Anyone have a 'legally recognized" home studio?

[ara.bentley]

I would really like to be able to use my home studio for business so I have been trying to research the certificate of occupancy and what all it involves. I am not having much success with City websites...

Has anyone been through this already? What were the steps. Do I need to bring my house up to code to meet ADA requirements - just to meet with clients and have a home studio?

Thanks, Ara

[ara.bentley]

oh yes - don't know if this will help - but I live in a one story house in a residential part of Arlington.... we have no home owners association in our neighborhood.

I already checked the code and it is zoned to have an in home photography studio.

Got that out of the way already!

[GeraldR]

I took a quick look at the City of Arligton code and it appears that photography studio is an allowed "home business". The quickest way to anwser your questions is to call City Hall. They should put you in contact with the appropriate people that can answer your questions.

[Jeff Lane]

I tried to help a client with a business zoning issue recently, and discovered that if you call the City of Dallas three times, and are lucky enough to get three different people, you'll get four different "authoritive" answers to exactly the same question.

That said, the easiest and best thing really is to just call the City offices and see what they say. The "certificate of occupancy" (hereinafter, "C/O") question will depend entirely on the local ordinances, and how they are interpreted by the local officials. In some cities, no separate C/O is required for permitted home-based businesses, but in others it would be a big no-no to advertise an Amway meeting at your house without the right paperwork. And what businesses are acceptable can even vary from neighborhood to neighborhood in the same city.

One final issue -- check for any restrictive covenants in the chain of title for your property that may not show up in a zoning restriction with a city hall search. Most homeowner's associations (hereinafter, "Home Grown Nazi Organization" or "HGNO") forbid any expression of entrepenurial spirit, but even where no HGNO controls, a previous deed restriction may, and some little old crank two doors down who has lived in the area since it was first settled by Davy Crocket and the Texians could file a suit to shut you down, just for the sport of it.

[brad]

Originally Posted by Jeff Lane

Most homeowner's associations (hereinafter, "Home Grown Nazi Organization" or "HGNO") forbid any expression of entrepenurial spirit

I know of one that prohibits cars with advertising on them from parking where they can be seen from the street! They were threatening one guy who worked for a cable or satellite company (don't remember which) that he had to park his work truck somewhere else or move. How Nazi can you get?

The state statute and the standards mandate accessibility in publicly and privately financed buildings and facilities, as well as facilities leased or occupied by state agencies.

More specifically, TITLE III of the state statue:

All business and service providers providing goods, services, and facilities to customers. “Public Accommodations” include but are not limited to: restaurants, hotels, day care centers, retail stores, recreation centers, gas stations, beauty salons, places of assembly, etc. (Note: Private clubs and religious organizations are exempt.) If an office is located in a residence and the customer needs access to the office, then the entrance, hallway and restroom must be accessible.

http://www.tdlr.state.tx.us/ab/abtas.htm

[CobyPhoto]

This Title is exactly why many people DO NOT see clients in their home. It can be extremely expensive and tedious to gain a CO for a home (unless it was originally built this way. ADA Compliant.)

Research and know what you are gtting into BEFORE you do this! If the city has CO requirements (and they do), you can be fined in excess of 650.00 a day for violations if thy catch you. Again, research and know what you are getting into before you do it!

CJ

[ara.bentley]

thanks for the advice and information guys. I will definitely be calling city hall and asking a ton of questions.

I also was just wondering if anyone had actually succeeded in this venture.... I would still like to get a viewpoint from someone who has done it (preferrably in Arlington), even though I know I still need to do my own research in my own area. Just trying to see the path that's ahead if I decide to do this - even though I may not.

Also - another question... even if I don't see clients in my home but have my office and equipment here - do i have to get some kind of permit for that too? Just for editing stuff in my own home. And does my home get taxed for the Business Personal Property Tax?

[CobyPhoto]

Originally Posted by ara.bentley

Also - another question... even if I don't see clients in my home but have my office and equipment here - do i have to get some kind of permit for that too?

Probably not. If you do not see clients, have clients come to your house for consultations, to pick-up product etc. (basically - no client contact at your home) you woldn't need a CO.

Originally Posted by ara.bentley

And does my home get taxed for the Business Personal Property Tax?

