Question:
Do I need a business license to sell photography?
?
2013-05-29 10:08:45 UTC
Obviously I understand that if I were a professional photographer with my own studio space and clients this would be a minimum.
My situation is that I'm basically a hobbyist photographer. I take great images, usually of landscapes, plants, etc. (I enjoy hiking and obtain many great photos this way). I get some requests from people to get them a print, usually of an individual photo for their wall. I'd like to promote myself a bit and start putting my work online in a more professional manner, also considering selling many of my images through stock and other sites. I would also still offer to make prints of my photos for others, but I don't see myself making much money, I would just like to get my work out there so to speak, have a portfolio site and some business cards on hand. If I was selling my work other than through micro stock I would likely do so through a site like Etsy.
From what I've researched online I get mixed answers. It seems that in my case I don't need to register a business or get a license or tax ID for these purposes as it is primarily a hobby and I don't see myself making profit right away. Others say that you only need to register your business so you can see the name isn't taken, and then even more confusing others say that yes in order to sell online you need to register, also a tax ID and a business license.
I'm looking for some input here. Again, I don't plan on working WITH people on photo shoots at the moment, just primarily offering my work for sale online as art and/or stock.
Fifteen answers:
monophoto
2013-05-30 18:53:57 UTC
The issue comes down to what exactly constitutes a 'business/ in Oregon, and whether what you will be doing meets that definition.



I'm a photographer and a wood turner, and I've sold sa few photographs and turned items. Cash transactions only, and never in craft or art shows. I don't have a business license.



But if I were to get into the routine of setting up a booth at craft/art shows, I would need to do several things:

1. Make arrangements to accept credit cards (that's a business reality, not a matter of law)

2. Register with the local tax authorities and display a tax certificate, and be prepared to charge sales tax (because here in NY, the state tax authority sends inspectors to craft/art shows to inspect those certificates and make sure that taxes are being collected)

3. Purchase liability insurance
anonymous
2016-11-07 09:06:36 UTC
Photography Business License
anonymous
2016-12-20 11:45:27 UTC
1
callmequirky
2013-05-29 10:45:01 UTC
If you're selling through POD(print on demand) sites such as Cafe Press, Red Bubble, Society 6, Zazzle, Fine Art America, you don't need a business license. You don't have to deal with customers because they handle the printing, mailing, returns, etc. They send you a 1090 tax form at the end of the year, and you file as a freelance. Of course you won't get rich, but not having to deal with the public or having to keep an inventory makes it worthwhile. Etsy has a community message board where you might get a better answer regarding business licenses.
anonymous
2016-03-10 03:41:47 UTC
No!! Obviously if you end up making lots of money, like running your own business and making your living from photography, you'll need to pay income tax, or become VAT registered if you sell enough. But there are no "photography licences" in the UK I really don't think you need to worry much about selling the odd picture.
?
2013-05-29 10:43:10 UTC
If you are selling photography, then you are a professional.



Whether or not you need a business license depends quite a bit on your local and state laws. One of the biggest deciding factors (but not the only) is if you are selling anything that you need to collect sales tax on, then you absolutely need a business license.



If you are selling through sites like Etsy, you will need to collect taxes on products sold in your state, so you will need a business license.







There are other ways to sell images in which you MAY NOT need a business license. For example, if you sell your images through a website like Photoshelter, they will print and ship your the images and handle collecting and paying the necessary sales tax. You will be paid a commission or licensing fee for your image.



Since in those cases you are being paid a commission instead of selling tangible goods, you will not need to deal with sale tax. The commission is still classified as 1099 income for the purpose of your federal and state income taxes. This is the same for stock agency income.





You do not need to register your business if you are operating as an individual using your own name, such as how you would operate through a stock agency or Photoshelter.



Making a profit doesn't affect your need to register. Making income does. Even if you report a net loss, you may still owe sales taxes based on your income.





In general if you are earning your income through 1099 as opposed to gross sales or W2 income you may not need a business license, but you will need to claim your income.



You do not need any type of federal tax ID if you are running your business as a Sole Proprietor ship or a single member LLC. It is the same in most states. If you have a partnership or a standard corporation model for your business, then you must have a federal tax id such as an EIN, and register your business with the state.





One of the common questions on here is how to name your photography business. If you just use your name, it makes a lot of the legal process of starting a business much simpler. It enables you to just be a sole proprietor and use your SSN as your tax ID. Most states do not require a Sole Prop to register if they use their own name.





As always you should speak to an accountant about the specific tax laws where you live for the best advice.



Edit:

Jonas is a good example of someone you should not listen to. Just because Etsy didn't require it, she may or may not be flouting state law by not obtaining a business license. If she lives in a state with sales tax, she could be charged with tax evasion and spend time in jail.



Oregon will not require you to get a state license for a sole proprietorship, however if you are using any name other than your own for the name of your business you are required to register it with the Secretary of State.



Also you are may be required to obtain a local business license.





Use this wizard to determine what agencies you need to contact:

http://egov.sos.state.or.us/br/pkg_bc1_web_interview.bic_home
anonymous
2014-09-25 20:58:14 UTC
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anonymous
2016-04-11 05:01:30 UTC
For the best answers, search on this site https://shorturl.im/avQdT



If you run it in a commercial fashion - it is obvious you need to pay taxes. Selling an odd one or two or even a bunch for a buck is not going to attract the tax man. Keep your nose clean - if you make significant amount of money, just declare it in your income tax filing whether you register as a business or not. You will get to deduct the cost of photo equipment on a depreciated basis over several years and write it off against the money you make selling your photos. Keep receipts and keep record of sale of your photos. Good record keeping will keep the tax man at bay. Good luck.
Jonas Fan Forever!!!!!
2013-05-29 11:25:22 UTC
I sell jewelry on Etsy and I did not need to register as a business for it nor did I need a tax ID number. I'm pretty sure there was an option as a hobby or business and as long as it's a hobby you will be fine.
?
2016-04-23 21:31:06 UTC
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?
2017-02-28 02:57:09 UTC
2
anonymous
2014-08-02 18:48:27 UTC
Hello,

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Cheers.
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2016-04-23 03:31:24 UTC
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anonymous
2016-08-22 01:09:45 UTC
I have asked this same question 4 times, and not gotten a good answer
Vinegar Taster
2013-05-29 10:39:15 UTC
Yes.


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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