Debbie, there is no problem here! I am not the one that makes the laws...I'm just simply stating what they are. Until May 1st of this year I did own/operate a viable cake business in Texas. I was licensed by the county and the state. I've dealt with all of the laws concerning selling food to the public from taxes, HD requirements and licensing, accounting, legalities, and everything else. Many questions can be answered by going to the Texas State Department of Health website: www.dshs.state.tx.us. Everything else can be answered on the comptrollers website: www.window.state.tx.us and the IRS website: www.irs.gov It's all in black and white. I'm seriously not trying to be rude...just stating the facts.
This has nothing to do with "having something against homebakers". It has everything to do with operating illegally and trying to say you're not.
I've been dealing with this this past week. For the City of Plano, in Collin County, what I needed was a food permit (my own, even though I am renting from another bakery) Food Safety training, and that was about it. I don't need the tax form thing, even though I will be getting a tax ID for my business.
For the garage, I actually asked my city that. For my town, I have to have a garage for my house. So basically if I convereted my garage, I would have to build a 2nd 2-car garage to adhere to the city regulations.
I've been dealing with this this past week. For the City of Plano, in Collin County, what I needed was a food permit (my own, even though I am renting from another bakery) Food Safety training, and that was about it. I don't need the tax form thing, even though I will be getting a tax ID for my business.
For the garage, I actually asked my city that. For my town, I have to have a garage for my house. So basically if I convereted my garage, I would have to build a 2nd 2-car garage to adhere to the city regulations.
The tax ID is just one of those things! If you were selling only whole cakes in a box you'd still have to file sales tax(even though you wouldn't ever collect any)....you'd have to sit there and do the paperwork just to file $0. They seriously just want to bury people in paperwork....like we have nothing else to do! 
"Legal" is defined three ways:
!. Health Department/ food handling/ health inspection
2. State Tax controller- collected the customer paid sale tax, as required on sold goods (some items exempt, some not), and turning that over to the state.
3. IRS- income tax on the profits you make, paid by you.
So you can be "legal" in one category, but not in others. So "kinda" legal, or legal in some categories is not FULLY legal. Those who pursue "legal" status, need to pursue legal status from all... HTH
Rita
And just to ask...how do you pay taxes on your cakes for a business that doesn't exist?
I'm seriously not trying to be rude...just stating the facts.
This has nothing to do with "having something against homebakers". It has everything to do with operating illegally and trying to say you're not.
You may not have intended to sound rude but you came off sounding that way to me. I have never said my business was fully legal and never tried to portray it as such. All I said is that in my county they were not as strict as other and that I did pay taxes on my income which you said did not exist. I also stated that by next year I would have a legal kitchen.
I thought you were rude when I was just joining in the conversation. This is a free forum to help everyone and when threads turn nasty it hurts everyone. JMHO
And just to ask...how do you pay taxes on your cakes for a business that doesn't exist?
I'm seriously not trying to be rude...just stating the facts.
This has nothing to do with "having something against homebakers". It has everything to do with operating illegally and trying to say you're not.
You may not have intended to sound rude but you came off sounding that way to me. I have never said my business was fully legal and never tried to portray it as such. All I said is that in my county they were not as strict as other and that I did pay taxes on my income which you said did not exist. I also stated that by next year I would have a legal kitchen.
I thought you were rude when I was just joining in the conversation. This is a free forum to help everyone and when threads turn nasty it hurts everyone. JMHO
I wasn't nasty....just stating the facts. And yes, this is a free forum to help everyone. I feel like you are misleading people who are looking for a way to do this legally by saying the only thing you are missing is the legal kitchen. Take what I am saying for what it is...nothing personal...just business.
Come on, guys, let's not make this into a nasty thread. Sweetconfectionschef already said she didn't mean to be rude, so let's just leave her alone and go on.
Okay ladies, sing along.
The stars at night are big and bright..(clap, clap, clap, clap).. deep in the heart of Texas.
Our cakes are sweet, designs are neat..(clap, clap, clap, clap)... deep in the heart of Texas.
Our fondants smooth, we're in our groove... (clap, clap, clap, clap)... deep in the heart of Texas.
Our butter's creamed, our cakes don't lean... (clap, clap, clap, clap).... deep in the heart of Texas.
-Debbie B. 
Work with me here - same song, second verse.
We've mixed our batter, our flavors matter...(clap, clap, clap, clap)... deep in the heart of Texas.
Our cakes are done, Blue Ribbons won... (clap, clap, clap, clap)... deep in the heart of Texas.
Our whimsicals, tilt fun, not dull... (clap, clap, clap,clap)... deep in the heart of Texas.
Our favorite pan, maps Texas land... (clap, clap, clap, clap)... deep in the heart of Texas.
- Debbie B.
I don't intend to be nasty. Not in the least. There is a thin line between frankness and rudeness. You can tell anybody anything with kindness and even frankness without offending. It is a skill some people have and others do not.
I was not trying to mislead anyone at anytime. I just stated what I was doing at this time. I didn't need to be bashed for being "illegal" and told I don't have a business in such a nasty rude way. As my dear little grandma used to say " you will catch more flies with honey than vinegar".
DebTX - your song is absolutely darling!! Did you write that? Love it.
Oh, I believe that tune will be with me for a long time now....it always is. Thanks a lot!!! But I am singin' along as well.
) I wish there was a yellow rose emoticon... I've been dealing with this this past week. For the City of Plano, in Collin County, what I needed was a food permit (my own, even though I am renting from another bakery) Food Safety training, and that was about it. I don't need the tax form thing, even though I will be getting a tax ID for my business.
For the garage, I actually asked my city that. For my town, I have to have a garage for my house. So basically if I convereted my garage, I would have to build a 2nd 2-car garage to adhere to the city regulations.
