Legal Advice...

Golfcart · Dec 30, 2013

Good afternoon gals and gents,

What did you successful business owners get your information before you started your business? I'm at a lost, as to what I should pay for (lawyers). I have questions about contracts, to taxes, and business license information.

I know I can go to the city for the majority of this, but I know a few people doing photography as a side job with no business license. I'm not trying to avoid paying taxes, I'm just wondering if I need to get a business license right from the beginning. Since I'm in California, I'm finding I needing permits for everything. I know I can't avoid this, it's just a bit overwhelming when you're not used to worry about this. It's much easier to worry about what shutter speed or fstop I should use.

I know there is a lot of questions in this short post and I apologize, I'm just curious if there is a one stop place or book I can read to get all the information I need on starting a photography business. I'm not looking for the easy way out, I've already been putting a lot of time and work into getting my photography where its at today and I understand it still has a long way to go, but I'm here for the commitment.

Thanks guys! Appreciate all your advice you leave on my posts.

Take care.

tirediron · Dec 30, 2013

Call your local municipal / county office and they will be glad to tell you exactly what you need as far as permits & licenses. As for legal & business advice, book a consultation with a local lawyer who deals in contract & IP law as well as a CPA. I would expect to spend several hundred dollars for each of them for a one-hour consultation, which might seem like a lot of money, but when you compare it to the potential costs & fines that could be levied for running an unlicensed business... small potatoes!

JoeW · Jan 9, 2014

Tirediron is correct--if you contact your local govt, they will likely have an office specifically set up to help a new business negotiate setup and startup issues. Additionally, contact SCORE (which I believe is under the US Dept. of Commerce). SCORE consists of retired business owners and executives. They'll try to find someone near to you and with your area of interest. They can offer advice on how to get loans, what business form to take, licensing, marketing, etc.

KmH · Jan 9, 2014

ronlane · Jan 9, 2014

I'm not a lawyer and I don't play one on TV or radio. And even if I were, I wouldn't want anything to do with California Law.

That said, I defer to the wonderful answers provided above. These guys know there stuff.

Jetmugg · Jan 9, 2014

Most likely, there will be someone at your local (city hall, etc) municipal entity who will be willing to take your money in exchange for a license to do business. They like money.

The_Traveler · Jan 9, 2014

The Small Business Start-Up Kit for California: Peri Pakroo J.D.: 9781413316827: Amazon.com: Books

JerryVenz · Jan 10, 2014

We ran our photography business for over 20 years ( both in our home and then for 14 years at a commercial store-front in downtown Saratoga ) in the heart of Silicon Valley.

We always had a business license AND filed with the State Franchise Tax Board--if you sell retail you must collect and pay State sales tax--DON'T MESS WITH THE FRANCHISE TAX BOARD!! They shut-down my Mother's business for IRREGULARITES!!

And in California you are required to charge your clients SALES TAX on EVERYTHING--YOUR LABOR AND PRODUCTS!! Why because you can't produce your porduct without said labor. So, we were collecting some hefty sales tax, doing weddings at $3000 to $8000 a pop!!

Next, PERMITS to do photography on City, County, and State property. ALL require PERMITS. If you are doing protraits of people for money at any City Park, County Park, or State Beach--and most ALL the beaches in California are STATE BEACHES--you are required to obtain permits in advance.

Permits for photography on State Beaches are obtained from the CALIFORNIA FILM COMMISSION--check out the website--and these permits can only be obtained for photography during the week--YOU CAN'T GET A PERMIT FOR WEEKENDS. You don't WANT to be on most beaches, in California,on the weekends, and attempt photography of people anyway!!

In addition, to get the State Permits you also must have at least $1,000,000 in Liability Insurance AND you have to put the State of California on your policy!!

Oh, almost forgot!! When we had our business HOME BASED we were not required to pay the COUNTY PROPERTY TAX but as soon as we got set-up in our store-front--here came the County Tax Man!!

Hope this helps--stay legal and don't forget to add all these COST TO DO BUSINESS IN CALIFORNIA to your price structure!!

Golfcart · Jan 11, 2014

Thanks guys for all your input. Last week I went down to the City for my business license. I figured it would be the best thing in the long run.

If I can agree with anything that was said...they all want money. Its kind of a stinker.

Anyways, thanks again guys.

robbins.photo · Jan 11, 2014

Golfcart said:
Good afternoon gals and gents,

What did you successful business owners get your information before you started your business? I'm at a lost, as to what I should pay for (lawyers). I have questions about contracts, to taxes, and business license information.

I know I can go to the city for the majority of this, but I know a few people doing photography as a side job with no business license. I'm not trying to avoid paying taxes, I'm just wondering if I need to get a business license right from the beginning. Since I'm in California, I'm finding I needing permits for everything. I know I can't avoid this, it's just a bit overwhelming when you're not used to worry about this. It's much easier to worry about what shutter speed or fstop I should use.

I know there is a lot of questions in this short post and I apologize, I'm just curious if there is a one stop place or book I can read to get all the information I need on starting a photography business. I'm not looking for the easy way out, I've already been putting a lot of time and work into getting my photography where its at today and I understand it still has a long way to go, but I'm here for the commitment.

Thanks guys! Appreciate all your advice you leave on my posts.

Take care.

Best legal advice I can give you is never take legal advice from a guy off the internet. As tirediron mentioned there are plenty of sources for good information in your local area, I would add the Small Business Administration to the list of folks to contact.

Golfcart · Jan 11, 2014

This post was intended to get me looking in the right direction and in contact with those that would know. I understand any advice or information online is risky and I accept it as that.

Thanks for your concern, I am definitely doing my research.

imagemaker46 · Jan 12, 2014

I guess it must be more complicated to register a business in the US, I simple filled out the forms online, as well as my tax registration form, paid my money and three weeks later had a business licence and tax number for the business. I stayed at a Holiday Inn Express once so I was able to look after the lawyer side of things myself.