Is it legal to have an online tarot business as long as I have a disclaimers on my youtube channel and website stating entertainment purposes?

UPDATED: Oct 1, 2022

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Is it legal to have an online tarot business as long as I have a disclaimers on my youtube channel and website stating entertainment purposes?

I have been searching for weeks for information on having an online tarot business. I know there are different laws for different states in regards to tarot reading businesses but I can’t find that information. Should I have my youtube channel as just my name and for donations, that I claim as tips on 1040 form or should I set up a DBA using a fictional name and set it up as a sole proprietorship and get an EIN? I am currently just trying to build an audience at this point but I want to make sure I take the right steps to make it a legal business before asking for donations to my channel or charging for personal readings. I have seen where many readers have their channels stating a disclaimers for entertainment purposes and offer personal readings they charge for and ask for donations. Is that enough to make it legal?

Asked on March 7, 2019 under Business Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Disclaimers: as long as they are prominent enough, yes, they will protect you. The issue is, you can't mislead or claim something you cannot claim or prove. (If people want to believe despite disclaimers, that is their choice.)
2) Business structure: go with an LLC: it will protect you from the vast majority (but not all; no protection is perfect) business related debts and liabilities.
3) The income will be simply the income of your LLC. Any expenses reasonably related to it (e.g. creating the website; webhosting; internet access) can be claimed as business expenses to reduce your taxable income.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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