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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 9864
Experience:  30 years of corporate, litigation and international law
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7 40pmPST...Mon. 10-3-11 I am thinking about starting a

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7:40pmPST...Mon. 10-3-11

I am thinking about starting a Los Angeles, California home-based business where a client (living in the USA) pays me to write new tribute or parody-style lyrics to copyright-free songs (those written prior to 1922).

I will then:
1) write the lyrics,
2) compose two digital versions of the song from which the lyrics are based (one version is an instrumental, and the other includes the music and me singing the song)...using computer software such as "Garageband," then
3) email the lyrics and MP3-format versions of the song to my client.

My question: Does my type of service require that I charge Los Angeles County-based SALES TAX for my services and remit the tax to the State of California? Is the requirement of this tax based on where my client lives?

Thanks for taking the time to find these answers for me.

Marty Goodman [email protected]

bizlaw :

Your activities are services unrelated to tangible personal property and as such they are not subjec to CA sales tax.


If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.


This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer:

8:10am...Wed. 10-5-11

Customer:

8:10am...Wed. 10-4-11

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Customer:

8:15am…Wed. 10-5-11


 


Dear Biz Law:


 


Thanks for your response. However, I want to confirm something: if I email MP3 versions of the song to my client, you said no tax is needed since this is considered a service. But what if my client wants me to put a copy of the songs on a physical CD and US mail the disk to him….is this still considered a service, even though I've now created then sold a tangible item (the CD) to my client?


 


Marty Goodman


 

bizlaw :

You are selling the copyrighted work and not the medium in which it is contained. If you were selling the recordings and not the intellectual property, the songs you wrote, then tax would be collectible but in your situation you do not have to collect sales tax.


If this answer is responsive to your question, please accept it. That is how we are compensated. It would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.



This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.


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