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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
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Experience:  Run my own successful business/contract law practice.
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I have been painting pictures as a hobby for years, and recently

Customer Question

I have been painting pictures as a hobby for years, and recently I have been getting positive feedback from people. Some are asking if I want to sell my paintings. I do not know anything about marketing, and I am not sure I want to get that involved because it would take time away from my favorite hobby. I am thinking about making reproductions of my work and/or painting on commission if asked, but do I need to have a business license and charge sales tax, etc., to do this? It's not like I would be doing this for a living because I already have a full-time job during the day. If yes, how do I go about getting a license? I live in Cottonwood, Arizona. If I do not have to have a license, I am thinking I would keep a record of the paintings I do end up selling and just report that to my tax accountant. Thank you for your response.
Submitted: 1 year ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To ensure that I do not miss anything, I will go point by point with your concerns.

You asked:
am thinking about making reproductions of my work and/or painting on commission if asked, but do I need to have a business license and charge sales tax, etc., to do this?
You DO NOT need a business license. You can choose to be a 'sole proprietor' and work without any business entity but work directly as yourself. It is simpler and easier, but it has downsides--you open yourself up personally to any litigation, for example. You likewise do not need to charge sales tax but you would need to disclose all earnings if any on your tax return and formally pay taxes on any profit you make in this cases.

If yes, how do I go about getting a license?
You can pursue an incorporation, if you like, with your state agency and file for an LLC or other business entity. There is no requirement to do so. If you choose to incorporate, you could use this site to help pursue incorporation:
http://starpas.azcc.gov/scripts/cgiip.exe/WService=wsbroker1/main.p

Also this site to ensure the business entity you choose as a name is XXXXX XXXXX reserved:
http://starpas.azcc.gov/scripts/cgiip.exe/WService=wsbroker1/connect.p?app=names-report.p

I live in Cottonwood, Arizona. If I do not have to have a license, I am thinking I would keep a record of the paintings I do end up selling and just report that to my tax accountant.
That is absolutely permitted as well.

Good luck.

Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 38464
Experience: Run my own successful business/contract law practice.
Dimitry K., Esq. and 10 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.
I don't have any more questions for now. I am going to paint a number of pictures for a portfolio to present to people if they ask for samples of my work. If I become successful, I will definitely investigate the LLC website you included in your reply to me. Time will tell how successful I can be. Thanks so much for your suggestions.
Expert:  Dimitry K., Esq. replied 1 year ago.
You are most welcome, truly! I wish you the best of luck!

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Run my own successful business/contract law practice.