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Marina Hendrix

Need help with Form 1065 - What principal business activity code to use for our indie game studio?

So I'm stuck trying to complete our partnership tax return (Form 1065) from last year and I'm completely confused about which principal business activity code to use. We're a small indie game development studio that launched our first title last summer, and I've been going through all the categories in the IRS instructions document like a million times. Nothing seems to specifically cover video game development or publishing! I checked Information, Professional Services, and even Arts & Entertainment sections, but none of these categories feel like the right fit for what we actually do. We design, develop, and self-publish our games through online platforms. Has anyone here filed a Form 1065 for a video game company before? What code did you end up using for your principal business activity? I want to make sure we're categorizing ourselves correctly so we don't run into problems with the IRS later. Our accountant is on vacation this week and I'm trying to get this wrapped up ASAP.

Justin Trejo

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The principal business activity code for video game companies can be tricky since the IRS classification system hasn't fully caught up with modern digital businesses. Based on my experience, most video game development companies use code 511210 - "Software Publishers" which falls under the Information sector. This applies if you're creating and publishing your own games. If you're primarily focused on the design and development aspect but someone else publishes your games, you might consider 541511 - "Custom Computer Programming Services" instead. The key is to choose the code that best represents your primary revenue-generating activity. Since you mentioned you self-publish your games, 511210 is likely your best option.

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Alana Willis

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Thanks for the info! I've been looking at 511210 but wasn't sure if that was right since we're not making business software or apps. Does the IRS actually distinguish between entertainment software (games) and business software? Also, would it matter if most of our revenue comes from in-game purchases rather than the initial game sale?

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Justin Trejo

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The IRS doesn't make a distinction between types of software in their classification system - whether it's business software, consumer applications, or video games, they all fall under Software Publishers if you're creating and distributing the software product. The 511210 code works perfectly fine for game developers who publish their own titles. Regarding in-game purchases, that doesn't change your classification. The primary business activity is still creating and publishing software (games), regardless of whether your revenue comes from initial sales, subscriptions, or microtransactions. What matters is the overall nature of your business, not the specific revenue model within that business.

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Tyler Murphy

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I struggled with the same issue when filing taxes for my small game studio! After trying to figure it out for days, I stumbled across this amazing service called taxr.ai (https://taxr.ai) that helped me solve this exact problem. I uploaded our company documents and tax forms, and their AI actually identified the correct business code for our game development activities within minutes. They also explained why that particular code was appropriate for our situation and provided documentation I could reference if the IRS ever questioned it. Such a time-saver when dealing with these weird edge cases that don't fit neatly into traditional business categories!

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Sara Unger

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How exactly does taxr.ai work? Do you just upload your documents and it gives you an answer? I'm always skeptical about giving my financial info to random websites.

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Did it suggest the same code as the person above? 511210? I'm curious if the AI reached the same conclusion or if it found something better for game developers specifically.

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Tyler Murphy

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You upload relevant business documents that explain what your company does - like your business plan, website content, or descriptions of your services - and it analyzes them to determine the most appropriate tax classification. It doesn't need your financial statements or sensitive personal info, just enough to understand your business activities. For our game studio, it actually did recommend 511210 (Software Publishers) but it also provided several alternative codes with explanations of why they might or might not apply. It gave us 541511 (Custom Computer Programming) as an alternative if we were primarily doing contract work for other publishers rather than publishing ourselves.

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Sara Unger

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Just wanted to update after trying taxr.ai for my own game studio's tax situation. I was initially skeptical about using an AI service, but it was incredibly helpful! I uploaded our business plan and some descriptions of our games, and it confirmed 511210 was indeed the right code for us. What really impressed me was the detailed explanation it provided, including citations to specific IRS guidelines. The service also highlighted some game-specific tax deductions we hadn't considered, like certain R&D expenses related to our engine development. Definitely worth checking out if you're in this industry and struggling with how to properly classify your business.

