So You Want To Be A Photographer? What to do to establish your photography business

So You Want To Be A Photographer? What to do to establish your photography business

February 18, 2016 | Alexandria Sayles

Photography is something that I love to do, and as the years go on I realize the passion I have for it continues to grow and grow. It was this fire that drove me to continue with capturing portraits as my career path and expand my abilities. But, as I was building my portfolio, I begun to ask myself, "What do I need to do next?" How do I establish myself, and my name as a business?

When I decided to pursue photographing as more than a hobby, I was lucky to have guidance in the right direction from many different resources, mainly my dad. He started his own business when I was 4, and has always answered any questions I had when I decided to make the next leap. Yes, starting a photography business is exciting, but setting up business is so super important! I was lucky to have my dad know the in's and out's to owning a business, but I know many people don't have that ability. 

That's where this post comes in to help.

So many people do not understand the consequences of running a business without the right licenses and paperwork. It is not as simple as taking money from a client and pocketing it for profit. That is illegal; actually taking any form of payment for services rendered without reporting the proper documents and taxes is illegal in ALL 50 states of the US. Many states will prosecute businesses ran illegally, and the end game can be anywhere from the State and Federal government requiring you to close your business and not reopen a new one, to thousands of dollars in fines, to even jail or prison sentences. So please, don’t be a rebel, legalize your business to avoid any penalties.

“The IRS presumes that an activity is carried on for profit if it makes a profit during at least three of the last five tax years, including the current year” -Internal Revenue Service

To help people out in this, I have collected the necessary steps to starting your photography business, the right way! 

STRUCTURE

The first step when you decide to start collecting money for your services is to figure out what you want to call your business. This should be done before ANY form of payment is ever received. Since I am currently located in Michigan, I will use this state as an example for the proper means to get your business certified.

There are a few options to certify your business, Sole Proprietor, LLC, C Corp, S corp or a Partnership.  Choose the structure that fits what you want for your business. Just because others choose one thing that doesn’t mean that you have to do the same. Below is a link for helping decide what structure works best for your company.

https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Business-Structures

There is also another option for if you are just a hobby photographer and will not charge for your services, but it still must be filled out. This is known as a DBA (Doing Business As). This form lets you run a business under the assumed business name, but doesn’t protect that name from other people using it.

“Although the DBA is a business name and allows you to do business under an assumed name, it is not a legally REGISTERED entity name with the State of Michigan and it does not assure you that your business name will be unique and reserved for your use only.” 

-State of Michigan 

Since a DBA is not an entity at all, but rather just an assumed name, the individual doing business under an assumed name must pay taxes in accordance with its own filing status as income.  An individual doing business under an assumed name must file taxes as an individual and offers no protection from any form of legal suit. Anyone doing business under an assumed name can be sued personally for any negligence, conflict, or accusations. Which is why I don’t recommend that anyone, other than hobbyist that do not charge for their services, to just conduct business under a basic DBA.

For the state of Michigan, the forms can be found at the following links:

DBA Michigan

https://www.michigan.gov/business/0,4539,7-255-49232_49331-186690--,00.html

Jackson Specifically ( http://www.co.jackson.mi.us/departments/county_clerks_office/business.asp )

I, personally, chose an LLC for my business structure. Many other photographers choose other entities, but this is what suited my needs the best. Since, I have the most experience with running my business this way I will show the steps to establishing a business in this direction. If you chose another structure many of the filing situations are the same, but it is different paper work for the structure.

When filing for an LLC, you can find the form online and print it off, or you can go in person to file at the nearest government business entity location. For me, it was easier to fill out the form online and mail it in with my payment. Each state has a filing fee, but they vary from state to state. For example, in Michigan, the filing fee was $50 and it was an approximately a 2-4 week wait for filing to be submitted and my form returned to me. If you go in person, the time is a bit shorter, but locations vary. The form to fill out is listed below for the state of Michigan.

LLC Form

http://www.michigan.gov/lara/0,4601,7-154-61343_35413_35429---,00.html

ESTABLISHING TAXES

After you have your entity formed, the next step in establishing your business is to file for business taxes. To do this you apply for an EIN (Employer Identification Number), which is done online at the following link.

Apply for an EIN Number

https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Apply-for-an-Employer-Identification-Number-%28EIN%29-Online

Businesses must file both Federal and State taxes, depending on their state’s requirements. The link for Michigan state tax registration can be found in the following.

