Putting items on display and then getting SmugMug sales

Photog4Christ · July 30, 2009

I was reading over the "free booth at a festival" thread and was wondering the following:

I was asked if I would consider displaying at a local farmer's market because they don't really have any arts representation (and would like some).

But....

If I have a booth and make any monetary transactions at the booth, then I would have to register with:

1) The town's business office
2) The county Dept. of Revenue
3) The State Dept. of Revenue (for a sales tax and use license)
4) etc.......

or

If I sent them to SmugMug to make the purchase I **may** not have to do 1 - 4 above because technically speaking, they would be making the transaction with SmugMug and not me. I say "may" because I would have to confirm with the town I am still legal on everything else.

But.... How would I get them to go to my web site? In person sales are going to happen over online sales because then there will be impulse buys, etc...

I guess I could (if there is wi-fi) set up a laptop and have them order off the laptop (yeah right).

Or.... If SmugMug had coupons (sorry, just had to say that) I could make a special coupon to entice them to visit the website and make a purchase.

Comprende????

Comments?

Thank you.

sweet caroline · July 30, 2009

In my state (Texas), even online sales to people within your state require you to collect sales tax, which is accomplished by having sales tax included in your print price. Any photo session is taxable if it results in the sale of prints or digital images, even if the images are delivered electronically. They have a few special sentences concerning photography in particular so there's not much room to misinterpret the law:) Getting the sales and use permit for my area was just a matter of applying online, and I file online quarterly. Not so hard. There was not separate county and state, it was all part of the same application and filed simultaneously.

Have your already checked about special provisions for having a booth for whether you need a business license? Not all areas require a business license if you meet certain criteria. I can run my business from my home without a license as long as I don't have x number of clients coming and going in a day or more than one non related employee on site.

Bottom line, all this varies by state and county, so you'll have to check your local laws. Some states have updated sales tax laws to take into account internet business and online photography sales.

Caroline

Photog4Christ · July 30, 2009

sweet caroline wrote:

In my state (Texas), even online sales to people within your state require you to collect sales tax, which is accomplished by having sales tax included in your print price. Any photo session is taxable if it results in the sale of prints or digital images, even if the images are delivered electronically. They have a few special sentences concerning photography in particular so there's not much room to misinterpret the law:) Getting the sales and use permit for my area was just a matter of applying online, and I file online quarterly. Not so hard. There was not separate county and state, it was all part of the same application and filed simultaneously.

Have your already checked about special provisions for having a booth for whether you need a business license? Not all areas require a business license if you meet certain criteria. I can run my business from my home without a license as long as I don't have x number of clients coming and going in a day or more than one non related employee on site.

Bottom line, all this varies by state and county, so you'll have to check your local laws. Some states have updated sales tax laws to take into account internet business and online photography sales.

Caroline

Right, and most of what you said applies to my state too. I would have to check into specifics.

But.... Technically speaking, they are not purchasing from me, they are purchasing from SmugMug.

sweet caroline · July 31, 2009

But.... Technically speaking, they are not purchasing from me, they are purchasing from SmugMug.[/QUOTE]

That's what I thought at first, but if you mark up the prints, they are buying from you. My state has a clause about using a hosting site that covers this scenario. My state makes it clear that I must still collect taxes.

Photog4Christ · July 31, 2009

Okay, thank you.

I will definitely confirm with the appropriate officials before proceeding.