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Archive for July 16th, 2020

THE BRIDESMAID BRACELETS

Posted by learntobead on July 16, 2020

lMy niece Dara and her bridesmaids

For years, I fretted. I worried, and fretted, and paced up and down, and down and up. I rubbed my hands in the way that worried people rub their hands. I shouldn’t go. I would not go.

To my niece’s wedding.

My only niece.

Of my only sister.

My niece who I had hoped and prayed and prayed some more that she would never get married. Why couldn’t she just live with the guy? Why marry? Marriage is an encumbrance. It’s an outdated, middle ages kind of thing that denigrates women under the guise of “protecting them”. They sign a contract giving themselves over to the man, vowing to obey. Respect. Follow. Bear babies. Cook. Clean. Even earn a living, if he can’t.

Yet the man keeps the power. His voice to God. Her voice through his to God.

Marriage. Not for me.

And I didn’t want to go.

Too afraid I’d say something or do something to upset people.

Because they would be there.

Those cousins.

And their children.

And their children’s children.

Too many of them, and only one of me.

But my cousins had rejected me because I was gay.

And that hurt.

And then that rejection became an idea of rejection and a symbol of rejection, and I thought how often in life, from when I was very young, to when I was much, much older, — how often in life had I been rejected for some label or category or reason having nothing to do with me. Rejected as a Jew. Rejected as gay. Rejected by friends. Rejected by strangers. Rejected by family.

So toxic.

Didn’t want to deal with this.

Preferred avoidance.

Thought over and over again what excuses I could give my sister.

I thought about this when my niece was 13.

I thought about this when she was 18.

Then 20, and 23, and 24 and finally 28, when I had to make a choice.

My sister and her family were very close to these cousins, closer to them in most ways than to me. Years ago, my sister used to invite me for Thanksgiving and for Passover. And she invited all these cousins, as well. She liked to give a party.

Partying with these cousins was too toxic for me, so I made excuses. Too busy at work. Things too slow in business so couldn’t afford it. Had other things scheduled.

For me to feel comfortable, my sister’s choice would have to have been “ME”, not “THEM”. I felt bad. I felt guilty. I didn’t want to put my sister in this situation. It was easier to come up with an excuse.

But year after year, the situation took its toll. Rejection — a symbol, but painful nonetheless. Not because of the act itself, but the symbolic power of the act to affect me — Rejection — put a wedge between my sister and myself. I did not have the self-confidence, and I didn’t value myself enough, to prevent caving in before this symbolically powerful act of rejection because I was gay.

And I didn’t have to deal with this as long as I stayed hundreds of miles away from New Jersey and Maryland and Virginia and Florida. Tucked safely in middle Tennessee.

The wedding was in March.

The previous summer, I decided I would go. Not exactly sure what changed my mind, perhaps a feeling of familial obligation, perhaps putting my sense of self to the test, perhaps wanting to try out all that good food and cake and drink specially prepared for the occasion. My sister plans the best parties.

I offered to make bracelets for all the bridesmaids.

I wasn’t just being a good guy here. Jewelry and design are at the core of my identity. The jewelry I design is the result of my choices. Choices about colors. Choices about the placement of lines, shapes and forms. Choices about the clasp and how to attach it. Choices about materials and techniques.

My inner being. On display. Irrefutable.

My choices have little to nothing to do with the label “JEW”.

Nor do my choices have much to do with the label “GAY”.

They are about me. A Designer.

Reflected in my jewelry.

And would be on display.

Accept or reject my jewelry.

And you accept or reject me.

On my terms.

My own terms.

Me.

My essence.

My resonance.

My jewelry.

This was my chance to shine. I was going to create a special bead woven design for these bracelets. Something frilly and girly for a wedding, but something also indicative of my style. Something that would not take too much work, but would look very rich and substantial.

I designed what I thought would be the perfect bracelet. A mix of stitches. Great looking beads. Had movement and dimension. But I was struggling to find the perfect color palette. The bracelet was made up of 4 colors, and a 4-color color scheme is one of the most difficult to work with — especially when it comes to beads, which are not available in all colors, let alone 4 colors which could specifically work in a specific color scheme in this specific bracelet.

While I was struggling to pick colors, Dara, my niece, had been doing a little online research, as well. She found two bead-strung bracelets on Etsy that she particularly liked, and shared these with me.

No, No, No!!!

My first reaction was Horror! Oh No!, she wants something bead strung and so non-artisan looking. Making these up would not signify to my terrible cousins nor to my good cousins, who I was all about. As Jayden, my partner, said, buy all the parts and do it quick. You’re not close to your niece, so who cares. But to me, although the work involved would be minimal — it would not be enough of a gift for the wedding.