Yes. Your equipment, (i.e. camera, lenses, flashes, printers, computers, monitors etc.) furniture that holds them up, and a portion of your home furnishings will all fall under Business Personal Property Tax. BPPT applies to all the Equipment, furniture and fixtures used and necessary to operate a business. There isn't a way to get around this. It is Law and one of the legal minimum requirements to be in business. This applies whether you are in your home or a studio location that is not your home.

CJ

[ara.bentley]

Originally Posted by CobyPhoto

Yes. Your equipment, (i.e. camera, lenses, flashes, printers, computers, monitors etc.) furniture that holds them up, and a portion of your home will all fall under Business Personal Property Tax. BPPT applies to all the Equipment, furniture and fixtures used and necessary to operate a business. There isn't a way to get around this. It is Law and one of the legal minimum requirements to be in business. This applies whether you are in your home or a studio location that is not your home.

CJ

So I looked on the BPPT sheet and this is what it says their definition of Personal Property is:

Personal Property: Every kind of property that is not real property; generally, property that is movable without damage to itself or the associated real property.

It doesn't ask for Real Property. Am I missing something - just want to make sure I know if the house I am in goes in there somewhere - not sure where it would go...

[bondarnes]

Originally Posted by CobyPhoto

Yes. Your equipment, (i.e. camera, lenses, flashes, printers, computers, monitors etc.) furniture that holds them up, and a portion of your home will all fall under Business Personal Property Tax. BPPT applies to all the Equipment, furniture and fixtures used and necessary to operate a business. There isn't a way to get around this. It is Law and one of the legal minimum requirements to be in business. This applies whether you are in your home or a studio location that is not your home. CJ

I know that some of you probably think that Coby keeps harping on this, but keep in mind that if you ARE a business then you can buy props and equipment without paying sales tax just as long as it is used totally for the creation and production of your products. You also get to depreciate said props and equipment on your income taxes. So yes paying the business personal property tax is a cost of doing business, but you also get the tax exemption and depreciation on the other side of the ledger.

I have a legal business that I also use as my residence. That is not exactly the same as a residential business. About ten years ago I bought a former residence on 2 1/2 acres of land and did all the requirements with the city to use that property 100% as a full time photography studio. Last March we sold our home and moved into a little used suite of rooms at the studio.

I have also owned a residence with a studio in a separate building on the same piece of land. I can tell you that dealing with a governmental body can be a nightmare, but research everything before hand and don't ask questions of government if you don't intend to follow through because you have just "red flagged" your residence and you will be watched for non compliance.

[CobyPhoto]

Ara,

I missed a word in typing up there in my firsts post. It is just your Personal Property (Not Real Property) they want on your rendition.

I corrected my statement so it doesn't lead people astray. Sorry!

CJ

[CobyPhoto]

Originally Posted by bondarnes

I can tell you that dealing with a governmental body can be a nightmare, but research everything before hand and don't ask questions of government if you don't intend to follow through because you have just "red flagged" your residence and you will be watched for non compliance.

I can't stress the importance of KNOWING what you are getting into...for ANYONE considering this step. With the digital age, it is much easier for the agencies that regulate and enforce these law and rules to share information with one another.

The best way is always the legal way. If you have never experienced an audit by one of the regulatory agencies, it IS NOT a pretty thing. You are guilty until proven innocent.

They have all the power and you are basically at their mercy.

CJ

[pbyd]

Ara, You are the new hero to many of us in the "Buisness of Photography". You are doing what all start up photographers should do, you are looking into the correct way to run a buisness. Thank you! and the best of luck.
Wayne

[ara.bentley]

Originally Posted by bondarnes

I have also owned a residence with a studio in a separate building on the same piece of land. I can tell you that dealing with a governmental body can be a nightmare, but research everything before hand and don't ask questions of government if you don't intend to follow through because you have just "red flagged" your residence and you will be watched for non compliance.

Wow - that's scary. Ok so on my DBA and my Texas Sales Tax form (which i haven't submitted yet) I put my home address. Does that red flag me as well? - even if I don't ask the government about seeing clients in my home.

So right now I am leaning towards not doing the in-home studio for now. But I don't want to be questioned everytime I have friends over just because I have my home address as my business address!!!

I want to be legal but don't want to be stocked!