Approve the Cookies
This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and our Privacy Policy.
OK
Index  •   • New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Guest
New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Register to forums    Log in

 
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 14 Apr 2014 (Monday) 11:01
Search threadPrev/next
sponsored links
(this ad will go away when you log in as a registered member)

Destination Weddings to Canada and the Law

 
tickerguy
Senior Member
595 posts
Joined Dec 2012
     
Apr 16, 2014 09:57 |  #46

Luckless wrote in post #16838018 (external link)
A semi related topic, but is anyone familiar with how fine-art photography is handled in most countries? If I employ myself by selling prints to my own local markets, do most places still count it as 'employment' if I travel on vacation with the goal of touring places I haven't been while taking photographs that would later be processed and sold?

When I have entered a foreign nation in each instance I have been asked, either orally or in writing what the purpose of my visit is, and I've entered a number of other nations over the years. If I lied about that and got caught I'd expect to be arrested if they had the jurisdictional ability to do so. I have, for example, entered Canada for the explicit purpose of going to Brewers' Retail and purchasing Canadian Beer that I intend to immediately bring back to the US (paying the duty thereupon as required.) When asked at the border what my purpose is I tell them: "To spend American money at Brewers' Retail." When asked how long I intend to be in Canada, I tell them the truth again: "About 30 minutes, give or take traffic conditions." :D

In this case you wouldn't get caught at the time as ascertaining your purpose would not be likely on entry, but later on when you sell said prints the other nation may discover your sales (or efforts to sell) and, if and when they do they may well prohibit you from entering again if, on your previous trip, you lied about your purpose for being there.

Except you are 'employed' in Canada if you are doing work for which you are paid. If this wasn't the case then all the illegal farmers employed in the US could simply be hired outside of the country, legally brought in, then legally leave the country and collect their pay cheque.

Exactly.


Canon 7D & 5d3, EF-S 15-85, 24-105L, 70-200L f/4 IS, 100mm Macro/L, EF 50 f/1.4 and more

  
  LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as a registered member)
joeblack2022
Goldmember
3,005 posts
Likes: 5
Joined Sep 2011
Location: The Great White North
     
Apr 16, 2014 10:09 |  #47

I don't really have anything to add except to agree with everything tickerguy has said, having had experience myself with customs and immigration procedures in several countries.


Joel

  
  LOG IN TO REPLY
AlFooteIII
Senior Member
444 posts
Gallery: 2 photos
Likes: 38
Joined Jul 2013
Location: New York City
     
Apr 16, 2014 10:43 |  #48

YankeeMom wrote in post #16837930 (external link)
Again, if I am employed and paid in NH, but take some photos in MA, I do not have to apply for any forms or pay taxes to MA.

Well, actually.... any state in which you generate income (that has a state income tax) you technically need to pay taxes to. Now if you're only shooting one project in a different state, perhaps your income might fall below a minimum, but you'd better be sure.

I discovered this the fun way when, for my day job, I spent several weeks working on a project in a different state. At the end of the year, I had to declare the income for the weeks I worked there to that state. I never moved or changed jobs or offices (permanently), just the fact that I generated income while in that state was enough.


Specializing in Theatrical Photography. See my work at:
www.alfoote3photograph​y.com/ (external link)
www.facebook.com/alfoo​te3photography (external link)

  
  LOG IN TO REPLY
RMH
Goldmember
Avatar
1,000 posts
Likes: 34
Joined Jan 2011
Location: Canterbury
     
Apr 16, 2014 11:20 |  #49

Dan Marchant wrote in post #16834140 (external link)
You need to read the links provided above because they include the clear answer you say you haven't received.
1. Where the B&G live is irrelevant
2. Where the photographer lives is irrelevant
3. Where they are when the sign the contract or get paid is irrelevant.
4. In most countries (inc the US and Canada) a foreigner who travels there to perform a job of work requires a work visa (In many countries this actually includes working for free as a volunteer).5. Many photographers hop across borders and shoot destination weddings without a work visa. Many people also drive faster than the speed limit or park illegally without getting caught. All these things are illegal.
6. The penalties for working illegally are far more severe than those for speeding or parking illegally.


But legally they are employed in Canada (because they are performing a job of work there) and they are taking work from a local Canadian photographer and those destination weddings in Bermuda, France or any other country are equally illegal.

I'm not sure that's true (bold part) I regularly had to come to the US before I moved here while employed and being paid in the UK. Always told the guys at imigration that I was here for work -- ie "hello my company has sent me to work out of the US office to work for 2 weeks". Never had an issue, never needed a work visa.