Don’t get me wrong. These two bracelets were very attractive. They were just so out of sync with everything I wanted to do, and everything I wanted to accomplish. And I had to ask myself: give Dara what she wants, or go off in a different direction?

The question was kind of rhetorical. Of course, I’d give Dara what she wanted. But what to do. How can I construe, mold, fashion, arrange the bracelet to be reflective of me? Jewelry designer Me. Bead artist Me. Worthy cousin to be awed and ooh’ed over Me.

The bracelet Dara wanted was 3 strands of 6mm round fire polish beads in two coordinating colors which matched the color of her bridesmaid dresses. The beads were staggered in a V-shape like bowling pins, each section separated by a diagonally placed 3-hole spacer bar.

Bead woven spacer bar, with right angle weave sides and flat peyote top and bottom, top embellished with Austrian crystal beads

I thought long and hard about how I could make this general design my own. A few weeks passed. And an idea came to me. I could bead weave the spacer bars. I could alternate right angle weave and flat peyote to create a stable, rectangular shape. The right angle weave sections would be the two sides, which would allow me to build in the “holes”. The flat peyote would be the top and the bottom, which would allow me to build in a shape-supporting structure. I would embellish the tops of the bars with 2mm round Austrian crystal beads, and I would create bead woven end caps on either side of the bar, to give the bars a finished and polished look. Then I would use needle and thread to string everything up.

That was my answer.

It was a good one.

So, first, I set about coming up with the bead woven pattern for my spacer bars. This did not take very long because I had a clear idea about what I wanted in my head. What was not in my head, however, was how long to make the bars and how many holes each should have. And would they work in the whole composition.

I ended up making 5 test bracelets, each requiring 11 spacer bars, and each with some variety in the design or placement of the spacer bars, and in the attachment strategy for the clasp.

Now I had three key tasks finished:
 (1) The design of the spacer bars
 (2) The construction plan for the bracelet
 (3) The construction plan for attaching the clasp

Next, selecting the right colors of beads.

First off, I wanted to use 6mm round Austrian crystal beads, instead of Czech glass.

There were images of the bridesmaid dresses on line, but the actual color skirted that area between blue teal and green teal, and not every computer screen showed the color exactly. It became critical to the choice of colors, given some limited choices available in the Swarovski line in this range, whether the dress was more on the green side or more on the blue side.

My sister said Blue.

My niece said Green.

My sister was supposed to send me a fabric sample, but she lost it.

I mocked up 3 bracelets, one all blue teal, one a mix of blue and green teal, and one more green teal.

My sister picked the green.

My niece picked the mix of blue and green.

And my gut, from looking at the computer images, was telling me it should be all blue.

Impasse.

I went with my gut, and settled on all blue, actually a mix of capri blue and Caribbean opal.

Dara’s Bracelet w/Austrian crystal beads

There were four bridesmaids. I asked my niece to get their wrist measurements. One the bridesmaids had a very, very thin wrist. Would my design work for her? I agonized over it. The sections were very rigidly organized, and I’d have to remove a whole section at a time. Luckily, this worked OK.

The only other hitch that came up had to do with the availability of the parts.

In another color palette using Czech glass

I designed the piece in September. The wedding was in March. In November, I tried to acquire enough clasps and end bars for the clasp assembly, and found out that both the clasp and end bar I had chosen were either out of stock until the following April, or no longer manufactured.

So began the desperate hunt for these parts. The end bars had to be 22mm wide, or very close to that, with 3 holes and 3 holes spaced out evenly across the bar. Most 3-hole end bars were around 15mm wide. Found some in Israel, which while no longer manufactured, the supplier had just the amount I needed left in stock. Easily found a substitute clasp.

Then there were the beads. Again, I’m in November. The capri beads were out of stock from my supplier, and 2 of my alternative suppliers, but due back by December. The Caribbean opal beads were out of stock, and not due back anytime soon. I found a supplier who charged a little bit more for these, but got enough for my needs.

Whew!

It was a few weeks before the wedding, and I was wondering if my choice to attend was the right one. Over and over and over again, I played out in my head what I would or would not say to my very prejudiced relatives. One part of me wanted me to be pleasant but distant. Another part of me wanted me to say something pointed and ugly.

I asked each of my friends, what they would do. I wanted so badly to be pointed and ugly. I was leaning in that direction. Of course, I didn’t want to upset my sister or my niece.

I thought back on the event that started it all. It was really so insignificant. An expected invitation never came. But I hadn’t planned on going. I expected to receive an invitation, however. Because everyone expected me to receive an invitation. We all had been planning vacations and things to do around this invitation. For well over a year at that point. We had been planning. All of us. When we were going to arrive, where we were going to stay, and what we were going to do. And while I didn’t plan on going, I expected the invitation.

