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Hey everyone!

So, I have the opportunity to paint under a company (won't name any names). I would be working through this company and my completed work would be posted on their website and social networking pages. However, the/my clients would be paying me directly for the work I would be doing. I would be working from my home and using my own supplies, paints, etc. I know there are many artists on here and thought perhaps I could get my questions answered on here. I've been trying to do my own research online but can't seem to find a clear answer.

So here they are:

1) Do I need to set myself up as a business?

2) Would I need to get a business license even though all payments would be sent to my legal name? (I read online that if you are operating under your legal name a business license isn't necessary? Is that correct?)

3) Would I be considered an employee of this company even though they would not be paying me, the client/s would? Or would I be considered a independent contractor?

4) Would I need to charge and therefore pay sales tax in my state, IL?

5) If I am considered my own business (not an employee) would I have to pay self employment tax quarterly or would I pay my taxes by April 15th like everyone else?

I have no experience with business or legal anything so this is all new territory for me. This is an amazing opportunity but I would like to know what I'm getting into before I give a definitive answer. Any and all advice would be helpful!

thanks

hate to sound like a dumbie but those are questions you should probably ask them lol.

OgreChubbs wrote:
hate to sound like a dumbie but those are questions you should probably ask them lol.

Well I've thought of that too but I guess I didn't want to sound like a dumbie asking them all those questions! ha!

You need to ask your prospective employer what the details of your employment will be.

Asking strangers on the internet probably isn't the best way to go about finding these answers.

Ask them...but confirm with your local authorities...

A lot of miniature related businesses are not fully up to snuff on employment related laws (heck - a lot of all businesses are not).

Each state will have different laws as well - so if you are an Independent Contractor for a company in Texas...Texas might not require you to have a business license and tax ID. However, if you live in California - they may well require you to have a license, ID and possibly even things like occupational health inspections (not sure...wouldn't surprise me though).

If you don't dot your "I"s and cross your "T"s - the company wouldn't necessarily be on the hook should you be audited or have some kind of miniature paint related mishap. Telling your state (or federal) tax authority that you were told by Bob's Miniatures that you didn't need to do something won't keep you from paying the fines and penalties.

For the answers, contact the state, check with a local small business group and quite possibly consult a lawyer (should be contracts involved...always check with a lawyer regarding any contracts...).