When I transfered to the US office and started being paid here, then I needed a visa.

Imagine what a mess an airline pilot would be in otherwise -- would potenially need work visa for every country in the world :S



All the stuff I've owned at one time or another

  
  LOG IN TO REPLY
fontanka
Member
Avatar
242 posts
Likes: 3
Joined May 2009
Location: Boston, MA
     
Apr 16, 2014 11:25 |  #50

cory1848 wrote in post #16837773 (external link)
Yes and I have even worked in MA when I was younger. Please educate me why it is so absurd. If you live in one state while working in another, each state wants it share. It is pretty common. Similarly with work permits.

You apply for work permit (if you need one as a foreign citizen), once its granted you have the right to work anywhere in the US. It is that simple.

You are saying you have to apply for work permit in each state separately. This is absurd.

If you reside in one state and work occasionally (see dest weddings inside US) in dif states (RI, NH, MA, CT etc) then you are paying your taxes in the state of your residence. You are not paying taxes to all of the above (RI, NH, MA, CT). You have to prove your residency in a particular state though and this is (correct me if I am wrong here bc I might be) 6 month or more of residence. This might differ in each state.

Are you really saying you filing taxes for MA + all other states you've worked in during the year?


www.AnnaMuhhinaPhotogr​aphy.com (external link)
www.facebook.com/AnnaM​uhhinaPhotography (external link)

  
  LOG IN TO REPLY
OhLook
Spiderwoman
Avatar
18,831 posts
Gallery: 74 photos
Best ofs: 2
Likes: 6517
Joined Dec 2012
Location: California: SF Bay Area
     
Apr 16, 2014 11:39 |  #51

AlFooteIII wrote in post #16838182 (external link)
Well, actually.... any state in which you generate income (that has a state income tax) you technically need to pay taxes to.

It's not just the state. It may also be the municipality or the county. If you're self-employed and you come to my city and do something that generates income for yourself, the city government expects you to buy a municipal business license and pay the city business tax on that income (unless the amount falls below the minimum--but this applies only to the tax, you still need the license). If you're an employee, your employer is obligated to pay. Many California cities have similar ordinances, although their provisions vary. By the state Business and Professions Code, if you do business in multiple cities, the license fee must be divided among them, but cities routinely violate this provision and make people pay the full fee.

To charge city residents for business licenses and tax without requiring the same payments from visiting workers would violate the equal-protection clause of the Fourteenth Amendment. A city isn't supposed to treat "similarly situated" persons differently.


PRONOUN ADVISORY: OhLook is a she. | A FEW CORRECT SPELLINGS: lens, aperture, amateur, hobbyist, per se, raccoon, whoa, more so (2 wds.), shoo-in | IMAGE EDITING OK

  
  LOG IN TO REPLY
cory1848
Goldmember
Avatar
1,884 posts
Likes: 1
Joined Nov 2007
Location: Kissimmee, FL
     
Apr 16, 2014 11:54 |  #52

fontanka wrote in post #16838250 (external link)
You apply for work permit (if you need one as a foreign citizen), once its granted you have the right to work anywhere in the US. It is that simple.

You are saying you have to apply for work permit in each state separately. This is absurd.

If you reside in one state and work occasionally (see dest weddings inside US) in dif states (RI, NH, MA, CT etc) then you are paying your taxes in the state of your residence. You are not paying taxes to all of the above (RI, NH, MA, CT). You have to prove your residency in a particular state though and this is (correct me if I am wrong here bc I might be) 6 month or more of residence. This might differ in each state.

Are you really saying you filing taxes for MA + all other states you've worked in during the year?

In the US, by work permit, I mean occupational license or business license. In the US you have the right to work just by having a social security number. Licensure varies by state and sometime by county. In Florida, they go by county and city. Better have both or if caught it can be rough.

You should really check about not paying taxes in states you are not working in. I don't pay state income taxes in Florida, but if I shoot weddings in MA, you don't MA would want their share?


Gear List
"Those are some mighty fine pots and pans you have, they must make a great dinner!

  
  LOG IN TO REPLY
YankeeMom
THREAD ­ STARTER
Goldmember
Avatar
3,116 posts
Gallery: 305 photos
Best ofs: 2
Likes: 451
Joined Oct 2008
Location: Wisconsin
     
Apr 16, 2014 12:03 |  #53

RMH wrote in post #16838237 (external link)
I'm not sure that's true (bold part) I regularly had to come to the US before I moved here while employed and being paid in the UK. Always told the guys at imigration that I was here for work -- ie my company "hello my company has sent me to work out of the US office to work for 2 weeks". Never had an issue, never needed a work visa.