I’m a firm believer that every few years, we each go through a life crisis. When we are babies, we have to resolve a crisis of finding out who to trust, and who not to. A few life crises later, we’re in puberty, having to resolve whether we’re still a kid, or some kind of adult. Several life crises after puberty, we go through a mother of all life crisis — what we call Mid-Life Crisis. This crisis is filled with anger, frustration, regret, disappointment, fear.

Eventually we come to terms with mid-life. That’s what I did. And then I had a sudden, almost primal, no, yes it was primal, urge to reconnect with my family. I had grown apart from my sister and father and brother. From my first cousins in Florida and those in New Jersey, New York and Maryland. And from their children, my new second cousins. And I was feeling the need to re-connect. Post mid-life I felt the need to re-connect.

And I did.

I slowly began to let everyone know I was gay. They kinda knew and suspected already. But I made it official. Pretty much everyone except my sister was supportive at some level. Eventually she got used to it.

I was invited to my cousin Michele’s oldest son’s wedding. And then, over the next few years, to some other weddings and bar and bat mitzvahs and special occasions. I re-connected. I was happy. Soon there were the occasional phone calls and emails. A few of my cousins sent out the periodic mass emails, and I was on their lists. I kept up with their newsy news and not-so-newsy news, their shared successes, their joys in life, and the every-so-often sadnesses. I felt included. Supported.

It was important to everyone, and you could tell, because they spent so much time doing it, to anticipate the next event we’d all attend. The next event was the marriage of my cousin Michele’s middle son.

It was to be a June wedding. I got a phone call sometime in April from my sister. “Did you get your invitation yet?” And a day later, from my cousin Leslie. “Did you get your invitation yet?” And obviously the answer was, No! Not yet. I kept checking the mail for several days, and then it began to dawn on me that I wasn’t invited. I wasn’t going to be invited. And if not getting invited to an event that I wasn’t planning on going to wasn’t enough of a jolt and shock, both my cousins Michele and Paulette dropped me from their almost daily mass email lists.

I was person non-grata. Why?

I asked myself, Why?

And I asked some cousins, Why?

And it became known that the Why was because I was gay.

And that was that.

Excluded again.

Of course, I wanted my sister to make the choice not to go.

She went.

And that put a wedge in our relationship that never really healed, because it was irreconcilable.

And I got very depressed for a few months afterwards.

And this what otherwise would have been a little incidental event, over the years, took on more and more negative meanings for me. I think of the event, and I also think of all times I struggled for acceptance and inclusion as a Jew. I think of my sister, and I also think of all the times I struggled for acceptance and inclusion as a Jew. I think of how my parents, in the face of all the times I struggled for acceptance and inclusion as a Jew and was physically or emotionally punished by the powers that be for trying to step outside this imposed boundary referred to as “Jew”, looking the other way. Pretending there were no issues. Telling me over and over again that I lived in a Christian world and had to accept that fact. Accept lower grades just because I was Jewish. Accept exclusion from student activities just because I was Jewish. Accept the fact that I couldn’t play with my friends who went to the local country club, accept the fact that I had difficulty getting dates with Christian girls, except when they wanted me to show up on their doorsteps and shove this “Jewish thing, monstrosity” into their parents face, even accept the fact that barely a day went by without someone accusing me of killing Christ.

And you can see where all this goes. Getting rejected as gay brought up deeper feelings of getting rejected as a Jew.

So I wasn’t invited to a wedding. So my relationship with my sister and her family never became close — at least for a long while. So I no longer kept up with my cousins and second cousins and all their offspring. So I had some issues with my parents and my school and the dominant Christian culture. That’s largely behind me. Not an obsession. But the oncoming wedding of my sister’s daughter forced me to focus on these things again.

Thank God the wedding only lasted a weekend.

True to form, my sister threw a grand event people are probably still talking about.

In the few months leading up to the wedding, I concentrated on designing the bridesmaids bracelets. As I determined how I would make the pieces my own, I got very excited. I developed a very clever and professional way to bead weave the 3-hole separator bars. I combined Right Angle Weave and Flat Peyote, using the structural and inherent properties of each in a strategic way. This allowed be to create holes in the sides through when to thread the strands, and structural support to allow the bars to keep their shape.

I kept thinking that, while the bridesmaids would find the bracelets appealing and desirable, they would never appreciate the amount of thought, work and insight involved in their construction. So, I decided I would later turn this piece into a kit and a workshop. This piece was a great example of my evolving ideas and writings about the architectural bases of bead weaving stitches.

Dara’s bracelet in Czech glass

The wedding itself was beautiful, and went off without a hitch. The food was terrific. The location romantic. The flowers and bridal gown beautiful. There were over 200 guests. And about 60 of those I was trying to avoid.

