I am a new member here, but have been reading posts for years, and this one caught my eye.
I also am a "Seaside" gardener in Massachusetts. Not sure about the licenses or insurance yet, but I do have a question to ask you if there is anyway to converse offline.

Hello whitebleedingheart. You can go to My Page and send me an e mail.

I wish I knew the answers - but just chiming in that I'm another Mass. Coast gardener who someday will need to know those answers too!

Other than selling a few seeds online, I'm not doing much, but I think I'm about to become jobless so that may have to change soon.

I know that in Mass. you need a yearly inspection if you sell plants. Probably need to do some filing as dba (doing business as). But garden maintenance probably quite different. Good luck with your new business.

Julia

I don't have any specifics for MA, but it is just good business sense to have a standard business license. In fact I'm pretty sure all states require one if you intend to operate a business of any sort and file taxes on your earnings.

In WA you are required to be licensed and bonded/insured as a contractor if you do anything to "permanently" alter the landscape - that includes planting or removing plants. That does not necessarily prevent those individuals that do not obtain this documentation, but they are operating outside the law and are subject to considerable civil penalties should something happen during their watch.

A good place to start inquiries would be with ALCOM, the Associated Landscape Contractors of Massachusetts. Many states have these types of trade organizations that attempt to monitor and standardize the profession to some degree and provide excellent networking and mentoring oportunities as well.

All of us in the green industry benefit from adhering to as high a standard of professionalism as possible and obtaining basic requirements like licenses and insurance are just a start.

Here is a link that might be useful: MA landscape certification program

I'm not an accountant or lawyer, but this is what I believe to be true in Massachusetts:

If you are not using a company name, not hiring any help, not using pesticides, not using a professional title that requires licensing, and not selling any taxable materials, you are only required to pay your income taxes (payable annually the first year, but possibly quarterly, or monthly, depending upon the amount of money you earned the prior year, or expect to earn this year (the higher of the two).

It is obviously smart to have insurance, but it is not required.

Look at the mass.gov website. It has lots of info. I would recommend filing for a "vendor's license" which allows you to buy things for resale without paying sales tax, then you mark up the price and collect the sales tax from your client for the state based on the resale price. That way you can make money on product as well as your labor.

Liability insurance will start at $800-$1,200. Also, record your home as a homestead at the county registry of deeds. That will prevent you from being forced to sell your house in order to pay a debt.

If you want to use a company name, you would most likely start either an LLC or a sole proprietorship. I think that an LLC costs $1k to start and has more recording requirements and insurance might be mandatory. A sole proprietor is much easier. You pay a small fee and record the name you are going to be using at the Town Clerks office of the physical address of your place of business (your home?)and you are ready to go. Then set up a business bank account, just as easy as your personal one.

Thanks for all the information laag, gardengal and Julia.

I went to Town Hall and registered my name. I am keeping it simple and using my name and the title gardener after it so that tax time will be easier. I did not have to register my home as a place of business because I will not have people coming to it to conduct business. The checking account is opened and I have opened up several accounts at local garden centers.
I do have a question about pricing plants. Laag mentioned a "vendor's license". I am not familiar with this. I will receive the wholesale price and I assumed I would charge the client retail plus the tax. A clarification on this would be greatly appreciated.
I also was wondering about hiring help. I understand that I can hire a sub-contractor for certain jobs and they will have to supply their own liability insurance and I will not have to pay tax on them. I just need to send them a 1099 at the end of the year. Do you know if this is how it is handled?
I have my own liability insurance and I already had a Homestead on my home. I was told I do not need a contractors license unless I get into hardscapes etc.

I have the truck loaded and a job ready to go if this rain will stop by tomorrow. Lets keep our fingers crossed.

Thanks again for all the help.

This may help.

Here is a link that might be useful: sales tax in massachusetts