I am an artistIf I give my paintings to an art gallery for sale, the art gallery charges the sale's taxesand I bill them just for the painting, right?If I sale my painting am I going to charge for the taxes even if I do not have a business for it?If I am supplied with the materials and I just paint ( Labor ) do I have to charge taxes on it?
Country relating to Question: United States
State (if USA): California
HiIf you "sell" them the artwork, you need to charge taxes. This has to be done as a business. If you give them the painting for them to sell and then they give you a percentage as commission then they pay the tax and you do not have to.
But, of course, you will need to claim your payment and possibly have to pay taxes at a later date when you file with the IRS
what about the second part of the question,
If a client gives me the materials, or he reinburses me for the materials and I just charge for the labor
HiThe answer it seems is yes. You will still need to charge a tax on the labor as your artwork can be considered "tangible personal property" which even the labor has to be taxed under California law. It is known as Fabrication labor.
20 years practicing law
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