I arrived a day earlier. One of my cousins, whom I do speak with occasionally, arrived at the airport at the same time. After we checked in at our hotel, we went to lunch and unloaded about all the relatives. She and I have similar opinions about these people.

In the late afternoon, I stopped by the Bridal Suite, where they had set up to greet guests arriving early and staying at the hotel. You walked into the equivalent of a living room. Off to the left were a bedroom, kitchenette and bathroom. Off to the right were a dining room and an outdoor patio. It was in the 30’s and wet and snowy, so no one went out there.

As more and more people gathered in the Suite, I found myself talking to some folks in the dining room. And then, one by one, two by two, three by three, these cousins I wanted to avoid started filling up the center room. And I found myself backing up against the far dining room wall, seemingly pushing myself into the wall and through it, or so it felt to me. My mind left the room and merged into the wall. I desperately looked for an opening where I could run through the living room and out the door. But more and more people came flooding in. I was having trouble catching my breath, slowly going into panic.

At last, an opening. I escaped. Hyperventilating. I went up to my room, and waited until I regained some composure. My panic attack had run its course.

Twenty minutes later, I returned to the Bridal Suite, bridesmaids bracelets in hand. I had put each into its own jewelry box, with the name of the bridesmaid written on a card in each box. They were going to take the bridal pictures in the morning, and I wanted to be sure they were wearing their bracelets. And I secretly wanted a lot of these people crowding this Bridal Suite to get a glimpse of what I had made.

As I had thought, they loved the bracelets — they were beautiful — but were clueless about design. That “full” feedback is so very important to me, but often missing.

Luckily the colors of the bracelet perfectly matched the dresses.

My job was done.

Dara’s bracelet, different palette, Czech glass

Other Articles of Interest by Warren Feld:

Do You Know Where Your Beading Needles Are?

Consignment Selling: A Last Resort

Odds or Evens? What’s Your Preference?

My Clasp, My Clasp, My Kingdom For A Clasp

Why Am I So Addicted To Beads?

The Bead Spill: My Horrifying Initiation

The Artists At The Party

How To Bead A Rogue Elephant

You Can Never Have Enough Containers For Your Stuff

Beading While Traveling On A Plane

Contemplative Ode To A Bead

How To Bead In A Car

My Aunt Gert: Illustrating Some Lessons In Business Smarts

A Jewelry Designer’s Day Dream

A Dog’s Life by Lily

I Make All The Mistakes In The Book

How Sparkle Enters People’s Lives

Upstairs, Downstairs At The Bead Store

Beads and Race

Were The Ways of Women or of Men Better At Fostering How To Make Jewelry

Women and Their Husbands When Shopping For Beads

Women Making Choices In The Pursuit Of Fashion

Existing As A Jewelry Designer: What Befuddlement!

The Bridesmaid Bracelets

How To Design An Ugly Necklace: The Ultimate Designer Challenge

Thank you. I hope you found this article useful.

Also, check out my website (www.warrenfeldjewelry.com).

Subscribe to my Learn To Bead blog (https://blog.landofodds.com).

Visit Land of Odds online (https://www.landofodds.com)for all your jewelry making supplies.

Enroll in my jewelry design and business of craft video tutorials online. Begin with my ORIENTATION TO BEADS & JEWELRY FINDINGS video tutorial.

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GETTING STARTED IN BUSINESS: What You Do First To Make It Official! Design-In Practice Series

Posted by learntobead on July 16, 2020

But First, If You Have Not Already Done So,
 Make These Particular Choices Right Now

Pick a date. It might be easiest, from an accounting standpoint, to pick January 1st. But you can pick any date. This is the date your business has been founded, and your business obligations (discussed below) begin.

Define your fiscal year. It would be easiest to make your fiscal year January 1 through December 31. But any 12-month bounded period which works best for you would be acceptable.

Set your goals for success. Everyone’s goals will be different. You might want to sell a few things occasionally. You might want some steady extra income. You might want to be financially self-sufficient.

Determine what business organizational type you want now, and how you might want to evolve into the future. These range from hobbyist to sole proprietor to partnership to various types of corporate arrangements.

The purpose of this article is to provide the how-to knowledge you will need to know to get started in your design business, whether making jewelry or other crafts, or working on projects involving design. While the specific names of some licenses and registrations will vary by locality, there will be comparable things where you live.

NOTE: The information in this section is a guide. It is not a substitute for sitting down with an accountant, lawyer or business consultant.

Specifically, I want to demystify and review with you these things:

1) Getting federal, state, local licenses and registrations

2) How to protect your intellectual property
 
 
3) What form of business? Sole proprietor, partner, corporation, limited liability corporation.

1) Registrations and Licenses

You register and get licenses for your business for several reasons. First, you will be setting up accounts with various government agencies. This allows you to collect money for them, and then transmit that money to them on a regular basis. This might be sales taxes, payroll taxes, property taxes, income taxes, business census information, and on and on.