When I transfered to the US office and started being paid here, then I needed a visa.

Imagine what a mess an airline pilot would be in otherwise -- would potenially need work visa for every country in the world :S

YES! This is exactly what I mean. That makes perfect sense to me, legally.

If you are not working as a MA employee (using that example,) then you do not have to pay taxes to MA. If I am employed and paid for a job in NH, I can take pictures in MA and not be considered an employee of MA. All exchanges and taxes would go to NH. If a MA employer is paying me, then I pay taxes to MA. Many people work in MA and live in NH. They pay their business taxes in MA, even if they work at home sometimes, because they are employed in MA. If it's different in Canada, I'd be interested to know -- but I have no vital reason to know. :)


Kristin
Mom to 11 ~ Still sane and rocking my Canon 5DMkII.
Calibrated with Spyder 4
Website (external link)
| Blog (external link) | Flickr (external link) | Facebook (external link) | 500px (external link) | Pinterest (external link) | Instagram (external link)

  
  LOG IN TO REPLY
fontanka
Member
Avatar
242 posts
Likes: 3
Joined May 2009
Location: Boston, MA
     
Apr 16, 2014 12:27 |  #54

cory1848 wrote in post #16838314 (external link)
In the US, by work permit, I mean occupational license or business license. In the US you have the right to work just by having a social security number. Licensure varies by state and sometime by county. In Florida, they go by county and city. Better have both or if caught it can be rough.

You should really check about not paying taxes in states you are not working in. I don't pay state income taxes in Florida, but if I shoot weddings in MA, you don't MA would want their share?

"In the US you have the right to work just by having a social security number" (c)
Incorrect, you may have ssn with no right to work.

"In the US, by work permit, I mean occupational license or business license." (c)
Glad we have cleared that one out.

"You should really check about not paying taxes in states you are not working in." (c)
In your opinion, how do i divide monetarily shooting 8 hours in RI and post editing 16 hours in MA for one wedding?


www.AnnaMuhhinaPhotogr​aphy.com (external link)
www.facebook.com/AnnaM​uhhinaPhotography (external link)

  
  LOG IN TO REPLY
AlFooteIII
Senior Member
444 posts
Gallery: 2 photos
Likes: 38
Joined Jul 2013
Location: New York City
     
Apr 16, 2014 13:03 as a reply to  @ YankeeMom's post |  #55

Some states, like New York, carefully monitor out-of-state workers; other states are less vigilant about it, according to the Council on State Taxation, a trade association for multistate corporations.

Some states have a “first day” rule, which means if you set foot in a state you don’t live in and work there for one day, you owe that state income tax. Other states have varying periods of time when the nonresident income tax kicks in, ranging from 10 days to 60 days. To complicate things further, some states do not assess the income tax on a time-worked basis; rather, they assess it on an income-earned basis starting at a floor of anywhere from $300 to $1,800 a year, according to COST.

From this site (external link).

Which takes us back to "know your local laws and regulations."


Specializing in Theatrical Photography. See my work at:
www.alfoote3photograph​y.com/ (external link)
www.facebook.com/alfoo​te3photography (external link)

  
  LOG IN TO REPLY
Hogloff
Cream of the Crop
7,606 posts
Likes: 415
Joined Apr 2003
Location: British Columbia
     
Apr 16, 2014 13:19 |  #56
bannedPermanent ban

YankeeMom wrote in post #16838335 (external link)
YES! This is exactly what I mean. That makes perfect sense to me, legally.

If you are not working as a MA employee (using that example,) then you do not have to pay taxes to MA. If I am employed and paid for a job in NH, I can take pictures in MA and not be considered an employee of MA. All exchanges and taxes would go to NH. If a MA employer is paying me, then I pay taxes to MA. Many people work in MA and live in NH. They pay their business taxes in MA, even if they work at home sometimes, because they are employed in MA. If it's different in Canada, I'd be interested to know -- but I have no vital reason to know. :)

Not that easy unfortunately. You have to have proper documentation to do any work in the US from Canada. Yes, some boarder agency might let it slip by...but in general, you need the proper paper work. Its not a visa per say, sometimes you can get an L1B or you can get special one-of work permits...but you are rolling the dice trying to enter a foreign country thinking you can work without any kind of paperwork.