Michigan State Tax

http://www.michigan.gov/taxes/0,1607,7-238-43519_43521_44039-5922--,00.html

These are so you can file the taxes on your services. Most states require sales tax on tangible goods, which in photography means, that if you provide any images to your client, you must pay sales tax on those. Look into your own state’s sales tax guidelines to be sure you know what products and/or services to charge tax on.  Also, if you offer all-inclusive collections, not paying sales tax may be a big N-O for your state! For example, in Michigan you must charge tax on everything that was physically given to the client, whether it was in CD or USB form, print, or digital download.

PROTECTING YOUR ASSESTS

The next step after certifying your photography business legally is protecting yourself from any liabilities. This is done with developing a client/photographer contract and purchasing insurance for your company.

Before you accept any money from your client, I recommend having a filled out photography agreement signed and dated. These entail the service you are given, when and where, what you are including in said service, along with the cost and payment plans if necessary. This protects both you and your client is a misunderstanding happens to take place. I know many people think that the random client horror stories that they hear will “never happen to me,” but it always better to be safe than sorry.

You’ll want a contract for every session type, and a legal document to cover all of the following:

• Model Release
• Print Release
• Portrait Agreement
• Independent Contractor Agreement (for second shooters)
• Copyright Notice

I purchase all of my contracts from Rachel Brenke of The Lawtog, being a lawyer and a photographer herself, she created contracts for various session types and offers much advice on legal and technical business aspects. You can purchase her contract at the following link, but always have a lawyer double check the clauses since states vary with legalities.

http://www.thelawtog.com/product-category/legal-forms/

A contract protects you as much as it can, but sometimes Mother Nature happens and it is best to have insurance to cover all of those various needs.

The following are types of insurance you need when operating a photography business:

(Also a shout out to The Modern-Tog for the shortened information!)

#1 Equipment Insurance

This will cover all equipment related to a loss or damage due to a variety of events. The type of equipment, coverage and loss causes will be defined through specific coverage policies. At a minimum, photographers need equipment insurance to cover the following equipment; camera, lenses, computers, business interruption, etc. Equipment insurance should also cover the basic losses due to severe weather, damage through dropping, and theft. It is especially important to not assume that your homeowner or renter insurance covers business equipment as many policies exempt equipment used for income purpose.

#2 General Liability Insurance

This insurance is especially critical for photographers working in sensitive specializations (wedding, newborn, extreme sports, etc.) This insurance works as an umbrella to provide protection against legal actions arising from injuries, accidents and other claims.

#3 Commercial Automobile Insurance

This insurance acts to cover the photographer for auto accidents in case the personal automobile insurance does not cover commercial activities. It provides financial protection against potential bodily injury and physical damage to the vehicle that results from automobile accidents. Some jurisdictions require this insurance to be held under specific circumstances so always check your local laws.

#4 Disability Insurance

The insurance should be on the “to get” list as quick as possible for photographers that depend upon photography as their sole income. This insurance is a form that insures the photographer’s earned income against the risk of disability (sickness, etc.) that prevents them to fulfill their work capacity. As a small business owner, planning to weather bad storms that may come your way is worth the investment and time especially when it could potentially cut off all income.

#5 Property Insurance (Owner or Renter)

If you own or rent a studio, insurance to protect against damage to the building and items within are crucial. It is also important that a photographer consider selecting a policy that includes business loss of earning insurance to protect earnings in the event that the shooting location is damaged or destroyed. Note: Some property insurance policies include all equipment within the property and others do not. Always read your policy.

#6 Life Insurance

This type of insurance is important for a small business owner’s peace of mind and allows your family and friends to be covered in the event of your death. Savings helps to provide in the event of death but life insurance can help to supplement for settlement of debts and related expenses in closing up the business.

Many insurance agencies offer bundled discounts to business, so shop around for quotes.

GET THE CORRECT PERMITS TO WORK

Since so many of us photographers shoot on location rather than in a studio, it is important to make sure you have permission to be shooting on certain properties, along with knowing what is legal to shoot on versus what isn’t. For any private property, you must obtain the permission from the owner in written form before proceeding to shoot on said property.

To ask permission to shoot on private property, Rachel has another fabulous post with tips and what to include in a private property agreement.

Many public places also have policies regarding photography on the premises, make sure you double check all the regulations before you ever book a session at a new location to see if you need to get a permit to photograph on that property.

“Don’t get shut down for simply not getting the right licenses and permits for shooting.  Licenses can include extra business licenses on top of your formation.  Permits can be for specific shooting areas” 

-Rachel Brenke 

http://www.thelawtog.com/requesting-permission-to-shoot-on-private-property-legal-tips-for-photographers/

After all of your legalities are established and you have everything covered to protect yourself and your business, you are ready to start taking on paying clients! 

Oh happy days! Welcome to the land of small business owners, may the force be with you!