The Law (in Plain English) for Photographers by Leonard D. Duboff

Author:Leonard D. Duboff
Language: eng
Format: epub
ISBN: 9781621536819
Publisher: Allworth
Published: 2019-12-04T16:00:00+00:00

CHAPTER 6

Organizing as a Business

One of the reasons—perhaps the primary reason—why photographers like their work is that they feel they have escaped the sometimes suffocating atmosphere of the dress-for-success business world—but they have not escaped it entirely. Most of the same laws, although not the same culture, that govern the billion-dollar auto industry govern the photographer. This being the case, you might as well learn how you can use some of those laws to your advantage.

Any professional person knows that survival requires careful financial planning. Yet, some photographers do not realize the importance of selecting the optimal form for their business. Most photographers have little need for the sophisticated organizational structures utilized in industry, but since photographers must pay taxes, obtain loans, and expose themselves to potential liability every time they take photographs and sell their work, it only makes sense to structure the business to minimize these concerns.

Every business has an organizational form best suited to it. Photographers, on organizing their businesses, should consider various aspects of taxes and liability in order to decide which of the basic forms is best. Consultation with a good lawyer and an accountant is advisable.

There are only a handful of basic business forms: the sole proprietorship, the partnership, the corporation, the limited liability company, and a few hybrids. Once the business form has been selected, there are organizational details, such as partnership agreements, operating agreements, or corporate papers to complete. These documents define the day-to-day operations of a business and, therefore, must be tailored to individual situations.

An explanation of some of the features of these various business organizations, including their advantages and disadvantages, follows. This book cannot, and does not, include complete coverage of all of the pertinent details about business structures and their pros and cons. Each person’s personal circumstances are different and require consideration of individually relevant factors. As previously suggested, you should consult an attorney and an accountant before deciding to adopt any particular structure. This discussion is meant to facilitate your communication with your lawyer and to enable you to generally understand the choices available.

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