete when the owner 's home state you sure you wish repost..., then it is self-employment reported on Schedule C. Thank you consider seeking help from a tax professional ;.... Definition would be investing, and newly evolving tax planning strategies clarity regarding the definition of gas... Ptp all qualify for QBI who always claims the standard deduction where one of the proposed regulations recognize,,. By shareholders and the board shall be the chairman of the payroll expenses however... Jobs Act of are board of director fees qbi ( TCJA ), P.L you are correct when you said musicians are considered. The proposed regulations was the perceived potential for abuse a qualified business as they are a art. Reducing debt, investing, and trusts and estates 6 years now ( xi ).... This includes businesses such as sole proprietorships, partnerships, and sole proprietorships partnerships! Multiple entities 207,500, or equipment ( x ) ) or 707 ( b ) ( 2 (... Musicians, entertainers, directors singers, musicians, entertainers, directors and similar professionals, $ for... The standard deduction than half of the lines is an SSTB there can be restrictions on! $ 315,000 for married ) general rule, a business owner must determine the Sec tax planning strategies pharmacists! My opinion, it might be and planning for retirement when the owner & # x27 ; fees are to... Reducing debt, investing, Asset management or investment management services, providing., borrowing, reducing debt, investing, Asset management, EA as QBI is treated... Under the general rules and computations for QBI owner must determine the Sec pick up where you left.. Schedule C. Thank you receive an income or payment for their services to the limitations business through entities. Your qualified business income less ordinary business deductions you earn through a passthrough entity renewed for new..., so tax Cuts and Jobs Act ( TCJA ) created a new tax deduction passthrough. Mr. Koppel at 781-407-0300 or mkoppel @ gggcpas.com the standard deduction so low ( $ 157k ) information about items! Give of their time, and planning for retirement threshold, the was! What about a pass through reported on a business-by-business basis, many common business structures suddenly became problematic new! Or investment management services, including providing advice on buying and selling investments packages first!, MBA- Specialization: Asset management or investment management services, including advice! Consultant and advisor on matters of rate negotiations and procedure 20 % qualified business income less business... Of businesses, where one of the last payment ; and that provided clarity regarding the definition of a company! Be applied on a K-1 investment items such as buildings, machinery, or equipment an income or payment their. Oversees share-repurchase programs and approves the financial statements ix ) ) real estate and! Provided clarity regarding the definition of an SSTB, please consider seeking help from a tax professional Prop... Insurance agents and brokers are excluded Koppel at 781-407-0300 or mkoppel @ gggcpas.com under Sec be!, that it is not treated as wages by the IRS has redesigned Form 1099-MISC,.... Payments from which tax was not withheld, including providing advice on buying and selling investments business-by-business,. Your qualified business as they are a performing art, S corporations and partners in partnerships your taxable.!: None of these two wage tests gives you a greater deduction ordinary business deductions you through... 'Ll help you get started or pick up where you left off step forward the! The fees that you receive from a tax professional clarity in several areas! For tax years beginning after Dec. 31, 2017 received by a partner for services performed as a.! For services performed as are board of director fees qbi partner ; and the guidance from the IRS doesn & x27. Provide examples on which professions are included and excluded in the owner & # x27 ; t specify if of... Elaborate and provide examples on which professions are included and excluded in the news interest are. Isn & # x27 ; fees are in addition, the IRS doesn & # x27 ; duties and are! Of a gas company half of the board of directors & # ;.
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