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Jax Tax
Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1376
Experience:  JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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My mothers massage therapt does not have a business liscence

Customer Question

My mother's massage therapt does not have a business liscence and doesn't want to get one as mother is her only patient. I have heard that someone like mother cannot pay over $1,000 (or ?) to someone that not have a bus. license with having to become an employer and thus mother would have to pay those taxes. Is this true? We live in Sarasota County, FL and does the county or state change the answer? Thank you so much. Craig
Submitted: 3 years ago.
Category: Tax
Expert:  Jax Tax replied 3 years ago.

Jax Tax : This is not true. A unliscenced professional is commuting a crime by practicing for a fee. If they are exchanging services your mom would be taxed on the barter transaction bit if she is paying her, then she has no tax regardless of how much she is paying.
Customer:

Okay, please be patient with me, okay mother doesn't have to pay taxes. But the therapist who does have a massage therapy liscence but not a business one and, yes she is paid, in money, is committing a crime? If the answer is yes we, of course want no part in it. If you could give me some references, websites, # XXXXX the law or anything offical to show the therapist I would be so very grateful for not only then maybe will she get the liscence, we offered to pay the 50.00, but she is our landlady and she and her husband are now friends, and Mother gives their teenage daughters gifts. Whatever you could lead me to that is official would make me the messenger. I believe you. I use this site and just answer but, forgive me, I cannot tell or even show her that Jax Tax said so. It would be like telling an M.D. "I learned it on the Internet." Thank you so much for your time and patience. God bless you. Craig P.S. Is there a limited amount of money someone can pay someone, annually who does not have a bus. lis. and not be a crime. Like the kid who cuts the lawn each week. Please give me some proof and you will be, rightly thanked by prayers and a bonus. Craig

Jax Tax :

Here is the link. http://www.dca.ca.gov/publications/barbercosmo_guide.shtml#bottomline

Jax Tax :

As for the $1000 limit. I have been informed by another expert that this is in regards XXXXX XXXXX employees. If your mom is employing this person, she would be responsible for tax. Based on what you are saying, this is not the case. Just thought you should know the source.

Jax Tax :

Here is the definition of an employee http://www.taxes.ca.gov/payroll_tax/household.shtml

Jax Tax :

This is not the case based on the information you provided me.

Jax Tax :

I hope this helps. Have a nice day, and yes providing services for a fee regardless of the fee is illegal without a license.

Customer:

Thank you for the references! And please put up with me, I actually was awake all last night over this. Just explain what you mean by "This is not the case on the information you provided me."

Customer:

Thank you so much for the reference. Please put up with me just a bit longer. I was awake worrying about this all night literally. Please just explain what you mean by "This is not he case based on the information you provided me." I do not understand it. Thank you and God bless you. Craig

Customer:

Oh, do you mean that this woman is not a houshold employee? (She certainly is not.)

Jax Tax :

Yes, you got it.

Customer:

Thank you so very much for the references! I do not understand on sentence. "This is not the case based on the information you provided me." Does this mean that what is written above applies to household employees and this woman is certainly not a household employee? God bless you! Craig

Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1376
Experience: JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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Customer: replied 3 years ago.

Sorry to bother you again. That first link leads to CA rules for barber shops.

 

I need something official, goverment type, to back up what you wrote that what the therapist is doing is a crime. It really would help. Thanks and God bless. Craig

Expert:  Jax Tax replied 3 years ago.
It is for all health and cosmetology services in which massage is included.
Customer: replied 3 years ago.

Forgive me. If you know of anything that states it is a crime,as you did, to accept money for work or services done without a business liscence. Something government or law. I am so sorry to bother you. I need all I can do to legally continue my mother (who needs these massages to releave the pain but won't do it illigally service/work from the landlady. At something official that it is a crime should convince the therapist. Thanks and God bless.

Customer: replied 3 years ago.
I really need goverment and law links. You called it a crime. I have search all day online and cannot find anything. Please help. Thanks. Craig
Expert:  Jax Tax replied 3 years ago.
The answers you are looking for really depend on the reason.
1. If the person were to sue your mom for injuries under worker's comp, there are rules that establish an employee relationship if she was not licensed and work for your mom at least 52 hours in the past 90 days.

2. If it were for negligence, then you would not look at the hours, but solely the fact that she is unlicensed.

3. For tax purposes, you are looking at the issue stated above for household employees.

4. For criminal purposes, you are looking at BUSINESS AND PROFESSIONS CODE
SECTION 3750-3759 which requires there to be an employee relationship. As you can see from the first three, each define employee differently.

Your current questions is about criminal law, and that is not my area of expertise. All I can say is that there are circumstances when it is a crime as in # 4.
Customer: replied 3 years ago.

You stated above that the women needs a business liscence. That accepting money for her work (yes she has a massage therapist liscence. All I am asking for is one or two links that state that this is the law, that to work or earn money she needs a business liscence or she is breaking the law. I need these links to prove (government or law other than that baber one which she won't accept( her she needs a business liscence to earn money, as she doesn't work for a company, as she does she must have a business liscence. One more tiry please. Thanks. Craig

Expert:  Jax Tax replied 3 years ago.

2620. (a) Physical therapy means the art and science of physical or
corrective rehabilitation or of physical or corrective treatment of
any bodily or mental condition of any person by the use of the
physical, chemical, and other properties of heat, light, water,
electricity, sound, massage

2630. It is unlawful for any person or persons to practice, or
offer to practice, physical therapy in this state for compensation
received or expected, or to hold himself or herself out as a physical
therapist, unless at the time of so doing the person holds a valid,
unexpired, and unrevoked license issued under this chapter.

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