The account numbers associated with each registration or license, in turn, allow you to present yourself as a business. They make you look more official and give you more legitimacy. They open doors for you to get deep wholesale and manufacturer discounts.

But, after you register or receive a license, each is associated with some application fees, some have annual renewal fees, some have income or property tax levies, most require periodic paperwork and more involved accounting and bookkeeping.

So, to get the benefits of lower business costs to you, you will incur some additional monetary and time costs. You will have to decide at what point in time becoming an official business is right for you.

Let’s look at some of these things I have had to get doing business in Tennessee. Most of the application forms can be found totally or partially online.

STATE

a. Registration to Collect Sales Taxes (called a “tax number”, “wholesale number”, or “resale number”)

This registration sets up an account so that you can collect sales taxes on each of your in-state taxable sales, and then transmit these sales taxes to the state. You only have to register once. There is a small registration fee, but this is a one-time fee only.

The application will ask if you will be doing more than $4500. (or some similar amount) of sales within the current year. If not, you do not need to register. However, even if you don’t think you will, this does not prohibit you from saying Yes. Saying Yes means you will start to incur costs (fees, taxes, paperwork), and have to be more organized as a business. But it also means you will be able to purchase inventory at wholesale prices.

After a few years, the state will review your activity. If less than $4500/year (or that similar amount required by your state), they will de-activate your number. You can simply and easily ask them to re-activate it.

Handled in Tennessee by the state Department of Revenue.

b. Business registration number (you might end up with separate business registration numbers for the city, county and state you do business in, or there might be a single number used by all three).

This number allows you to pay business income taxes (to your city, county and state), usually once a year. In Tennessee, this is collected each April 15th. Tennessee also collects a registration renewal fee each year.

In Tennessee, handled by the state Department of Revenue.

c. State Employment Account Number. (It might be called a State Unemployment Account Number in other locales).

If you have employees, and thus collect payroll taxes, you need this number to submit these taxes to the state. Typically, you pay these quarterly. You only have to register once for this.

In Tennessee, handled by the state Department of Labor and Workforce Development.

LOCAL CITY AND COUNTY

a. Business License from the county you live in (from County Clerk)

You use this number to submit business county income and property taxes. 
 You renew this annually.

b. Business License from the city you live in (from City Clerk)

You use this number to submit business city income and property taxes. 
 You renew this annually.

NOTE: If you register for a State Re-Sale Number, the State will eventually inform your local county and city. Your county and city will check if you have registered your business with them. If not, they will find you. This works in reverse, as well. If you register with the city and county, they will inform the State, and the State will eventually find you.

c. Business Property Taxes (sometimes called Use Taxes; in Tennessee, called Schedule B)

Each year you send the state and/or county and/or city a list of your 
 business property assets. About 6–8 months later, you get an invoice due 
 notice from the state/county/city indicating how much business property 
 taxes you owe.

Your business property is: displays, tools, register, telephone, computer, 
 fax, credit card machine, copier, furniture and the like; things that will be 
 around longer than 1 year. Some states might consider major (meaning 
 costly) software, such as accounting software, business property. Other 
 states do not.

You do not have to list everything, but you have to list somethings. Many people who first get started think that if everything — tables, calculators, computers, phone, etc. — are old and used, or given to them by someone else, that their value is $0.00. It is not. Here you would estimate the value or depreciated value at the time you consider the first day of your business. You can check auction sites online, like Ebay, to gauge current values.

If you are leasing any equipment, you would list this separately.

Your business property is NOT: inventory, consumable supplies (such as paper, ink, staples, and the like), the parts you use to make your jewelry. It is not something assumed to be used up within a year.

In Tennessee, the state uses a different depreciation schedule than the 
 Federal Government. Your property, from the State’s standpoint, never 
 gets fully depreciated as on your Federal taxes. You cannot expense your 
 property for state purposes, although you can for Federal purposes. This 
 means you have to keep separate Assets Lists for the state and for the 
 Federal government.

d. State Unemployment Insurance Form — if you have employees, you will be submitting state payroll taxes (SUTA) collected on their behalf to the state, usually quarterly.

FEDERAL GOVERNMENT

Federal Income Tax Forms (available from the US Internal Revenue Service online)

Each year, you summarize your revenues and costs on an income tax form (really a series of forms, beginning with a Form 1040). Depending on what form of business (discussed below) you are organized as, you will have different forms to fill out. Learn how to do most of this by yourself without having to pay an accountant or tax attorney. This will save you a lot of money. Use these professionals for the more difficult, confusing parts of the tax code requirements. Besides the Form 1040 Income Tax Return, you will be completing one or more of the forms below.

