Is it legal to sell my handmade stuffs in my mom’s business?

UPDATED: Sep 30, 2022

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Is it legal to sell my handmade stuffs in my mom’s business?

My mom has a nail salon. And I want to make
some pouch and hair clips to sell for money for
college’s books. So is it legal to me to sell it in
the nail salon? In addition, I don’t work there.

Asked on December 18, 2016 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is legal so long as the zoning for your mom's business permits the business activity(ies) you intend to do: that is, if, for example, her business is not zoned to allow sales of these sorts of things, you can't; but if items like you describe can be sold under her zoning, you can do this. If you don't know the zoning, you can check at town or city hall, in the clerk's office. If you sell them under your own name but there, the income will be taxable to you; if you sell them under your mom's business's name, it will be taxable to her. Make sure to collect and submit sales tax.

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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