Legal Question in Tax Law in California

taxeation on selling amateur photos

I am an amateur photographer and from time to time people who have seen my work at home will ask me to take pics of them. I charge them around $50.00 to do the work as I have to set up equipment and make prints on my printer. My question is at what point do I have to pay taxes on what I am asking for payment, or do I? I do photography for fun, but its good to get paid every once in awhile. Is this an agreement between two people? and not a commercial venture?


Asked on 10/09/05, 9:30 pm

3 Answers from Attorneys

Gregory Broiles Legacy Planning Law Group

Re: taxeation on selling amateur photos

The 100% by-the-book answer is that every penny that you receive, if it is in exchange for one of your prints or for your services as a photographer, is taxable as income.

As a practical matter, the additional taxes due on the amounts you receive are likely minimal, and the chances that the unreported income would be detected are also minimal.

If, at some point, you stop looking at photography as a hobby and start thinking about it like a business, and try to make a profit with it, then your photography expenses would be deductible against your other income. If you were to take this approach, you would need to be able to demonstrate that you operated like a business, and that you had an expectation that the business would eventually be profitable.

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Answered on 10/10/05, 1:02 am
Donald Field Donald L. Field, Jr., Attorney at Law

Re: taxeation on selling amateur photos

see:

http://www.irs.gov/businesses/small/article/0,,id=99239,00.html

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Answered on 10/10/05, 10:40 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: taxeation on selling amateur photos

In addition to the other answers, when you sell a product you are required to collect California state sales taxes, and should have a resale tax number.

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Answered on 10/10/05, 11:54 am


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