Most of these are handled by the US Internal Revenue Service. All the forms are available online. Some can be submitted electronically; others, you submit by mail.

a. 1040-ES You will need to submit estimated income taxes to the Internal Revenue Service (IRS) at least quarterly. You do this online, and easily done by yourself. When you do your annual taxes, you will reconcile these payments on your form 1040.

You will be paying these online through the IRS website.

b. Schedule C — You use this form if you are a sole proprietorship to report your revenues and expenses, as well as the total value of your inventory on the last day of the year. This is a form you should be able to fill out yourself.

The only tricky part is that in the expenses section, when it asks for the Costs of Inventory, it is asking only for the costs of the inventory that you have sold during the year. This is NOT all your inventory costs. The inventory bought but not sold during the year is treated as if it were cash. [In your inventory management procedures, you need to be able to accurately track the costs of your inventory that has sold within the current year, so you can deduct these costs from your revenue, thus reduce your tax burden if you are showing a profit.]

c. Schedule SE — self employment taxes. You have to pay both the employer and the employee payroll taxes (so double-paying on yourself as the sole proprietor), if you show a profit on your Schedule C. This can end up being a big number. This is a form you can complete by yourself.

d. Schedule K — If your form of business is a partnership, you will be completing a Schedule K to document your revenues, expenses and profit distributions. This can be a very confusing form, so it is a good idea to have an accountant complete this. On this form, it will indicate where various calculated subtotals or totals should go on the 1040 form, which is something you can do yourself.

e. Form 1120 — If your form of business is an S-corporation, you will be completing a Form 1120 to document your revenues, expenses, profit distributions and tax obligations. It is a good idea to have an accountant complete this.

f. Depreciation Form — This can be a confusing form The depreciation rules can change frequently. It is a good idea to have an accountant complete this form, at least the first time you have to fill it out. Then, perhaps, teach you how to fill this out in the future.

g. 941 Form — If you have employees, you will be submitting payroll taxes collected on their behalf to the Federal Government, usually monthly or quarterly, and reconciling all your payroll tax deposits quarterly.

You will be submitting these taxes online, and will need to set up an account through the IRS to do so.

h. 940 Form — If you have employees, you will be submitting federal unemployment taxes (FUTA), at least annually, but quarterly if these exceed $100.00 in a quarter.

You will be submitting these taxes online, and will need to set up an account through the IRS to do so.

i. Federal EIN (or, FEIN) Number. You can apply for this online through the Internal Revenue Service. This Employer Identification number is a tax identification number (sometimes referred to as your TIN number) similar to a Social Security Number (also a TIN), but attached to a business rather than an individual. You need this number if you have employees and are collecting payroll taxes on their behalf and have to submit these taxes to the federal government.

However, if you do not have employees, this number is still useful to have On various forms and applications you will be filling out for your business, you will be asked to put down either your FEIN number or your Social Security Number. The FEIN makes you look more of an official business. There are no fees or costs involved by having this number. However, the first year after you applied, you will have to complete a Form 940. On this form, you can indicate that you have no employees and will not need to complete this form again.

They will not deactivate your FEIN number, even after indicating you have no employees.

OTHER

a) At some point, you may want to purchase business insurance. If you are working out of your home, this may be problematic. The zoning laws in most places forbid businesses in areas zoned residential. Most business insurance packages will not cover a business if they are violating any law, in this case, zoning. Your homeowners insurance may or may not cover things related to your business.

b) If you have 5 or more employees (that’s the number of people, not the number of full time equivalents), you will need to purchase Workers Compensation Insurance. You do this through a private insurance company.

c) You will need a set up where you can process credit cards.

d) You will need a bank account. You can either set up a business account or use your personal account.

You will need checks preprinted with your business name on them. If you are using a personal account, get business-size checks printed up. If your business type is a sole proprietorship, whether the account is personal or business, your business name is your personal name. So you would have them print something like this, where DBA stands for Doing Business As:

Warren Feld
 DBA Warren Feld Jewelry

e) You will need an organized way (either in-house, or with an accountant or bookkeeper) to track your costs and revenues, and liabilities and assets.

f) You will need an organized way to store all your receipts during the year, and then all your receipts from prior years. You need to store all your receipts and ledgers for 10 years.

2) Protecting Your Intellectual Property

Trademarks and Service Marks

You will want to protect your business name, your slogan, your logo. A legal trademark or service mark expands the protections available to you. A trademark or service mark protects anything you use to identify your brand and differentiate it from other companies. These prevent other businesses from using any of these things, as long as you are actively using them yourself. If you stop actively using these, you lose your trademark or service mark rights to them.

