Legal Question in Business Law in Texas

Licences and certification

These may seem like silly questions, but I am needing a good source of information.

#1 I am an artist who paints murals and faux finishes. Some one questioned me and asked me to find out if I need to be licenced or certified in order to paint for a local business.

#2 If a Lamp store is having me paint custom lamp shades, how do they tax my portion of the work. Normal sales tax? Or does this kind of service need to be given sales tax. (I am new to the state of Texas.)

I really appreciate your help!

THANKS!


Asked on 10/30/03, 6:26 pm

2 Answers from Attorneys

Charles White Charles G. White

Re: Licences and certification

Here is the Texas Comptroller of Public Web Site where you can get all of the information for sales taxes:

http://www.window.state.tx.us/m23taxes.html

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Answered on 10/30/03, 11:26 pm
Barbara Lamar Law Office of Barbara Lamar

Re: Licences and certification

No, you do not need a license, but if you are "in business" you are required to have a Texas Sales and Use Tax Permit. If you are working only for the lamp store, work at their direction, use their tools and materials, then you may technically be an employee, in which case you are not "in business" and do not need a Sales and Use Tax Permit. But if you solicit business from others and have a location you work out of, then you are "in business." Since the lamp store would be a re-seller, you would not actually collect sales tax from them but would have to keep on file a resale certificate from the lamp store. You can get more information about the Texas Sales and Use Tax from the State Comptroller's web site, or feel free to contact me at [email protected]

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Answered on 10/30/03, 11:47 pm


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