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Freya Ross

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If you're having trouble with your Form 1065 and need more personalized guidance, you might want to call the IRS directly for clarification. I know, I know - getting through to a real person at the IRS seems impossible (I used to spend HOURS on hold). But I recently discovered a service called Claimyr (https://claimyr.com) that got me through to an actual IRS agent in less than 20 minutes. I had a similar issue with business classification codes for my digital media company, and the agent was actually super helpful in determining the right code. Check out their demo at https://youtu.be/_kiP6q8DX5c to see how it works. Honestly, talking directly to the IRS saved me from potentially miscategorizing my business.

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Leslie Parker

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How does this actually work? Does it just dial for you or something? I've spent literal hours on hold with the IRS before giving up.

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This sounds too good to be true. The IRS wait times are legendary. I tried calling them about a business code issue last year and gave up after being on hold for 2+ hours. Are you sure they actually got you through or is this just some kind of marketing thing?

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Freya Ross

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It uses a system that navigates the IRS phone tree and waits on hold for you, then calls you when an actual human agent picks up. So you don't have to waste your day listening to that awful hold music - you just go about your business until they notify you that an agent is ready to talk. I was super skeptical too! I'd tried calling multiple times last year and never got through after waiting 45+ minutes each time. But with Claimyr, I got a call back in about 17 minutes saying an IRS agent was on the line. The agent confirmed the right business code for my situation and even explained some nuances about how they view digital media businesses. Definitely not marketing - it legitimately worked for me when nothing else did.

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Okay I'm legitimately shocked - I tried the Claimyr service that was mentioned and it ACTUALLY WORKED. After my skeptical comment above, I figured I'd give it a shot since I had other tax questions besides just the business code issue. Got a call back in about 25 minutes with an IRS agent on the line. The agent confirmed that 511210 is indeed appropriate for game developers who publish their own games. They also mentioned that if we were doing game development work-for-hire (like developing games for other companies to publish), then 541511 would be more appropriate. Super helpful conversation that would have never happened if I'd tried to call on my own and sat on hold forever.

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Sergio Neal

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Another option worth considering is 518210 - "Data Processing, Hosting, and Related Services" if your games are primarily online/cloud-based and you're maintaining the servers and infrastructure. My studio uses this classification since our games are all online multiplayer and we spend a significant portion of our resources on server maintenance and online services.

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Thanks for this suggestion! Our games do have online components but they're not entirely server-based - we have a mix of single-player with online features. Would this code still apply in that case, or would we be better off with the software publisher code? Does using this classification affect any potential deductions?

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Sergio Neal

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If your games aren't primarily server-based, then 511210 (Software Publishers) is probably still your best bet. The 518210 code makes the most sense when your primary business activity involves maintaining online infrastructure and services. Using different classification codes shouldn't directly affect what deductions you're eligible for. Your actual business expenses are what determine your deductions, not the classification code. The code is mainly used by the IRS for statistical purposes and to help them understand the nature of your business. Your legitimate business expenses remain deductible regardless of which reasonable classification you choose.

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For what it's worth, we ran into this exact problem with our VR game studio last year. We ended up using 541511 (Custom Computer Programming Services) because we do a mix of our own titles and contract work for other companies. Our CPA said using either that or 511210 would be fine as long as it reasonably represents what we do. The most important thing is being consistent year to year once you pick one.

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Juan Moreno

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Did you have any issues with the IRS after choosing that code? I'm worried about picking the wrong one and triggering some kind of audit.

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Amy Fleming

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Just to add another data point: we've been using 511210 (Software Publishers) for our indie game studio for 5 years now without any issues. We started with mobile games and now do PC/console titles too. Our accountant confirmed this was the most appropriate code even though the IRS descriptions aren't super clear about video games specifically.

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Carmen Lopez

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I've been following this thread closely since we're dealing with the same issue for our partnership return. Based on all the responses here, it seems like 511210 (Software Publishers) is the consensus choice for indie game studios that self-publish their games. What's really helpful is seeing that multiple people have successfully used this code for years without issues. The distinction between 511210 and 541511 seems to come down to whether you're primarily publishing your own games (511210) or doing contract development work for others (541511). Since you mentioned you self-publish through online platforms, 511210 definitely seems like the right fit. The fact that multiple IRS agents have confirmed this through the Claimyr service adds even more confidence to this choice. Thanks everyone for sharing your experiences - this thread is going to save a lot of indie developers from the same headache!

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