Each State you do business in, as well as the US as a whole, offer opportunities to protect your trade or service mark. You can prevent someone else from using your business name, or product name, or logo, by registering this name or logo with the state(s), or US. You would put a TM next to the name you’ve trademarked, such as Be Dazzled BeadsTM

A US Trademark would protect you anywhere in the United States. The rules can be a little confusing. It is important to know ahead of time that you cannot trademark an adjective. For a US Trademark, I would suggest working with a trademark attorney. The trademark plus lawyer fees will be costly.

State trademarks protect you in the state you have the trademark in. This should include the state you do business in. It can include other states, as well. In Tennessee, this process is especially inexpensive and easy to do. You would not need to consult a lawyer here. For most designers, a state trademark coupled with some smart marketing and branding would be more than sufficient.

In Tennessee, trademarks and service marks are handled by the Tennessee Secretary of State. For the United States, these are handled by the US Patent and Trademark Office.

Copyrights

Copyright is another form of legal protection. You can copyright advertising copy, brochures, other marketing materials, instructions, jewelry designs, project designs, articles and other written materials critical to your business.

Copyrights can be done two ways. 
 1) Through the US Library of Congress
 2) Using a Post Office strategy

When you have written copy you want to copyright, first, somewhere on the document, you want to either use the copyright symbol © or write out the word COPYRIGHT. List your name and the year.

Examples: ©Warren Feld, 2020 or COPYRIGHT, Warren Feld, 2020

At this point, your document is considered copyrighted. The issue for you is if someone violated that copyright and you went to court to contest this, this would not be sufficient evidence for the courts.

Library of Congress: You can get an official certificate of copyright by submitting an application to the US Library of Congress. Your copyright starts the date the application is submitted. There is a minimal fee. It usually takes about one year before you actually receive the certificate. Courts usually require this certificate as evidence.

US Post Office: You can put your material in a self-addressed, stamped envelope and mail this Registered/Certified to yourself. On the outside of the envelope, write what is inside. When you receive it, however, DO NOT OPEN IT. The post mark date will be evidence of copyright. This will usually hold up in court.

NOTE: It is difficult to copyright a specific jewelry or project design. While there is no legal rule about what constitutes a copyright violation of the design, it is generally accepted that merely a 10% difference would not be a violation. That 10% difference might be a different clasp, a slightly different pattern, or a different color scheme (though the courts allow you some flexibility with color issues).

NOTE: It is expensive to contest a copyright violation in court. This might run $3,000 per incident.

The US Copyright Office will often reject jewelry and other creative project designs for lacking authorship because they consist of common or usual shapes and forms. When submitting your application, you should present a well-reasoned argument, based on basic principles of art and design composition, form and function, as to why your jewelry and patterns should be copyrighted.

You can also copyright a “collection of jewelry”, but you can’t add new designs to the collection, without getting new copyrights. In the collection, the pieces would need to share design elements and sensibilities, and these would need to be obvious.

Copyrights last for the life of the designer plus 70 years. Use form VA (Visual Arts). It usually takes about a year for the paperwork to go through, but your piece is considered copyrighted from the date you submitted your application.

3) What Form of Business?

Your form of business determines what tax forms you fill out each year. You can set y our business up as an unofficial or an official one.

One way you can set up your business is as an unofficial hobbyist. Here you do not need to register your business or getting any local, county, state, and federal licenses and accounts. Typically, your state or province that you do business in will have some kind of benchmark. In Tennessee (circa 2020), if you were going to make less than $4500. per year in sales, you would not have to register your business. You could make sales and not worry about collecting sales tax. You would not pay a business income tax to the city, county and state. You would not pay business property taxes. You would still, however, have to report your income to the government entities which collect personal income taxes. Virtually no paperwork. No worries.

Another way you can set up your business is as an official business entity. As you make your sales, you would also be accumulating money, such as sales taxes, which you would have to transmit on a regular basis to one government agency of another. You will begin to incur some monetary costs (business income and property taxes, and some bookkeeping / accounting costs, for example). You will begin to incur some time costs (securing and maintaining licenses and registrations; monthly, quarterly and annual reports to fill out; more time spent bookkeeping and accounting). However, a BIG ADVANTAGE!!! Is that you will be positioned to buy your inventory (and displays and furnishings) at steeper discounts, thus, make more money.

If you plan on becoming more than a hobbyist, you will need to organize and register your business as to its tax structure. Again, your options are:

(a) sole proprietorship

(b) partnership

c) limited liability corporation

(d) incorporation

Sole Proprietorship: Here you are the owner of the business and solely in charge.

If you are a sole proprietorship, your business name is your own name, and the name you use for your business is your DBA (Doing Business As) name. On various tax forms and registrations, you would list your own name where it asks for the business name, and there usually is a DBA line under this to type in your actual business name.

Sole Proprietorship Advantages: You will have less accounting and associated costs to contend with. Completing your state and federal tax forms will be easier. The business profits are your income, and are taxed as an individual.