Does this mean that taking part of a 3 car garage in Collin County is not enough to have a legal kitchen?
We're thinking of, possibly, just possibly, moving out there, and I was getting so excited about the possibility of converting part of a 3 car garage into a legal kitchen. But, now it sounds as if just 1/3 of the garage wouldn't be considered enough space to meet legal requirements.
LOL Debbie, I have been humming Deep in the Heart of Texas all morning! You are too funny.
Do you mind if I print it off and share it with the girls in the cake club? They will get a big kick out of that!!
Please feel free to share it. The larger the choir the better. We want the other states to hear our Texas cake enthusiasm. 
-Debbie B.
Oh, I thought I might warn you.
My re-made song can stick in your minds for days on end. Out of no where, you will find yourself humming this tune, until you burst into full song.
-Debbie B.
Your song is fantastic!!! LMAO!!
Sorry I am not a "sugar coating" type of person....it's just the way I am.
I've been dealing with this this past week. For the City of Plano, in Collin County, what I needed was a food permit (my own, even though I am renting from another bakery) Food Safety training, and that was about it. I don't need the tax form thing, even though I will be getting a tax ID for my business.
For the garage, I actually asked my city that. For my town, I have to have a garage for my house. So basically if I convereted my garage, I would have to build a 2nd 2-car garage to adhere to the city regulations.
Does this mean that taking part of a 3 car garage in Collin County is not enough to have a legal kitchen?
We're thinking of, possibly, just possibly, moving out there, and I was getting so excited about the possibility of converting part of a 3 car garage into a legal kitchen. But, now it sounds as if just 1/3 of the garage wouldn't be considered enough space to meet legal requirements.
You know, I don't know! Call the city and ask. They are pretty helpful...I just know I had to have at least a 2 car garage.
Hey joshalow- in my previous post, I tried to show how MANY people/ agencies are involved. So what the tax department does care about, the health department might not.....just because health department doesn't care if you collect sales taxes doesn't mean you don't have to. Before I put my hard earned $$$ out there converting / remodeling for a business space /area, I would call (and note names/ dates/ times answers given)
1. HOA- is there an HOA that defines use/ space/ building requirements?
2. Are there city/ zoning requirements?
3. County- any county requirements.
4. Health department- what the health department will require of you.
5. Then, the more "standard" stuff like tax number from state controller to collect sales tax
6. Of course IRS requirements....
Not trying to bitch... 
just if you are speeding, know what the posted speed limit is anyway. Our government agencies rarely chase small potatoes, but as all have pointed out, I can be HELL if they do... Who follows ALL the rules ALL the time- yes, we should, but..... at least know what SHOULD be done so you can strive for it. And yes, as others will say, you have a lot to lose if you get "caught".
PS. ALL TEXAS FOLKS- remember clothing sales tax free weekend this Fri/ Sat /Sun.....
Is there anyone in Houston, North Harris County with any info. or suggestions? I am new at this and picture myself in a little 50's Diner style shop in a few years. (Wishful thinking.) But for now, I've only sold to friends and neighbors out of my home kitchen and never really thought about the legality of it. I wouldn't want to get in trouble for a cake. Thanks for all the info you guys could possibly provide.
Is there anyone in Houston, North Harris County with any info. or suggestions? I am new at this and picture myself in a little 50's Diner style shop in a few years. (Wishful thinking.) But for now, I've only sold to friends and neighbors out of my home kitchen and never really thought about the legality of it. I wouldn't want to get in trouble for a cake. Thanks for all the info you guys could possibly provide.
It's a small world! I'm in North Harris County myself! Spring to be exact! Where are you?? You can PM me with any questions you might have!
i was reading thru this discussion and find it hard to understand how or why someone thinks it is alright to do cakes out of thier house for anyone but friends and family. when someone advertises (web site, business cards, phone book) they should be put on the same playing field as the legit bakery. the way i see it, is that the legit bakery has to pay for permits, licence, payroll taxes, ect.. on top of that the legit bakery has to go thru health dept inspections. how do you think the legit bakeries in your area feel about you not having follow the rules because you have made "friends" with the local health dept? how many legit bakeries in your area?
don't you think you are taking business away from hard working legit bakeries? so what makes it ok?
No, I don't feel "bad" for a bakery- it is a business. I don't feel bad when I cook lasagna instead of going out to a restaurant, or feel bad when my son fixes my car instead of a repair shop, or that my hubby painted my bathroom and not a painter. But I am just a hobby baker, wanting to get better- as an art form.
I also understand that "Ace of cakes" ala "Charm City wants a minimum of $1k for a cake. Honestly, who here would PAY that, as a customer???? 
I couldn't.... But I appreciate the art form of cake much better now.
If someone wants to "get their feet wet", yes, they have to start somewhere, and not all can afford $50K, or better, in start up costs. That often translate to "cakes on the side", "out of my kitchen", or any of a number of variations of "illegal". I think all should be informed of the potential legal can of worms they may get in, but I also think there should be an "end" to the slamming of the "kitchen cooks". I am no more "stealing" business from a bakery, than I am stealing from the restaurant, plumber, mechanic or painter whose job I do myself for budget concerns as a DYI project.
Johnson6ofus--
Your references are 2 different things. You're doing cakes for a "customer". If your son is fixing YOUR car or your husband is painting YOUR bathroom, that is for YOU, not another customer.
If your husband was painting on the side for other people that is the similarity.
We don't knock the home bakers--most of us DID start there. But the can of worms can balloon when the home baker who doesn't have insurance and may be sued (God forbid) for someone getting sick or breaking a tooth on decorations. In this sue-happy world, it can certainly happen.
It is only when the home-bakers become legal that we realize how much is really at stake. Home bakers can lose everything in a lawsuit--home, reputation
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