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Is professional domination legal? - 12/20/2007 5:23:38 AM   
dsubmissiveman


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Hello,

Now, I am not trying to set legal fireworks here and get people in trouble, but I am wondering about the legalties of professional domination.  I do know that it varies from jurisdiction and depends on federal and state/province law but I was under the impression that it is generally legal. 

However, recently I tried booking an appointment with a pro domina (it has been quite some time since I last sessioned) and I simply asked her if I could get a receipt for the services issued as well as pay by credit, as I was under the impression that the service is legal and they are a registered business paying taxes.  When the domina informed that she could not accomodate my request, I assumed that perhaps she was not a registered business owner and I followed up with two other dominas but both refused to provide receipts and payment by credit.  Now if pro domme is supposed to be legal, how come they did accomodate my requests?  Obviously if these are cash-only business, they are not reporting taxes.  Mind you, the establishments that I contacted were two well establishmed dungeons and one independent Mistress in the city of Toronto.

Just wondering if anyone here can provide me any feedback on this and inform me of the legal status of these establishments?

Thanks.

< Message edited by dsubmissiveman -- 12/20/2007 5:32:17 AM >
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RE: Is professional domination legal? - 12/20/2007 5:29:03 AM   
seeksfemslave


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My advice is get your arse whipped or whatever you enjoy and stop worrying about legal technicalities..

< Message edited by seeksfemslave -- 12/20/2007 5:30:20 AM >

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RE: Is professional domination legal? - 12/20/2007 5:38:03 AM   
lockmeupplease


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A receipt??? It might be legal, but I doubt it's tax-deductible!!  Lap dancing is legal in Pennsylvania too, but I don't think the dancer has a printer in her g-string.

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RE: Is professional domination legal? - 12/20/2007 5:47:04 AM   
dsubmissiveman


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quote:

ORIGINAL: lockmeupplease

A receipt??? It might be legal, but I doubt it's tax-deductible!!  Lap dancing is legal in Pennsylvania too, but I don't think the dancer has a printer in her g-string.



Actually, for strip clubs can and do provide a receipt and a portion can be claimed as  deduction for entertainment expenses (again, depends on state and tax law).  Also, that is why I contacted established dugeons as I thought they would be in a position to provide some sort of confirmation of payment and provide some vauge reference of the service provided.

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RE: Is professional domination legal? - 12/20/2007 6:05:52 AM   
AFlyInYourWeb


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quote:

ORIGINAL: dsubmissiveman

I do know that it varies from jurisdiction and depends on federal and state/province law but I was under the impression that it is generally legal. 



You would need to get a specific opinions from the Attorney-General of each state and province.  You would also need to know that jurisdiction's laws on prostitution and sodomy, laws under which Pro-Dommes are sometimes prosecuted.

To qualify as an entertainment deduction, you had better be able prove that you brought a client with you to the club, and business was discussed.

What business are you in?  Leatherwear?

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RE: Is professional domination legal? - 12/20/2007 6:15:28 AM   
dsubmissiveman


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quote:

would also need to know that jurisdiction's laws on prostitution and sodomy, laws under which
quote:

ORIGINAL: AFlyInYourWeb

quote:

ORIGINAL: dsubmissiveman

I do know that it varies from jurisdiction and depends on federal and state/province law but I was under the impression that it is generally legal. 



You would need to get a specific opinions from the Attorney-General of each state and province.  You would also need to know that jurisdiction's laws on prostitution and sodomy, laws under which Pro-Dommes are sometimes prosecuted.

To qualify as an entertainment deduction, you had better be able prove that you brought a client with you to the club, and business was discussed.

What business are you in?  Leatherwear?



No, I am not in the Leatherwear business.  However, my job does involve business-to-business sales so it is not uncommon for me to entertain business partners.  While I would have to prove the business aspect of the expense, under our corporate expense policy and given the small amount (hourly sessions are usually $200-$300), I probably would not have much difficulty sliding this past our accounting department.

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RE: Is professional domination legal? - 12/20/2007 6:37:03 AM   
RumpusParable


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Well the first obvious one that pops to mind is that many customers wouldn't want such to show on their credit card or to risk a receipt being found by friends or family, regardless of if the name was slightly masked as some will do for clients, so arranging for and paying for accepting credit cards simply isn't worthwhile to them.  Not enough call for it, so not bothering with it.   

