The enormous relief I felt when I became legal just a month ago is immeasurable. I felt a huge weight lifted off my shoulders. I immediately set up a website, FB page, began passing out business cards to anyone and everyone, all without the threat of being caught or turned in, and I get to do what I love to do!

Alvarezmom, you're right. There is a nominal amount you can earn each year and not report. It's about $500 or so. The up side of reporting your income is that you can deduct a lot of expenses and often come out ahead. My days of doing my own taxes are long over. I try to read those IRS forms and instructions and they just run me in circles.

I don't mean to start a fight. I just don't think paying or not paying taxes you owe is a matter of opinion. But I do understand your point that each person decides the kind of person they want to be. One who is law abiding or one who is willing to break laws because they're pretty sure they won't get caught.

And mama don't take my boxed cake mixes away!!

I think if its the law you need to follow the law, but that does not at all mean it is right. The government is in to our pockets and into our lives way to much......and it is about to get worse. Personally I think its BS. If some one wants to buy a dam cake from someone who has 20 dogs in their house, hey ley then eat dog hair, it should be that they have the freedom to make that choice, and not the government saying oooh you can't buy a cake there you may get a belly ache........hey if they get a case of montezumas revenge, I bet they go to the bakery next time ot joe's house of cakes and clean hands next time! I don't happen to think that makes me unpatriotic, but contrare......I think freedom is KEY!

I also feel that the govt is too involved in our lives, but not paying taxes you owe is not right. Everybody expects "free" stuff but they're not willing to pay for it, let someone else pay for it. b/c some ppl dont pay, and b/c some pple just take what theyre not entitled to, the tax rates go up, up, up for the law abiding citizens. Anyone who feels that we are overtaxed or that the govt is too involved in our lives has to vote that way, but just to take it into your own hands, and sell illegally, well, i feel bad for you if you get caught, but not really, you earned it.

"I also feel that the govt is too involved in our lives, but not paying taxes you owe is not right. Everybody expects "free" stuff but they're not willing to pay for it, let someone else pay for it. b/c some ppl dont pay, and b/c some pple just take what theyre not entitled to, the tax rates go up, up, up for the law abiding citizens. Anyone who feels that we are overtaxed or that the govt is too involved in our lives has to vote that way, but just to take it into your own hands, and sell illegally, well, i feel bad for you if you get caught, but not really, you earned it."

Okay, I agree with this, I normally just like to read posts, but I have to speak- for the people that are not legal- What are you teaching your children? Yes, it sucks that you have to follow the rules, but don't you want your children to learn that regardless, you must? What they see is what they learn to do. And maybe you don't have children, but there is a whole generation growing up learning the wrong things, do you want to contribue to that? Not trying to make anyone mad, I just see the kids nowadays and am a little afraid of what's to come...

Just to clarify from what I previously stated. I also agree we need to pay taxes on what we earn. Unfortunately where I live your not allowed to sell from your home so I only bake for friends and family, but if one day I can sell my cakes (which I hope I can) I will definitely pay taxes on them. I agree that we need to be an example for future generations. I've got two little ones and I would hate to think they would grow up thinking it was ok to break the law if it fits your needs.

I definitely see your point cakemaker30. I think if they did change the regulations to where you don't have to be licensed to sell food from your home like I said earlier, they would still need to put regulations on it like no advertising so people would not assume you were certified and you not be. I guess I just don't think it's right that if your friends want to buy a cake off of you or someone they know wants to buy one off of you (knowing full well you are not licensed and bake from your home) you could end up paying a huge fine. I think more of what I would really like is for it be legal in every state to be able to have a completely legal, licensed, insured bakery out of you home. I suppose that is just something that I will have to write to my local officials about though.

BTW if you happen to be looking at my pictures, I do realize I need alot more practice before I could actually have my own bakery. Just something I would like in the future

I'm very fortunate that we were able to move to MA in 04 and build our own home and add a commercial kitchen.

Even though MA does allow licensing of home kitchens, there are many that have still made the decision to NOT get licensed/insured.

