Jasper, AL asked in Business Law, Contracts and Tax Law for Alabama

Q: Can taking money out of a platform like Second Life constitute running a business at home?

If someone withdraws money from their Linden Labs Second Life account and into their PayPal, then they transfer it from there to their bank account, is this a hobby or a business? Or is it just self-employment or free lancing? If they do this without a privlage license, business license, and/or etc., is this legal if it is considered a business? If it isn't, can this reflect back on the home owner if their adult child is doing this without their permission?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Tax Law Lawyer
  • Sacramento, CA

A: Whether taking money out of a platform like Second Life constitutes running a business from home depends on several factors, including the frequency of transactions, the amount of money involved, and whether these activities are carried out with the intent to make a profit. If you engage in regular trading of virtual goods and earn significant income from these activities, it could be considered a business rather than just a hobby.

If the operations are deemed a business, depending on local laws, you might need to register for a business license or other forms of permission, especially if the income reaches a threshold that requires declaration for tax purposes. Operating without the necessary licenses can lead to penalties, and it's wise to consult with a tax advisor or legal expert to understand your specific obligations.

In terms of legal responsibility, if you are conducting this activity in a home owned by someone else, like a parent, without their permission, it could potentially create complications. The homeowner might not be directly liable for your business operations, but unauthorized business activities could have implications regarding their property, especially if there are zoning laws or homeowner association rules in place. It’s important to have open communication with the property owner to ensure that all activities are above board and compliant with local regulations.

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