Personally, I've run fair-sized non-adult, fully legal businesses that never bothered with credit card acceptance because it just wasn't worth it... then throw in how few customers would want to risk someone finding a papertrail to a dungeon and the number of uses that machine is getting drops further.

Cash allows the patrons to attend with no fear of being outted by accident from a credit card receipt or bill, many would be leery of giving that info to a dungeon anyhow (regardless of how legit it is and good its reputation), and if any of those who work in and run the dungeon want similar privacy taking cash only allows them to make wages from it and still not have where exactly that money came from be known.

And all that is if they are indeed legal and all involved are paying their taxes.

< Message edited by RumpusParable -- 12/20/2007 6:39:25 AM >


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RE: Is professional domination legal? - 12/20/2007 7:28:28 AM   
MsSonnetMarwood


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So basically - you're irritated that you can't charge a pro session to a credit card and get a receipt....so that you can bilk the company you work for for the cost of said session.

                                                  ....And what you're worried about is the legality of prodomination?

< Message edited by MsSonnetMarwood -- 12/20/2007 7:29:00 AM >


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RE: Is professional domination legal? - 12/20/2007 7:33:55 AM   
RedMagic1


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There's also the issue of legal de jure versus legal de facto -- which is nerdspeak for something being "legal" until it's time to run for election.  Plenty of people get busted for things that are legal, and then charges are dropped, and not just in the adult industry.  Outside of SF, LA and New York, every single USA BDSM club is in a grey area of, "We don't want the hassle of trying to find a reason to shut you down, so stay open and don't get the community pissed at you."

There's a thread going on right now about how to start out as a prodomme, and one of the first pieces of advice was, "Don't work out of your home."  Famous Dommes, like Clare Fonda, have been arrested for prostitution in their homes when they were prodomming without illegal sexual contact.  So she didn't do time.  Big whoop.  I'm sure the experience was big fun.

The good news is that this stuff is not illegal most places in North America.  The bad news is that it is still a-legal or extra-legal, ie., on really shaky ground.  I can't blame a headmistress who doesn't know you for not wanting to create a paper trail.

You could go to events and instead of trying to score, just network and get to know people in person.  Build a level of trust.  You might be surprised what people will do if you treat them like human beings instead of tools for sexual gratification of you and your prospective business partners.

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RE: Is professional domination legal? - 12/20/2007 8:11:56 AM   
dsubmissiveman


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Well, truth be told, part of the reason why I'm interested is because I would like to option of charging to my corporate tab.  However, if I can't charge it, I am fine paying cash for it.  However, if it is a legal business, should it not provide the clients the option?  I mean, if they are paying taxes, don't they have to have sort of paper trail to record revenues so that they can be charged the appropriate amount of personal and corporate tax?  I do understand that law enforcement for the most part does not waste their time and resources to preventing consenual, adult behavior, but I just want some clarity regarding pro domination.

                                                

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RE: Is professional domination legal? - 12/20/2007 8:17:50 AM   
BoiJen


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Okay so there's a fwe other factors people haven't mentioned...

There are plenty of cash only legal businesses within the Untied states and Canada who pay their taxes and aren't Pro Dommes...are you questioning them? Or what about people who don't have their credit card processors functioning? Do you think during those times they don't report their income?

Much to your dismay, I'm sure...and lack of thought into this...

Credit and debit card processing costs money for the person who's charging. Let's not get into the people who deal with "charge back" issues due to lack of funds. Or the guy who says..."I didn't do that!" Who's really going to want to fight that out in court? The costs in and of themselves would be more than the session costs. It's more hastle than it's worth.

You said you've seen Pro Dommes before...I have money that they didn't give you a slip of reciept or allowed you to pay by card...if they did...go back to them.

Moreover, you're trying to scam your business to pay for the session...what's that really say about your motivation? You might need to take a look at yourself before trying to pin shit on ligitimate business women.

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RE: Is professional domination legal? - 12/20/2007 8:47:27 AM   
dsubmissiveman


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quote:

basically - you're irritated that you can't charge a pro session to a credit card and get a receipt....so that you can bilk the company you work for for the cost of said session.
quote:

ORIGINAL: BoiJen

Okay so there's a fwe other factors people haven't mentioned...