Pretty dumb I agree, especially since it's really not that big a deal to get the inspection.

I see one of these people regularly at the baker's supply and she's very bold about the fact that she "shouldn't HAVE to obtain a license to sell a few cakes a week". She advertises on FB, Craig's list and even has a big old business name magnet on her mini-van.

She obviously thinks she's above the law.

I'd love to ask her if she thinks it would be ok to walk into Macy's, try on a new outfit and leave without paying for it......what's the difference in doing that and running an illegal business? Nothing, both are breaking the law, both are stealing.

I can absolutely understand how someone who is following the law and see's people not, can get seriously pissed. I also think people who own a bakery and have overhead and expenses to pay have to compete with Sue up the street working out of her kitchen with no overhead. All valid points. I just am sick of the government telling me when to eat and when to fart......leave us alone! We now return to our regulary scheduled posting hee

Oh and one more thing......there are some laws of course that are necessary but seriously we are not children and those people in Washington are not daddy!!!! Give me a break...and if you think just becaus esome one is licensed its clean etc........the government is in it for the fee you pay and the fines it can levy...not interested really if its a real turd in a punch bowl that is supppose to be cake.

AND..........................not everyone is looking for something "free".....I thank you...

I worked at a bakery for a little while that was a fully licensed operation and had been for 75 years... they had a moldy leaky freezer, termites in the basement, a serious hornet problem in the fall, and NO hot water in the bathroom.... And the inspector would come in, shake hands, sit down and eat some cake. Never looked around and never cared. I do agree that we have to obey the law- I am licensed and insured, yada yada yada.... but I do think it strange that a license means nothing in my county except for a piece of paper, (oh and a receipt for $585) My inspector has been back once in the almost 2 years I've been in business, and he gave me 4 days notice so he didn't have to make an extra trip! When he told me he wished all inspections went as well as mine, I had to hold my eyes steady so they wouldn't roll upwards and give me away....

Thanks jentreu....you made my argument ...they just want money bottom line

Sure that kinda stuff happens but it's not like that everywhere.

A member on another forum just got caught - she received a letter from her health department stating that information came to them that she was selling food products from her home, and that she needed to produce the proper documentation, or face fines.

Theresa

It's too bad our government has so many flawed laws. I kind of think they should just can the whole system and start over (that's a whole different thread entirely). They have the 'little' people paying the BIG fines for stupid things. I got a fine in my county for having my dogs off leash (even though they were heeling right next to me). I had to go to court and pay $150! What a waste of rescources! Meanwhile, my neighbor's dog has never been out of their yard and barks all day and all night with no consequences. My point is that's it's easier for them to fine the little guys to pay the bills instead of going after the real offenders like those operating discusting bakeries.

I don't think I should be able to just do 'whatever I want'. The world would be a terrible place if everybody did that. But, I do NOT beleive in robotically doing whatever the 'rules' tell me. That's why we have free choice. As for setting a good example for my son and the future generation in general - I plan on teaching him to think for himself regarding laws and life altogether. And of course, one must remember when CHOOSING to break the law; there will be consequences if one is caught And you must be prepared to pay the piper.

I saw this post and just had to respond. I have to say that I agree and respect every members post here about becoming legal. I was just discussing this topic with a friend (who shall remain nameless) and she royally ticked me off with her views. She says that she been doing food catering for years and never heard about anyone getting caught or sick. Claims that she has advertised all over and nothing has ever happened to her, so why am I being such a worry wart. Although, I am not at the artistic level of many of the bakers/decorators here on CC, I have the desire and the drive. I found something that I totally love and will stand on my feet and go without hours of sleep to fulfill a promise of a cake to someone i love. With that said, I know the only way I can continue to make free cakes for my loved ones, is to be able to market to others and generate some money. This will also allow me the freedom to do as many as I want, educate myself more through resource material (dvds, seminars,classes,etc) in order to take it to another level. Becoming a legal business is the cherry on top of this great sundae. Here in NJ, you can not run a business from you home ( sad to here that from local health department).

