Got my DBA.....but now...

[msamadani]

Im confused as heck on the states site for getting my sales tax I.D. I am on the page with the North American Industry Classification System (NAICS). What are we as photographers classified as? I dont know which one to choose....or does it matter?


Michael

[camera shy]

NAICS - Search Results

[msamadani]

thank you

[cassmartinez]

I'm going to jump in here on your post because it looks like I'm not far behind you. I don't need a DBA because I go under my name but I am confused on how to become legal. I see things that say I need a business license but I am not sure how to go about getting this? I have searched it a lot and am getting more confused.

[camera shy]

Originally Posted by cassmartinez

I'm going to jump in here on your post because it looks like I'm not far behind you. I don't need a DBA because I go under my name but I am confused on how to become legal. I see things that say I need a business license but I am not sure how to go about getting this? I have searched it a lot and am getting more confused.

A DBA is not usually required unless the bank requires it to open a commercial account ( never co-mingle your photo and personal assets ).

But, I can come in any time and file a DBA as let's say Cassandra PHotos even though that is the name you are using. See what I mean ?

[HotHolly]

Texas is one of those states that doesnt require a biz license. What Robin said on the DBA - usually the bank wants it. To be legal, you need a tax id # to charge sales tax, and to not be stupid, you need proper insurance. :o) Make sure you have the correct kind.

[TxTowman]

So how much is insurance?

I have a farm liability policy, but I doubt it will cover clients.

[Tom]

Originally Posted by TxTowman

So how much is insurance?

I have a farm liability policy, but I doubt it will cover clients.

TCP&Co.

This is who I use, as do tons of the pro sports photographers.

I pay around $700/year broken into quarterly payments.

2mm general liability
18k gear
10k borrowed/rented gear
5k computers off-site
I get Errors and Omissions coverage through PPA.

[andyz]

Unless it changed, it is actually a misdemeanor in Texas to operate as a DBA without filing it. That was a Texas Business and Commerce Code requirement I used to be familiar with. Just an FYI.

[camera shy]

Originally Posted by andyz

Unless it changed, it is actually a misdemeanor in Texas to operate as a DBA without filing it. That was a Texas Business and Commerce Code requirement I used to be familiar with. Just an FYI.

Learned something Thank You.

All businesses in Texas operating under an assumed name must file an Assumed Name Certificate with the County Clerk's Office in the county which the business primarily located.

Corporations, LLCs, LLPs, and limited partnerships must file an Assumed Name Certificate with the Texas Secretary of State in addition to a separate Assumed Name Certificate with the county in which the registered business' main office is located.

[pbyd]

You may be in business without having a DBA in Texas, what a DBA does is let you use a name other than your given name in banking and legal matters (Doing Business As). As was stated above, if you do not have the DBA someone else can get a DBA in the name of your business. A DBA cost very little and is good for 10 years (just don’t forget to renew if you are still in business). A bank will not give you a business account without a DBA, the reason being, if you opened an account under the name “Bills Fairly Good Photographs” and did not have a DBA, I could get that DBA and then I could claim your bank account and would have a good legal start at taking over your business.

To be legal in the State of Texas, you are required by law to collect and remit sales tax, you are also required to pay Business Personal Property Tax, and if you are in the City of Houston (and many other cities) you are required to have an Occupancy Permit. The fine and penalty for not following the laws can be very expensive, the fine for no Occupancy Permit in the City of Houston is $500.00 per day, and not following the tax codes will have fines and penalties.

Insurance, you should never be without, but there is no law that requires it. Most of the commercial jobs I do require a minimum of two million coverage.

Now with that said, the majority of “Photographers” do none of the above, if you are a professional photographer and do what the law requires, you will see that it is not a level playing field, but it never has been and most “Photographers” will never be in compliance with the laws of their States, as they are not professional but only trying to impress them selves and their friends.