There are plenty of cash only legal businesses within the Untied states and Canada who pay their taxes and aren't Pro Dommes...are you questioning them? Or what about people who don't have their credit card processors functioning? Do you think during those times they don't report their income?

Much to your dismay, I'm sure...and lack of thought into this...

Credit and debit card processing costs money for the person who's charging. Let's not get into the people who deal with "charge back" issues due to lack of funds. Or the guy who says..."I didn't do that!" Who's really going to want to fight that out in court? The costs in and of themselves would be more than the session costs. It's more hastle than it's worth.

You said you've seen Pro Dommes before...I have money that they didn't give you a slip of reciept or allowed you to pay by card...if they did...go back to them.

Moreover, you're trying to scam your business to pay for the session...what's that really say about your motivation? You might need to take a look at yourself before trying to pin shit on ligitimate business women.



Hi BoiJen,

Thanks for your post.  Yes, I am aware that there are many cash businesses but that is why I said either receipt and/or credit card.  Most business do provide receipt, and therefore you have a paper trail.  Even if they don't give you a receipt, if you ask, it is not a problem for them to generate a receipt. 

As for your inquiry about my previous sessions, well, I eventhough I paid cash, I did ask for a receipt and it was not a problem.  She generated under the business name (the name they used to register their business) and it was very discreet to the point that unless you actually used the services yourself, you would not know what the business provided.  It is very similar to a lot of internet adult web site that strictly do their business via credit card.  However, the domme has since retired so that the option of revisiting her is out of the question.

As for my ethics or lack thereof, without getting into too much detail, this really is a matter between my employer and I.  Over the years, my employers has rewarded me for performance and they are more than comfortable looking the other way to cover some "business expenses" as long as the performance is up to par.  However, in order for my employer to look the other way, I have to do my part and provide them with a paperwork. 

I didn't mean for all of this to become an ethical discussion, but just some clarification on the legality of pro domination and the reporting of income.

Thanks.

< Message edited by dsubmissiveman -- 12/20/2007 8:49:34 AM >

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RE: Is professional domination legal? - 12/20/2007 8:48:39 AM   
AFlyInYourWeb


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quote:

ORIGINAL: dsubmissiveman



 

... under our corporate expense policy and given the small amount (hourly sessions are usually $200-$300), I probably would not have much difficulty sliding this past our accounting department.


LMAO!!

I wonder what account the accounting department would charge that expense to: Supplementary Employee Benefits? Employee Training?   

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RE: Is professional domination legal? - 12/20/2007 8:54:35 AM   
dsubmissiveman


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quote:

ORIGINAL: AFlyInYourWeb

quote:

ORIGINAL: dsubmissiveman



 

... under our corporate expense policy and given the small amount (hourly sessions are usually $200-$300), I probably would not have much difficulty sliding this past our accounting department.


LMAO!!

I wonder what account the accounting department would charge that expense to: Supplementary Employee Benefits? Employee Training?   



Well, it is more so part of a pre-set budget and the budget as a whole is treated as an expense.  Again, all of this really depends on your relatioship with the accounting department and internal controls.  However, like I said for the most part, if you are a good performer, a lot of companies (depending on their business) will be more than happy expensing a few questionable costs.

< Message edited by dsubmissiveman -- 12/20/2007 8:55:58 AM >

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RE: Is professional domination legal? - 12/20/2007 9:19:56 AM   
BoiJen


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I smell bullshit on someone's shoe. If what you do spending their money isn't so much of an issue would care to announce who work for? cuz ya know they don't care if they pay for your Pro Domme sessions out of their pockets and all...they shouldn't mind you sharing their name on an adult website either.

Pro Dommes register their businesses...how they do their accounting isn't any of the business of their clients. Period. There's no stock holding and unless you work for the IRS trying to audit them then I highly suggest you don't question it. Just go about your search. Just like I'm not going to question the chinese that I have for dinner...they're cash only and all...and they don't give me any paper back. But man their wonton soup is GOOD!


< Message edited by BoiJen -- 12/20/2007 9:22:51 AM >

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RE: Is professional domination legal? - 12/20/2007 9:40:06 AM   
kc692


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quote:

ORIGINAL: dsubmissiveman

quote:

basically - you're irritated that you can't charge a pro session to a credit card and get a receipt....so that you can bilk the company you work for for the cost of said session.
quote:

ORIGINAL: BoiJen

Okay so there's a fwe other factors people haven't mentioned...

