Do I need a license?

I am 19 years old and I love being a photographer and taking pictures. I have recently decided to start a very small side "business".

Basically just to make a little cash here and there. I have set up a Facebook page and so far have only done one photo shoot of my baby

cousin. I am wondering if I need to obtain a license before I start photographing other people outside of my family. I do simple on site

photography. I don't photograph in home nor do I have a studio. I just do not want to get into any sort of legal trouble. Thanks in advance!

<p>This will depend somewhat on where you are located. Two other important issues: liability insurance, in case something happens to a client while you're working and taxes--most states and localities insist that you collect and remit sales taxes, and states and the federal government in the US expect you to pay income taxes. Even if you're just starting out small, a quick session with a lawyer and an accountant will be very worth while.</p>

<p>Autumn:</p>

<p>Congrats on your decision to enter the photography business. Although it sounds like you seek only an occasional job, you might want to check out this Web page: https://www.sba.gov/starting-business/how-start-business/10-steps-starting-business</p>

<p>The 10 steps include a lot of important things you might want to consider if you are serious about starting a business and want to stay on the legal side of city, county, state and federal rules and regulations. As you said, "I just do not want to get into any sort of legal trouble."<br>

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Doing things the right way might seem like a big pain, but I believe that it leads to more customers and a better experience for you. Think about it: If you have something important you want photographed, would you be inclined to hire someone who just keeps their camera in the closet? Or would you be more comfortable with someone who has a legitimate business, a license and proper insurance?<br>

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Few good things in life just happen. Most of the time, you have to work for them! </p>

<p>As Andrew points out, the details depend on where you live -- countries, states, counties and even cities can have different requirements. <br /><br />But the short answer is that no, you do not normally need a license to work as a photographer. Assuming you live here in the U.S., photography is not a licensed profession like being a doctor, lawyer, account, or a licensed trade like electrician or plumber. There is no test you need to pass and no piece of paper required. If you have a camera you can call yourself a photographer. And if you can get people to pay you for your pictures you are a de facto professional.<br /><br />License or no license, the IRS does expect you to report your income and pay income tax on it. If you are talking a couple of hundred dollars here and there in jobs for individuals, they aren't likely to know if you're not reporting. But if it becomes your primary source of income or a substantial secondary income, they will figure it out. And if you are doing work for other businesses, the IRS will definitely find out because what a company pays you is a tax deduction for them. The safe thing -- and the legal thing -- is to always report the income. The bright side of reporting and pay the tax is that many of your photography and business related expenses become tax deductions.<br /><br />Whether you collect sales tax depends on the state your're in and what exactly you are selling. In some places services -- the actual shooting of photos -- are not taxed but tangile products like prints or frames or photo albums are. In some states, everything is taxable. If you use a third party like Smug Mug for customers to order prints and frames, they can collect sales tax on your behalf.<br /><br />Where you could get into a situation of requiring a business license is if you open a storefront, or possibly even a studio in your own home. That is usually not a matter of being licensed as a photographer per se but as a business in general. <br /><br />I speak only from general experience. I'm not an attorney or an accountant. If you get to the point of setting up an actual business, you need to speak with both. But most people, before they rush out to spend money with accountants and attorneys and on licensing fees, etc ., put their foot in the water to see if they have any business -- aka clients -- before they declare themselves to be a legally established business. As a 19-year-old shooting a few jobs here and there you have the luxury of flying under the radar for a while. You should be no more in a rush to start filing paperwork than if you were fixing a few people's cars in their driveways.<br /><br />Keep in mind that 75 percent of running a photography business is the business side, not photography. Since you're 19 I assume you are in college. Take every marketing, business, accounting, etc. course you can. They will apply no matter what business you end up in (if you want to run your own business). </p>

As I have stated above so far I have only done family and friends and have not gotten paid for any thing yet. And I am located in buffalo

New York. I'm not sure if I will actually reach out and get official clients. That's why I was looking for the advice in case I do