Just as some of the above is Correct, some of it is only my opinions, and nothing more,
Wayne
Photography by Design

[ronocnikral]

Originally Posted by pbyd

You may be in business without having a DBA in Texas, what a DBA does is let you use a name other than your given name in banking and legal matters (Doing Business As). As was stated above, if you do not have the DBA someone else can get a DBA in the name of your business. A DBA cost very little and is good for 10 years (just don’t forget to renew if you are still in business). A bank will not give you a business account without a DBA, the reason being, if you opened an account under the name “Bills Fairly Good Photographs” and did not have a DBA, I could get that DBA and then I could claim your bank account and would have a good legal start at taking over your business.

To be legal in the State of Texas, you are required by law to collect and remit sales tax, you are also required to pay Business Personal Property Tax, and if you are in the City of Houston (and many other cities) you are required to have an Occupancy Permit. The fine and penalty for not following the laws can be very expensive, the fine for no Occupancy Permit in the City of Houston is $500.00 per day, and not following the tax codes will have fines and penalties.

Insurance, you should never be without, but there is no law that requires it. Most of the commercial jobs I do require a minimum of two million coverage.

Now with that said, the majority of “Photographers” do none of the above, if you are a professional photographer and do what the law requires, you will see that it is not a level playing field, but it never has been and most “Photographers” will never be in compliance with the laws of their States, as they are not professional but only trying to impress them selves and their friends.

Just as some of the above is Correct, some of it is only my opinions, and nothing more,
Wayne
Photography by Design

Just to clarify, I have linked to some information to some gubmint websites.

Inspections - This states that Occupancy permits are needed for commercial buildings only, one has 10 days before any fines are issued and that residential dwellings are exempt.

www.houstontx.gov/onestop/onestop.ppt - Slide 26 of this COH slide deck covers the above information.

you are insane if you don't collect sales tax b/c it is paid by the client! the license is free, you're just the middle man. the state decided instead of chasing down every citizen, it would come after the businesses (smart).

BPP comes out be under $300/yr for some. Penalties range from 10% (so $30) or 50% if they can prove your intent to evade taxes ($150). The state doesn't tax your property, your CAD does.

missed you this weekend wayne, just wasn't the same without you!

[Tom]

Conor, were you at the Extravaganza? I stopped by to say hi to a couple friends, and would have said hi if I knew you had a booth.

[XtremePhoto]

Originally Posted by ronocnikral

Just to clarify, I have linked to some information to some gubmint websites.

Inspections - This states that Occupancy permits are needed for commercial buildings only, one has 10 days before any fines are issued and that residential dwellings are exempt.

www.houstontx.gov/onestop/onestop.ppt - Slide 26 of this COH slide deck covers the above information.

you are insane if you don't collect sales tax b/c it is paid by the client! the license is free, you're just the middle man. the state decided instead of chasing down every citizen, it would come after the businesses (smart).

BPP comes out be under $300/yr for some. Penalties range from 10% (so $30) or 50% if they can prove your intent to evade taxes ($150). The state doesn't tax your property, your CAD does.

missed you this weekend wayne, just wasn't the same without you!

This may well be true, however you need to know that IF a residence is used for business (i.e. you see clients in it) it just became a commercial building. AND it must meet numerous ADA Regulations and Codes as well.

So if you are a home based business, as long as you DO NOT see clients in your home, you are not required to have an Occupancy Permit.

Their description isns't quite adequate when it comes to the 'definition' of commercial.

-G-

[pbyd]

Conor,
Yes, if you do business in your home (meeting clients, ECT) you do have to have an occupancy permit, (but so few people do), but a lot of people run red lights and it only hurts when you get busted.

Every one must pay Business Personal Property Tax on all property and equipment used in the business, again, so many people find it easier to break the laws than to follow them. I have heard all kind of reasons given for not running an ethical business, and then they wonder why they are not thought of as professional.

I really did not miss the show at all :)
After 22 consecutive Bridal Extravaganza shows I know
I have made the right decision in stopping.
I did miss seeing you and your lovely wife.
Drop by sometime.
Wayne
Photography by Design