There are plenty of cash only legal businesses within the Untied states and Canada who pay their taxes and aren't Pro Dommes...are you questioning them? Or what about people who don't have their credit card processors functioning? Do you think during those times they don't report their income?

Much to your dismay, I'm sure...and lack of thought into this...

Credit and debit card processing costs money for the person who's charging. Let's not get into the people who deal with "charge back" issues due to lack of funds. Or the guy who says..."I didn't do that!" Who's really going to want to fight that out in court? The costs in and of themselves would be more than the session costs. It's more hastle than it's worth.

You said you've seen Pro Dommes before...I have money that they didn't give you a slip of reciept or allowed you to pay by card...if they did...go back to them.

Moreover, you're trying to scam your business to pay for the session...what's that really say about your motivation? You might need to take a look at yourself before trying to pin shit on ligitimate business women.



Hi BoiJen,

Thanks for your post.  Yes, I am aware that there are many cash businesses but that is why I said either receipt and/or credit card.  Most business do provide receipt, and therefore you have a paper trail.  Even if they don't give you a receipt, if you ask, it is not a problem for them to generate a receipt. 

As for your inquiry about my previous sessions, well, I eventhough I paid cash, I did ask for a receipt and it was not a problem.  She generated under the business name (the name they used to register their business) and it was very discreet to the point that unless you actually used the services yourself, you would not know what the business provided.  It is very similar to a lot of internet adult web site that strictly do their business via credit card.  However, the domme has since retired so that the option of revisiting her is out of the question.

As for my ethics or lack thereof, without getting into too much detail, this really is a matter between my employer and I.  Over the years, my employers has rewarded me for performance and they are more than comfortable looking the other way to cover some "business expenses" as long as the performance is up to par.  However, in order for my employer to look the other way, I have to do my part and provide them with a paperwork. 

I didn't mean for all of this to become an ethical discussion, but just some clarification on the legality of pro domination and the reporting of income.

Thanks.


The legality of pro domination and the reporting of income is mixing apples and oranges.

If you feel the need to have a receipt, find a pro domme that will give you one.  If  it is not important to you to have one, then go to one that will not. *shrugs*.  I know of some hair dressers that do not take credit cards, and also, do not have receipt books (there are some smaller ones) that at the same time are licensed by the city they do business in, and therefore do file taxes.  Do they file taxes on every bit of income they receive?  I don't know, and whether they do or not does not affect the quality of the hair cut I receive either way. So, they are licensed and operating within the law, but may not be filing their taxes on all of their income.  See? Apples and oranges.

Noone cares what your ethics are with you and your employer, after all, seems you found a non taxable way to increase your income by getting reimbursed;therefore if you have a receipt you do not get taxed on that extra income.  Now we have pot calling the kettle black, if the dommes tax payment is what you are worried about.

So, they can be operating within the law and not offer credit card processing or receipts.  It is their business, after all.

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RE: Is professional domination legal? - 12/20/2007 10:14:35 AM   
ChainsandFreedom


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I don't know about Toronto, butI do know a great many places that don't take credit (not because the name XYZ Enterprises is going to piss off client's wives but because its an accounting hassel and expense).

Here in NY/NJ, however, a recipt of sale MUST be furnished at any time a sale is made, if requested by the customer.

I've even done in-home/at restuarant work with a non-profit where large donors would request a recipt for tax purposes and I would write it BY HAND ON THE BACK OF THE DINNER CHECK-its hiliriuosly easy to stay leagal and write a recipt!

So you have to wonder if they really ARE claiming full taxes/ect. and what other obvious laws a recipt-less 'establishment' might not be following.

In other words, pro-domination may be quasi-leagal, but no paper-trail is downright black market. It just doesnt make good bussiness sense, unless you already know your you'd be shut down anyways if you make the attention of a court.