<p>In That case I recommend working with an established photographer in your area so you can learn photography, gain a working experience and have an insight on the business end. Today all are photographers but not all are professional photographers. There is a big difference and i am not talking about talent. Talent is another aspect which is subjective. Whether or not someone hires you or not is the true test that you have what it takes to succeed as a professional photographer. Good luck.</p>

<p>Autumn, I too live in upstate NY. Craig has offered some sage advice about 'getting your foot in the water.' Here in NY (and Buffalo), there is no "license" required to do business as a photographer. If this becomes something that goes beyond a 'cash' basis and makes you more than $1000 a year working for family and friends, there are some considerations to be had. Otherwise one simply adds this to their miscellaneous income on federal and NYS income tax returns.</p>

<p>If it looks like it is becoming more, you will want to create a business form. It can be something as simple as a 'sole proprietorship', aka 'doing business as' (DBA). This only requires you to visit the courthouse and pay a small fee to record your name and business with the county. This affords you a few protections and lends status--allowing you to open a business checking account and begin your tax preparations. Unlike an LLC or corporation, this does not require you to register with the state or advertise your intent in the legal section of newspapers. A consultation visit with an accountant is vital at this stage.</p>

<p>As Craig notes, a bulk of what you do as a photographer is the business side. Accounting, marketing, and customer relations. Once making regular money, one needs to register with the NYS Department of Taxation & Finance to be able to collect and pay sales and income taxes. You will also need to register with the City of Buffalo's Assessment & Taxation department for a local sales tax certificate. These are paid quarterly. Register with the IRS. This is a quarterly affair also. Some people blunder around without insurance. Very bad idea in today's litigious society. In NY with a company like Hiscox (who I have mine with) the cost of general liability and professional liability (error & omission) is going to be somewhere over $1000 a year for $1 million coverage each, $2 million aggregate total claim. These amounts are pretty standard.</p>

<p>The nice part is that ANYTHING legitimate that you spend on equipment, insurance, accounting, product, and other business expenses is a deduction from your gross receipts--meaning that you do not pay taxes on anything except your net income. Using your home as a base of operations allows your to claim a 'business use of home' deduction, and you can claim travel to jobs as a deduction at the standard federal mileage rate. As long as clients do not come to your home, you do not need a 'business license.' If you plan on that, make sure that your zoning allows you to do so.</p>

<p>Yeah, this sounds like a lot. But that is how real professional businesses must operate. If it's just $1000 a year then its just a hobby--but such hobbies can get people in a lot of hot water if something goes sideways...</p>

<p>Licenses for photographers are little more than a piece of paper and revenue for the city or state. There is no "licensing" process to determine competency that I am aware of.</p>

<p>If you are going to do photographic business in exchange for payment, you really should get a business license. You will also have to apply for a "tax number". You will have to charge sales tax on your final work (not sitting fees or the like) and pay the Governor each month. But there is a good side to a tax number. If you purchase certain items in photo stores, your tax number can get you a discount</p>

<p>You'll need a license AND a badge! :-)</p>

<p>Badges? Badges? We don't need no stinkin badges. Treasure of the Sierra Madre. </p>

<p>LLC - create an LLC, like Autumn Wenrich Photography (putting the "LLC" after the name is generally not required). You can set this up quickly and cheaply - www.legalzoom.com and your state business page should have easy instructions to complete it (legalzoom might do that part for you too). You will get a EIN (employer id number) for taxes. It's really not that hard, you can do it all online.<br>

<br />Insurance - best to get some insurance if you are doing it professionally. Too many people are sue happy. That shouldn't be more than a few hundred a year. It'll also cover your equipment should something happen (get stolen, break, etc.)<br>

<br />Taxes - you will only have to worry about this if you hand over a physical product. I'd skip this, use an online place like Zenfolio or SmugMug to setup an account where they can select prints. I'll calculate all the sales taxes, etc., for you. Or just hand over the file and make suggestions (you won't make the extra money, but it'll save you a hassle).</p>