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Selling drone pictures after the fact (FAA Exempt)
2353 11 2015-10-16
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chris17house
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I came across this article (read last two paragraphs).
Link to FAA Article

If I took pictures with my drone in the past, and was recently offered an opportunity to display and sell those photos in a local gallery, I would not need permission from the FAA, since my use of the drone is still classified as "hobby", correct?


Thanks for your input.
2015-10-16
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acenothing
lvl.4
Flight distance : 112185 ft
United States
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Would they even notice?
2015-10-16
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chris17house
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Well, with my luck, yes. And I'd rather play by the rules, then get hit with a fine, or ruin my chances to fly commercially in the future. So just looking on guidance for the aforementioned.
2015-10-16
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trentraines
lvl.2
Flight distance : 23707 ft
United States
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From my understanding the FAA doesn't like to call our phantoms model aircraft. Instead they refer to them as UAS. So with the link provided I am not sure. That being said, if you read that last point of the link and consider your phantom a model aircraft then I would argue that you are in the clearer to the fact that original intent was not to sell them. All in all , this whole thing is absolutely ridiculous!
2015-10-16
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Willie Wonka
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United States
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The whole thing is just sickening, the rich get richer and the poor gets poorer, the FAA takes its sweet ass time and won't make ruling till next year until then you must pay into the system and go sell your organs or go be someone's slave for a good time so you can get a piece of the crust of the pie.  
2015-10-16
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gregg1r
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Willie Wonka Posted at 2015-10-16 17:35
The whole thing is just sickening, the rich get richer and the poor gets poorer, the FAA takes its s ...

You know Willie, I recall my first IRS audit after I started selling my photography services. I wasn't engaged in photography as a full time activity, but was billing $30k or so.

They wanted to rule that I was a hobbyist since the monies I was making didn't amount to a large portion of the monies I earned each year.

I was licensed as a business with my state, but the IRS was fighting my write-offs. If we use this same logic???(does not compute) unless you operate your UAV as a significant portion of your photography business, then why can't the hobbyist ruling still be valid?

Inquiring minds want to know?  
2015-10-16
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aburkefl
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Flight distance : 78612 ft
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gregg1r Posted at 2015-10-16 18:41
You know Willie, I recall my first IRS audit after I started selling my photography services. I wa ...

The key in your situation may be the "write offs" as opposed to the percentage of photography billing vs your "other" business activity.

The IRS generally rules that you must make some profit now and then or they will refuse write-offs, with the assumption that you just have an expensive hobby. I think the rule is (and has been for a long time) that you must show a profit on average of two for every five years.

In theory, if your prime business loses money consistently, year after year after year, you can take the "standard" writeoffs. Needless to say, this would make for quite an unusual, perhaps unsustainable, business model.

Unfortunately, this very issue is one of many that explain why the "tax code" takes up thousands upon thousands of pages. Can't you just see the scenario now? The FAA says you have to have the necessary exemption to sell your quad-made photos/video. If you don't have the exemption, you're just a hobbyist and can't legally run it as a biz. Then the IRS turns around and insists that you *must* be making some kind of revenue if you have that much invested, spend that much time, etc.. What a potential zoo!

Any day now I'll be able to wear my gun on my hip but I'll have to keep my Phantom hidden. LOL
2015-10-16
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gregg1r
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aburkefl@gmail. Posted at 2015-10-16 20:20
The key in your situation may be the "write offs" as opposed to the percentage of photography bill ...

I can wear a gun on my hip right now. out in the open. I can even go into an establishment that serves alcohol.
If I carry concealed, I'm breaking the law walking into the same place. Stupid law.

In regards to photography, I did show a profit, just that I reinvested quite a bit of money in equipment and actually paid myself a flat rate for each job I shot. The IRS didn't like the fact that I reinvested about 50% of the billings into equipment. Having that equipment allowed me to offer services for less than some other photographers because I didn't have to rent equipment that got passed on to the customer.

Back then my day rate was $650 a day. Others were charging $450 plus rentals. One of my regulars received a flyer advertising a new guy and wanted me to match the price. I told him sure, I'll match the price,, but you're coming out a lot cheaper now. How so, well that set of strobes rents for $125 a day plus $25 for each additional head. Then the cost for the stands and soft boxes. He didn't understand until he saw the real cost.

I guess this is all going to be moot with the posting that I made a few minutes ago in the discussion forum. The FAA is to announce Monday, full registration for ALL UAV's. Don't know how this is going to effect 333 exemptions, but it's coming.
2015-10-16
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Willie Wonka
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gregg1r Posted at 2015-10-16 20:56
I can wear a gun on my hip right now. out in the open. I can even go into an establishment that se ...

This coming monday ? we will see what this all ends as. Starting to get fed up here of all these Infiniti loops they are making for us.
2015-10-16
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jjejfjf
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Tip: the author has been banned or deleted automatically shield
2015-10-16
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brycerichert
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United States
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I love this country.... where others tax dollars can pay for my hobbies.
2015-10-17
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gregg1r
lvl.4

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jjejfjf Posted at 2015-10-17 01:10
When you say "ALL UAV's" do you mean all the ones purchased after their announcement?

As the article was written, it appears everything. Government can twist the manufacturers arms to educate the consumer as point of sale, but once the units go into the secondary market, all bets are off.

Reading between the lines, looks like when purchased, the manufacturer, sales point, will be performing the registration. I don't see already purchased units getting grand fathered.

Bryce, others paying for your hobbies? In the sporting goods market, there are federal taxes that get leveled on the manufacturer then passed on to the consumer. Firearms and ammo are also taxed, not just sales taxes, but an excise tax.
Sportsmen purchasing hunting licenses and boat registrations pay for parks and recreation areas. In PA, hunting license fees purchase land that belongs to the hunters not the state to sell off as it pleases.

Whatever gets announced Monday, imo,  isn't going to fix anything.  
2015-10-18
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