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RE: Is professional domination legal? - 12/20/2007 10:26:29 AM   
honeypanties


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1st off: The "legality of pro domination and the reporting of income" are two totall TOTALLY Seperate Issues.
There are Plenty of Legal Business that do not report ot under report.
There are plenty of illegally earned monies being reported in other ways for reasons of credit apporval/just not having the irs kick your ass for not filing, etc.
Either way -- IT IS NONE OF YOUR BUSINESS WHAT ANY BUSINESS OR PERSON IS REPORTING OR NOT REPORTING.
Be it a pro-domme, a yard service, or even the Exxon gas station down the street. Any Business's Reporting practices are THEIR BUSINESS AND NOT YOURS, between them and the irs. So that is really NOT Even the issue.

**** The Issue is you wanted to pay by credit card and a reciept and Couldn't get it so you made up a reason to "judge" and complain about it. And that's really just it. ****

You have no right as a Customer of ANY Business to ask for reporting pactices or assume you are owed an explaination on their financial state or how they report for taxes. Ridiculous.
You are combining the two becuase it suits you, when in reality is is no more any of your business or right to question than it is with any other business.

Besides all that -- No business *has* to provide you with the ability to pay by credit card, OR EVEN A RECIEPT for that matter! It is an OPtion. Decided upon by them. Not you. If you don't like it, you are welcome to go elsewhere, beauty of a free-market. :)
I mean heck, McDonald's didn't even accept cards till about 2 years ago! lol -- 5 years after everyone else!! They just stuck to cash only -- no credit cards, no debit, no checks, and you know what?
They did just fine.
And no one questioned weather they were legitimate or not, lol. ;)

__________________________________________________
All that asside: There are some very VERY good reasons why a Pro-domme would not deal with credit cards...
1. Chargebacks.
It is no joke. It is easy to chrage a credit card, but that is only because all the laws are stated in the cutomer's favor reguarding chargebacks.
The problems with chargebacks are many:
A. It is impossible to proove you recieved the service "paid for". Especially in such a subjective business as pro-dommeing.
B. A pro-domme is not exactly a credible or trustworthy person in the eyes of the court -- Her word by virtue of her profession is discredited off the bat and would be unlikly to be believed/taken seriosuly.
C. You yourself might have good reason [a wife finds charge, business, etc.] to Deny the charge, even IF you knew it was wrong to save your Job/marriage/reputation if it was discovered.
D. Even if you DID admit to doing it, your Company Might just "Not like it" and not feel it was worth the money/payment. They could deny it if you used a business card. They could also deny you lacked the authority to make such a purchace and claim you commited fraud, AND Possibly that the DOMME ASSISTED in that fraud!!, and they are not liable for the charges.
E. A Company or Wife could ALSO Deny charge if they just felt mad about it or upset that you did it in general. OR That person might further ask for details about the pruchace-- ie: what was purchaced/done and the pro-domme would have to provide it to claim "Services" had been given with the credit card company.
What a Pain in the ass and no one would want to get a detail bill up of what the person paid for! But, in a charge-back situation for services the person can ask "what services were paid for".

SOooooooooooo -- I think Chargebacks are Plenty enough Deterant to Credit Cards!! lol
I mean, why deal with all that when you can just have Cash and not worry about any of it??


However, Some other very good reasons also Exist..........  yes, the list goes on ;) ......

2. Credit Card processing does take time and money. They take a percentage out and you have to spend time processing it. You also do not have immedite cash, have to wait for "pay day" for it to transfer. Many credit card processing do NOT accept ADULT stuff and you have to get a special qualitfication to process adult credit card payments legally because fraud and chargebacks are such a problem. Generally, that qualification includes keeping a certain about on remainder with the cc company AND agreeing that they can "chargeback" anything they want baisically.

3. And, possibly MOST IMPORTANTLY -- In order to process Credit cards you HAVE to give your REAL LEGAL NAME, ADDRESS, AND PHONE NUMBER so a customer can contact you if there is a dispute/problem and so that the credit card place can pay you.
You can not get Paid if you do not give them the Correct Name/Address to pay you.
You can not process credit cards unless your info is listed.
Now duh, most dommes don't use their real names, OR want to give out their Address --- and really, giving out your real name alone means someome can find your address, it's not that hard.
Add to it if you have Kids or are married or think you might want to do anything else at anypoint in your life other than being a pro-domme; YOU DO NOT WANT YOUR REAL NAME with customers/searchable address, etc.


