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DPChallenge Forums >> Business of Photography >> Do you charge sales tax?
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05/21/2022 06:55:16 PM · #1
Ok -- when I'm selling prints at an art show, there's sales tax.

If I'm doing Graduation photos and I sell the digital download, do I charge sales tax? It's not a tangible item. But if I sold them prints, that would be a tangible item. But is the sitting fee taxable?

I'm a bit confused!
05/21/2022 07:19:15 PM · #2
Welcome to the tax vortex...

It's not only complicated enough already, the complications are different state-by-state. Plus if you're selling internationally!

As a "general" rule, digital downloads are not taxable, although there are exceptions in some states.

Anything in the physical world IS taxable. But not all things, and not in every state.

Does that help?
05/21/2022 07:20:43 PM · #3
Sales tax is a state-by-state proposition ... whichever agency in your state that collects the tax should have the answer(s). It can also vary if your customer resides in a different state. :-(
05/24/2022 01:39:42 PM · #4
So in my state, Washington, we have to charge a sales tax on EVERYTHING, we can’t deliver images via download to bypass “physical’ products. Session fees are taxable, everything is at play. I do live on the border w/Oregon and if my client resides in Oregon and I deliver the product (prints) to them in Oregon then I don’t have to charge a sales tax to them. Our state has figured out how to squeeze it’s part from every single source possible.
02/01/2023 10:37:23 AM · #5
3 possible sources for answers and even if they are all the same, i would only trust the last one... ;-)

1) i do not charge sales tax for digital products sold to residents of virginia. with customers in other states, i abide by their state's requirements.

2) ask google...

3) ask your accountant!
02/01/2023 12:27:12 PM · #6
Originally posted by Skip:

3 possible sources for answers and even if they are all the same, i would only trust the last one... ;-)

1) i do not charge sales tax for digital products sold to residents of virginia. with customers in other states, i abide by their state's requirements.

2) ask google...

3) ask your accountant!


hmmm -- what I've found was that Virginia expects it and wants it (the tax). So I started doing it.
02/13/2023 01:03:29 PM · #7
Originally posted by vawendy:

Ok -- when I'm selling prints at an art show, there's sales tax.

If I'm doing Graduation photos and I sell the digital download, do I charge sales tax? It's not a tangible item. But if I sold them prints, that would be a tangible item. But is the sitting fee taxable?

I'm a bit confused!


I'm gonna second the "Talk to your accountant." advice for the specifics.

Are you an established business?

If not, I don't see how the state can make you an agent of their Department of Revenue.

If you are, then you should have a tax ID and if you sell something retail, it's pretty much best to pay the minute amount that it is just to be safe.

Just make sure you charge it and collect it.

F'rinstance, our gallery is a taxable entity with a name, ID, and all.

As well as our art, we have a flea market/junque table that we sell odds and ends from.

Our life is interspersed with our gallery so her mother's antique table setting items come off that table and we charge tax for them.
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