Take it from me, I was turned around more than once because my paperwork had some flaws. I had the paperwork, but a date was missing from the contract...which was enough to turn me around.




  
  LOG IN TO REPLY
cory1848
Goldmember
Avatar
1,884 posts
Likes: 1
Joined Nov 2007
Location: Kissimmee, FL
     
Apr 16, 2014 13:43 |  #57

fontanka wrote in post #16838388 (external link)
"In the US you have the right to work just by having a social security number" (c)
Incorrect, you may have ssn with no right to work.

Incorrect? How so, please educate me.

"In the US, by work permit, I mean occupational license or business license." (c)
Glad we have cleared that one out.

Glad you finally understand that an occupational license is a type of work permit. :rolleyes:

"You should really check about not paying taxes in states you are not working in." (c)
In your opinion, how do i divide monetarily shooting 8 hours in RI and post editing 16 hours in MA for one wedding?

My opinion doesn't matter, what matters is the states tax laws. More than likely MA would want a percentage of the entire amount billed.


Gear List
"Those are some mighty fine pots and pans you have, they must make a great dinner!

  
  LOG IN TO REPLY
RMH
Goldmember
Avatar
1,000 posts
Likes: 34
Joined Jan 2011
Location: Canterbury
     
Apr 16, 2014 13:46 |  #58

cory1848 wrote in post #16838586 (external link)
Incorrect? How so, please educate me.

I have a US social security number. It does not expire. I have work visa. It expires in 2.5 years time.

In 2.5 years time i will have a SSN, but no right to work.



All the stuff I've owned at one time or another

  
  LOG IN TO REPLY
cory1848
Goldmember
Avatar
1,884 posts
Likes: 1
Joined Nov 2007
Location: Kissimmee, FL
     
Apr 16, 2014 14:04 |  #59

RMH wrote in post #16838595 (external link)
I have a US social security number. It does not expire. I have work visa. It expires in 2.5 years time.

In 2.5 years time i will have a SSN, but no right to work.

That is obviously an exception to the point I was trying to make. I am curious though, why wouldn't you have a right to work with a SS number? Will you be a US citizen?


Gear List
"Those are some mighty fine pots and pans you have, they must make a great dinner!

  
  LOG IN TO REPLY
fontanka
Member
Avatar
242 posts
Likes: 3
Joined May 2009
Location: Boston, MA
     
Apr 16, 2014 14:48 |  #60

cory1848 wrote in post #16838586 (external link)
Incorrect? How so, please educate me.

Glad you finally understand that an occupational license is a type of work permit. :rolleyes:

My opinion doesn't matter, what matters is the states tax laws. More than likely MA would want a percentage of the entire amount billed.

1. I've had one, not gonna scan it for you tho ;) It says "not permitted to work" on the front side.
"If you are not authorized by DHS to work in
the United States, you can get a Social Security
number only if you can prove you need it for
a valid non-work reason." (c)

2. pls read the original post i referred to "absurd" ;)

3. more than likely the tax goes to MA ;)

It was my pleasure!


www.AnnaMuhhinaPhotogr​aphy.com (external link)
www.facebook.com/AnnaM​uhhinaPhotography (external link)

  
  LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as a registered member)

19,509 views & 0 likes for this thread
Destination Weddings to Canada and the Law
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
AAA
x 1600
y 1600

Jump to forum...   •  Rules   •  Index   •  New posts   •  RTAT   •  'Best of'   •  Gallery   •  Gear   •  Reviews   •  Member list   •  Polls   •  Image rules   •  Search   •  Password reset

Not a member yet?
Register to forums
Registered members may log in to forums and access all the features: full search, image upload, follow forums, own gear list and ratings, likes, more forums, private messaging, thread follow, notifications, own gallery, all settings, view hosted photos, own reviews, see more and do more... and all is free. Don't be a stranger - register now and start posting!


COOKIES DISCLAIMER: This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and to our privacy policy.
Privacy policy and cookie usage info.


POWERED BY AMASS forum software 2.1forum software
version 2.1 /
code and design
by Pekka Saarinen ©
for photography-on-the.net

Latest registered member is skoczekan
1389 guests, 361 members online
Simultaneous users record so far is 15144, that happened on Nov 22, 2018

Photography-on-the.net Digital Photography Forums is the website for photographers and all who love great photos, camera and post processing techniques, gear talk, discussion and sharing. Professionals, hobbyists, newbies and those who don't even own a camera -- all are welcome regardless of skill, favourite brand, gear, gender or age. Registering and usage is free.