4. Lastly, and, lol, Most appropriote to you --
YOU ARE A PAIN IN THE ASS and not worth any of the above mentioned trouble.
lol. ;)
Not for even $500 an hour!!!! haha

Seriosuly, think about it.
Pro-dommes deal with enough crap -- discrimination in their daily lives, high degree of secrecy with family/friends, put up with lots of strange and awkward situations, find a place, gather a multitude of materials, squish into outrageous costumes, plan, study, worrying about PHYSICAL safety, stalkers, and emotional safety, having time wasted on the phone, no-shows for appointments.......

Do you really think they need to or are interested in adding "dealing with credit cards and pissers who want to charge Domination sessions to their company" to the list?
lol


--- If you want to see a Pro-Domme -- Just Pay your $200 [CASH], have a good time dear :),
don't piss her off with stupid little "demands" like wanting a reciept to turn into your company and involving her in all that and just GO ON with Life!
It's too short already to put up with nonsense like a little pisser asking you "do you report your income?, are you legal?, and can you charge a credit cards na give him a reciept for his company, lol, GIVE ME A BREAK!!!!! ;)
What a crock of nonsense.

< Message edited by honeypanties -- 12/20/2007 10:27:55 AM >

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RE: Is professional domination legal? - 12/20/2007 10:41:15 AM   
ChainsandFreedom


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KC602:

Recipts protect the customer as well as the bussiness. If the OP or someone in his position was, say, a fan of prostitution or cocaine, or just didn't want to be accused of such, than 3-600 dollars a month spent on recipt-less domination sessions would look mighty incriminating if he were ever audited. Im not going to assume anyone's that rare 'good citizen', but maybe he's ALREADY 'found a non taxable way to increase his income by getting reimbursed' that's of a higher value, so he wants to keep his books straight on the small stuff.

Boi:

You should care about paper-trails if that great wonton-soup place gives you Salmonella from their low grade Sesame Chicken and you have no recipts to show where you ate. Or if you care that their probably employing illeagle immigrants at slave wages, which would be a very likely reason to not have a paper trail.
Or if you go to a prodom and get an infection/unwanted rope burn/circulation problem from improperly administered equipment and can't even prove you were there.

In General:

Perhapse people don't want to frequent a non-paper trail establishment because they actually know people who run small bussiness's competing for the nehborhoods limited retail space. People who actually follow the laws and get squeezed out by expenses because they were good enough to play by the books and contribute to your communities, and you local land-lord's, tax base.

Most Importantly:

An awful lot of people write an awful lot on here about how pro-dommes arn't prostitutes, how pro-dommes should be accepted and leagalized, ect. You shoot yourself in the foot by defending shoddy bussiness practices- i.e. a great many prodom's.
With leagle rights come leagle responsiblities. Will we ever accept pro-dom's as a legitimate lifestyle choice in our lifetimes? Perhapse.
Will we ever accept downright mercentile bussiness's who have the same torte law practices as the mafia? certainly not. Own-up. If you're lifestyle is so important to you, show that it can operate in a leagle manner given the oppertunity.

(in reply to ChainsandFreedom)
Profile   Post #: 19
RE: Is professional domination legal? - 12/20/2007 10:54:32 AM   
ChainsandFreedom


Posts: 222
Joined: 6/20/2007
Status: offline
honeypanties
quote:

  Either way -- IT IS NONE OF YOUR BUSINESS WHAT ANY BUSINESS OR PERSON IS REPORTING OR NOT REPORTING.
Be it a pro-domme, a yard service, or even the Exxon gas station down the street. Any Business's Reporting practices are THEIR BUSINESS AND NOT YOURS, between them and the irs. So that is really NOT Even the issue.
....
You have no right as a Customer of ANY Business to ask for reporting pactices or assume you are owed an explaination on their financial state or how they report for taxes. Ridiculous.


It's called being a concerned member of a community who cares enough to take time out of their day to fight for said community. Agencies like the IRS and Better Bussiness Bearu and Chamber of Commerce and Zoning/Code enforcement are all in place to help you, as a customer-citizen, enforce community standards

quote:

No business *has* to provide you with the ability to pay by credit card, OR EVEN A RECIEPT for that matter!


actually, they DO have to provide a recipt. By law. Even a baby-sitter.

(in reply to honeypanties)
Profile   Post #: 20
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