Business License Question....

PictureThis!PictureThis! Registered Users Posts: 107 Major grins
edited January 11, 2008 in Mind Your Own Business
I had put in a request to bid for a job as photographer for our local youth sports program. Today, I got a letter from the city saying that their records show I've done a few jobs in the city along with submitting bids for future work and a 2006 & 2007 business license was not purchased, taxes weren't filed, they're going to follow up on my company...... I don't live in the city limits. I don't have a 'business' in the city limits. True, a good bit of the pictures that I take are within city limits, but since when does someone need a license to take pictures? I'm not being paid to be there to take pictures. I make money from selling pictures online. If that's the case, any football game, beach trip, etc. am I going to have to get a business license from that city in case I ever decide to sell a picture that I've taken there? I could understand if I was being paid to shoot these events, or if I lived in the city (therefore uploading pictures from a computer in the city). I am bidding on a 2008 job, so I'm not sure why they're attacking me all the way back to 2006. BTW, I am registered with my state to pay sales/use tax.

The letter stated that "ordinance xxxx-xxxx requires that any person, firm, partnership, corporation, organization, association, membership cooperative, agency or other group engaging in business of any nature in the city of x pay to the city of x a license fee annually."

Does anyone have any suggestions/comments/advice? I'm not really sure where I stand on this. It also says threatens that any jobs done this year before I get my city license will have a penalty added or possible a citation will be given!!! Well, I've already shot an event last weekend! Any replies are appreciated.
______________________________________
www.michellesphotographyonline.com

Michelle Martin
Control your destiny, or someone else will.

Comments

  • SamSam Registered Users Posts: 7,419 Major grins
    edited January 11, 2008
    Let me explain this. All governments, federal, state, local, etc. believe they own everything, and must control everything. They do after all let you keep 50% to maybe 70% of their money.

    Sometimes they even do something for the money, not often mind you, but to be fair on rare occasion they do.

    Now that said, getting to the practical side: If you have compromising photos of the mayor, or own a small army, you don't have to pay no stinking business license fees.

    For the rest of us it's much easier to just pay them. It's not normally a very large amount. :D

    Sam
  • ArchiTexasArchiTexas Registered Users Posts: 107 Major grins
    edited January 11, 2008
    Rules vary from place to place, you'll have to research the local rules to see if they apply to you.

    As for taxes, I found the following document useful in understanding (vaguely) what services are taxable and which are not. Although it is written specifically about tax laws in California (where I don't live) this document still provides a useful overview of typical government "think" as it applies to photography. After reading it I was forced to research what some of the equivalent rules were here in Texas:

    Tax Tips for Photographers, Photo Finishers, and Film Processing Labs

    http://www.boe.ca.gov/pdf/pub68.pdf
    http://erfphotoart.com

    Olympus E510 and Gigapan mount
  • PictureThis!PictureThis! Registered Users Posts: 107 Major grins
    edited January 11, 2008
    Thanks guys! I am going to do a little more research over the weekend before I contact 'the city'. I just panicked when I read the letter. I felt a little threatened and attacked by it. I've been minding my own business and then wham..... (lol). For those that may have this happen to them in the future, I'll keep y'all posted on the outcome and findings. I don't mind paying fees and such to stay in good with everyone, but only if I have to.
    ______________________________________
    www.michellesphotographyonline.com

    Michelle Martin
    Control your destiny, or someone else will.
  • SamSam Registered Users Posts: 7,419 Major grins
    edited January 11, 2008
    Thanks guys! I am going to do a little more research over the weekend before I contact 'the city'. I just panicked when I read the letter. I felt a little threatened and attacked by it. I've been minding my own business and then wham..... (lol). For those that may have this happen to them in the future, I'll keep y'all posted on the outcome and findings. I don't mind paying fees and such to stay in good with everyone, but only if I have to.

    This is the right approach. Seriously, if we need to have a license, or pay a tax, we need to do it, but as you stated only when you need to. Do you research, and beware of the drones. Do let us know what the outcome is.

    Sam
  • jnealjneal Registered Users Posts: 14 Big grins
    edited January 11, 2008
    That sounds like the threatening tone I get with EVERY letter I get from any of the citys I deal with.
    I swear they do not understand the word tact. Every letter seems to have a "lawer" behind it. ne_nau.gif
  • PictureThis!PictureThis! Registered Users Posts: 107 Major grins
    edited January 11, 2008
    Well, one of my specialties is sports. I can't imagine getting a license from every city that I visit in a year. Very time-consuming and costly! Some of the weddings that I do are a pretty good distance from my home.

    I thought that if I wasn't getting paid for an event (back to sports), then I'm just like any other mom there taking pictures. ????? Who knows....
    ______________________________________
    www.michellesphotographyonline.com

    Michelle Martin
    Control your destiny, or someone else will.
  • ChatKatChatKat Registered Users Posts: 1,357 Major grins
    edited January 11, 2008
    Wrong kind of Tax for California
    The link above from ArchiTexas applies to Sales Tax and Photographers. It's very complex here in California. They do get us coming and going! But that is a different kind of tax than a City Business License - which is a permit to work in a city and you are taxed to do that. Sometimes it's a flat amount, sometimes it's a percentage of gross receipts (all money you take in - before expenses even!)

    In the City of Los Angeles - and most local cities/municipalities in California, you are required to have a business license to work there. That includes taking photos. If you have a contract to shoot with the local school board or sports team, you would need a business license.

    If I work in Los Angeles and my business is based in Thousand Oaks, technically, I need to pay city tax and have a City of Los Angeles Business License. By the same token, I could reduce my fees to the City of Thousand Oaks. They have regulations like that with reciprocity.

    In California they match your tax returns to the City records for having a business license. And sometimes they match the businesses in the city to see if you did work within the city. Everyone wants their fair share of tax and not one is happy to pay it!

    Sometimes there is a reduced rate if your business makes less than X dollars, but you won't know that until you find out what the local rules are. Your accountant is the best source for that information. I wear that hat around here (If I am not shooting!) so I can answer that question.
    Kathy Rappaport
    Flash Frozen Photography, Inc.
    http://flashfrozenphotography.com
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