Sole Proprietorship Disadvantage: This form of business does not protect you from liability damages. However, you can use your business insurance policy to provide a lot of protection here.

Partnerships: Here 2 or more people get together and form a business together. Partnerships, like marriages, are fraught with the potential for disharmony. Who makes what decisions? How are disagreements adjudicated? What happens to the relationship over time, particularly if the interests of any one partner begin to change?

If you are a partnership, your business name is your actual business name, and you would use your Federal EIN Number as your TIN.

Things partners should think about:
 
 a) You have a deep, honest series of discussions about each of your strengths and weaknesses, and what you can bring to the business

b) You write up a partnership agreement which 
 — details who will do what when
 — how you will distribute profits
 — how you will cover losses
 — how decisions for the business are to be made, especially when there are disagreements
 — rules for what happens when a partner wants to leave the business, or if all the partners want to dissolve the business 
— rules for how to handle growth, expansion, taking on new partners, managing employees

c) You notarize the agreement, and everyone gets a copy

Partnership Advantages: Two heads are better than one, usually. Share a lot of the administrative burdens. More accounting requirements and costs, but not as much as incorporation. Your business profits are your income as this profit is allocated among the partners, and taxed as an individual.

Partnership Disadvantages: This form of business does not protect you from liability damages. However, you can use your business insurance policy to provide a lot of protection here. It is difficult to share the responsibilities as partners.

From my experience, while one partner might be the “creative” one, and the other partner might be the “business one”, partnerships work best when both partners learn and take on both creative and administrative tasks.

Incorporation: Incorporating a business is essentially creating a separate entity (as if it were a person), thereby making the business separate from the owner (in a sense, the business has a life of its own). As a separate entity, the corporation exists independent from the shareholders/owners and its employees.

If you are a corporation, your business name is your actual business name, and you would use your Federal EIN Number as your TIN.

Incorporating Advantages: The advantages of incorporating a small business include: Personal asset protection. Both corporations and LLCs (limited liability corporations) allow owners to separate and protect their personal assets. In a properly structured and managed corporation or LLC, owners should have limited liability for business debts and obligations.

Incorporating Disadvantages: The administration costs are more expensive with a corporation than with a partnership or a sole proprietorship. Administration costs include incorporation costs, annual financial statements and annual corporate income tax return. If you are not an accountant, paying someone to do these can be very costly. Losses in an incorporated business can’t be personally claimed. The corporation is taxed first, and if it distributes profits to its owners, they are taxed again on the same money for their personal income taxes — a double taxation.

Limited Liability Corporation: Small businesses can avoid this double-taxation by taking advantage of the options given to a corporation by the states. Some options include incorporating as an S-corporation or filing as a Limited Liability Company (LLC). These options allow the taxable income to flow directly to the shareholders/members without being taxed twice, while at the same time, maintaining the benefits of incorporation. You still end up with a lot of accounting requirements and expenses. You are protected from liability damages incurred by the business, but you can also use your business insurance to cover a lot of this liability protection without all the accounting issues.

If you are a LLC corporation, your business name is your actual business name, and you would use your Federal EIN Number as your TIN.

Other Articles of Interest by Warren Feld:

Should I Set Up My Craft Business On A Marketplace Online?

The Importance of Self-Promotion: Don’t Be Shy

Are You Prepared For When The Reporter Comes A-Calling?

A Fool-Proof Formula For Pricing And Selling Your Jewelry

Designer Connect Profile: Tony Perrin, Jewelry Designer

My Aunt Gert: Illustrating Some Lessons In Business Smarts

Copyrighting Your Pieces: Let’s Not Confuse The Moral With The Legal Issues

Naming Your Business / Naming Your Jewelry

Jewelry Making Materials: Knowing What To Do

To What Extent Should Business Concerns Influence Artistic and Jewelry Design Choices

How Creatives Can Successfully Survive In Business

Getting Started In Business: What You Do First To Make It Official

Thank you. I hope you found this article useful.

Also, check out my website (www.warrenfeldjewelry.com).

Subscribe to my Learn To Bead blog (https://blog.landofodds.com).

Visit Land of Odds online (https://www.landofodds.com)for all your jewelry making supplies.

Enroll in my jewelry design and business of craft video tutorials online. Check our my video tutorials on DOING CRAFT SHOWS and on PRICING AND SELLING YOUR JEWELRY.

Add your name to my email list.

Other Suggested Readings:

David K. William. 20 Books To Read Before You Start Your Own Business, Lifehack,

Backward-Design Is Forward Thinking, (FELD, 2020)

Disciplinary Literacy and Fluency in Design, (FELD, 2020)

Jewelry Design: A Managed Process, (FELD, 2020)

How Creatives Can Successfully Survive In Business, (FELD, 2020)

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