So what's next for me you ask:

Inquired and signed up for a food handlers/food caterers class with health department.

After passing, have to have a licensed commercial kitchen inspected (found one through a local non-profit that I can rent by the hour when I need it)

Once i have the license I can register my business and advertise (means now I can have orders that will pay for the rental) while still making my cakes for friends and family at home when I can not rent.

I can receive payment(not just donations) for my hard work whether it be some cupcakes and cookies for the church or birthday/wedding cakes for others(hopefully).

Resting easy knowing that I have done all that I need to do in order to fully enjoy this new love and make plans on leaving my 9-5 behind someday.

P.S I work for a CPA firm so I know all the benefits of making it legal and not messing with the IRS (tax write-offs, reporting of income, fines, liens, etc)

Good Luck to all and listen to the wisdom that legal CC members have to offer (it is priceless without searching the net for hours)

Sorry for being long winded- Just wanted to share

I, like others, know someone who got caught. And it was a horrible experience for her and I would never put myself in that position. (Not just for the fear of getting caught; but for ethical reasons and respect for others who work their butts off doing it legally.) In fact, at my SILs baby shower a couple weeks ago, a guest I didn't know asked me if I do cakes professionally to which I responded "It's always been a dream of mine." And she goes "Well, you can do it under the table." I said absolutely not, not worth the risk for me to put myself on the line to ruin my reputation before I've had a chance to get started. I told her I can only do it for friends and family, with NO money exchanged. My cakes are gifts. And, until I hit the lottery, that will have to do!

I read this thread last Thursday night, and I'm so so so glad I did. I'm not licensed, and I've sold cakes to friends (not really profiting much, if at all). I have a wedding cake due in two weeks that they wrote me a check for. So, after reading the thread, I became very active in my pursuit of trying to do this cake as legally as possible. These people are pseudo-friends. She's the sister of a friend of mine. I did not advertise.

I know that I will not be able to become licensed, or find a place that is up to code per HD before the wedding. So I decided that my only option is to give them a check for the amount they paid me and have them deposit it before their wedding. All I could think about is Leah's story....the "MMMM. This cake is really good...who made it" story. Honestly, it's not worth the risk. Someone told me to have them give me cash for it. Yeah, right. Then, I would also have to ask them to lie for me. "Hey Bride....if ANYONE comes up to you and asks you who made the cake and how much she charged....just tell them i did it for free....*wink wink*. And, that's not my character, anyway. I WILL NOT do it under-the-table. It's lying. I know all the arguments about how the government steals from us and lies to us and yadayada, but I'm claiming responsibility for MY actions. In the end, I want a clear conscience.

So, today, I called the health inspector that comes in to the restaurant I work at. Our restaurant is on very good terms with her. I told her that I was interested in selling cakes. And I told her about how I had read that a person is not allowed to receive ANYTHING in return for the cake. No money, not even for supplies, or cake pans. What she said is that, if I want to do a wedding cake for a friend or family, and even receive money for it, she has no problem with that. She said that's my business (not business as in, own my own business). But she said that it's when I'm putting myself out into the general public, advertising, and as a business, then that's when it's illegal. So basically, I can do this wedding cake, and keep the money she gave me (I'm responsible to claim in on my taxes as extra income), and, yes, I'm not incorporated so there is a risk of a personal assets loss if something happens and I get sued. Any thoughts on that?

Because of this thread, I will be moving forward after this wedding cake to become legalized so I CAN put myself out there to the general public.

I live in Kansas. I'm not sure if your health inspectors would tell you the same thing or not. It did take a large weight of fear and intimidation off, but I'm still moving forward. I like this adventure.

Aprilbree that's good news, I'm glad it worked out for you. This site is a wealth of information for all of us.

You might also check with the venue where the wedding reception is being held to be sure they allow food to be brought in from unlicensed bakers. I've had to show my "proof of business license/insurance" on a number of occasions.

Just something that you may not have thought of.

Good luck with your pursuit to become licensed.