Samuel-II : Hi
Samuel-II : Well, first of all, there are no laws regarding a male dressing as a female or vice a versa. However, if the person is knowningly using someone else's name, then that could be a crime of Identity Theft
Samuel-II : And, of course, if they are not reporting all income and/or not paying taxes on that income, then it would be tax fraud
Samuel-II : Or tax invasion
Samuel-II : *Evasion
Samuel-II : If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you
I understand that there are no laws regarding a male dressing as a female. But if someone creates a name that doesn't exist (no SS#, no identification, no birthcertificate etc) then does business under this name there has got to be some other criminal offense other than simple tax evasion? How about identity fraud?
Samuel-II : There is no identity fraud
Samuel-II : Only ID theft.
Samuel-II : It is hard to do business without a SS number, etc. So I am not sure how they are able to continue to do that.
Samuel-II : In other words, if someone is operating as a business they need the ss number, etc so that taxes are properly paid
They are doing it on a cash only.
Samuel-II : But if the person is not worried about paying taxes, then it does not matter they do not have that information
Samuel-II : Yes. But as cash they would still have to pay taxes at some point. But if they
Samuel-II : are not reporting it, then there is no need for the SS number, etc
Samuel-II : And in that case, it is tax evasion
So you are telling me that people can go out there..make up a fictitious name and create a cash only business and this is legal?? NOWAY
Samuel-II : Im saying it is not illegal.
Samuel-II : That is correct.
Samuel-II : As long as the person is not knowingly using someone elses name
Samuel-II : and SS numbers, etc
Samuel-II : They can dress like a tree and call themselves Yogi
Samuel-II : and if someone wants to patronize that business they can
Samuel-II : The problem may come if this person does not perform
Samuel-II : and then you have a consumer issue
Samuel-II : But other than that, there are no laws being broken simply by dressing as something else and using a made up name.
Samuel-II : crazy as it may seem, there are a lot of "Cash only" businesses out there
Samuel-II : And people who do not report all the cash and therefore do not pay taxes on all that money.
So businesses can operate in AMERICA, on a cash only basis, not registered and not pay tax and there is no legal course anyone can take against them?
Samuel-II : They will report only a portion and pay taxes on that amount.
Samuel-II : Correct
Samuel-II : Businesses do not have to be incorporated or registered with anyone
Samuel-II : If they get caught, then there is possible tax evasion
Samuel-II : And if a customer has had some type of problem with this service that customer can make a complaint to the Attorney General consumer protection divsion
Samuel-II : But as far as laws broken in the establishment of the business, there is nothing illegal about that.
So a person doesn't have to have a business license? or a state license? to operate?
Samuel-II : They should, yes.
So how does one report or go after this person for tax evasion?
Samuel-II : And it depends on the type of business
Samuel-II : If you have had a problem with this person, then I suggest you can begin to file a report with the GA Attorney General's office
Samuel-II : They have a consumer protection divison
Samuel-II : That would be a start
photography, makeovers, BDSM etc...
Samuel-II : Yes. Well, if you have a problem with this business, then file a complaint with the AG's office.
I find it extremely difficult to believe that a person can create "fictitious name and character" and do business and there is no criminal about that? I can't sign someone else's name to anything or do business as someone else....thats would be fraud.
Samuel-II : http://consumer.georgia.gov/consumer-services/filing-a-complaintIf you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you
Samuel-II : http://consumer.georgia.gov/consumer-services/filing-a-complaint
Samuel-II : You may use that link to file a complaint.
Samuel-II : You misunderstood what I said, it seems
Samuel-II : It the person deliberately and knowingly uses another's name and SS, etc to operate a business it is ID Theft
Samuel-II : So, if you are going to sign someone else's name you need to be sure it is not a real name
Samuel-II : For instance, as I said Yogi Bear is not a real name
Samuel-II : We still live in a Buyer Beware world here in America
Samuel-II : So it is incumbent upon the consumer to find information out before using a busines.
Samuel-II : At any rate, this question began as a Criminal law question and is not moving into a consumer direction.
Samuel-II : I have truely and accurately answered you criminal law question and even through in some consumer information for you.
Samuel-II : IF you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you