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Old 11-16-2008   #1
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Question Business License for Smugmug, Zenfolio sales?

I'm going to have the print store feature enabled on my gallery (non-portrait landscape photos) and was just wondering if by selling these photos on a site such as Smugmug or Zenfolio does that automatically make me an individual-based business, and require me to obtain a business license? This is kind of a gray area for me and I just want to be covered.

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Last edited by Dante; 11-16-2008 at 03:30 AM.. Reason: clarified type of image being sold
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Old 11-17-2008   #2
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Default Re: Business License for Smugmug, Zenfolio sales?

Quote:
Originally Posted by Dante View Post
I'm going to have the print store feature enabled on my gallery (non-portrait landscape photos) and was just wondering if by selling these photos on a site such as Smugmug or Zenfolio does that automatically make me an individual-based business, and require me to obtain a business license? This is kind of a gray area for me and I just want to be covered.
Hi Dante,

You do not need a business license if you are selling your images through SmugMug and making commissions.

Markham
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Old 11-18-2008   #3
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Default Re: Business License for Smugmug, Zenfolio sales?

Thanks for the reply Markham I just want to be legal, the IRS can be unforgiving
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Old 11-18-2008   #4
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Default Re: Business License for Smugmug, Zenfolio sales?

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Thanks for the reply Markham I just want to be legal, the IRS can be unforgiving
A business license and the IRS are two very different things. If you're selling a product the IRS WILL want their share. A business license is an issue with the city/county that you're doing business in. Check with a business attorney to be safe.
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Old 11-18-2008   #5
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Default Re: Business License for Smugmug, Zenfolio sales?

They're your images and they are for sale.If sales generate $400 or more in revenue for you,you are considered to be in business and taxes must be paid-federal and State/local.
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Old 11-18-2008   #6
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Default Re: Business License for Smugmug, Zenfolio sales?

Except that it doesn't matter if you only make ten cents, you MUST pay taxes on any non-exempt income, regardless of source. If you make less than $400 TOTAL INCOME (not just from your photography), you don't have to pay taxes. A business license is required for RESALE, not for original creator.
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Old 11-18-2008   #7
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Default Re: Business License for Smugmug, Zenfolio sales?

Sorry Markham but you don't know what the hell you are talking about. You need a business license to operate a business and if you are selling images on SmugMug and only making commisions, you still need a business license.

I love all these people who don't know crap about business telling others how to operate their businesses. What's better is the fools who listen to them!

For God's sake man, how many years do you intend on spending in jail for tax cheating? Don't write to me from prison because I would only laugh at your stupid ideas.

Don't you think the City, County, State and Feds expect tax income from your sales? Hello, anyone home?

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Hi Dante,

You do not need a business license if you are selling your images through SmugMug and making commissions.

Markham
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Old 11-19-2008   #8
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Default Re: Business License for Smugmug, Zenfolio sales?

You will also have to list(claim) and pay taxes on business personal property-all items necessary for the creation of your work.
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Old 11-19-2008   #9
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Default Re: Business License for Smugmug, Zenfolio sales?

Oh my goodness. What a potpourri of bad info. Two guys you need: a lawyer and a CPA. In this case, you'd want to call your CPA.
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Old 11-19-2008   #10
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Default Re: Business License for Smugmug, Zenfolio sales?

I'm a member of Smugmug and before I had my business license i sold a few pictures. The money goes into Smugmugs account and they hold it. To get the money you will need to fill out a tax ID for and fax it to Smugmug. That form needs your business name and Tax ID #. So in other words you can sell prints without it, but you never get the money from Smugmug without the propper buisness info.

Just do yourself a favor and call a CPA. It will save you money in the end and you certainly don't want to take a chance of messing your taxes up!!

Best,
Jay


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