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New Member
UtahNewbie
Posts: 11
Registered: ‎10-14-2012
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Re: Being asked by Amex for tax return?

Actually I studied this for several hours last night. There's something called "First-sale doctrine", and generally speaking, the merchant's T&C restricting the resale of their merchandise is not legally enforceable. Unless it's something about books or CDs, in which case the situation will be more complicated and there are several lawsuits going on as the previous member had mentioned above. 

 

Of course, I will consult with my lawyer before I really plunge into this business.

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trumpet-205
Posts: 2,494
Registered: ‎11-11-2010
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Re: Being asked by Amex for tax return?


UtahNewbie wrote:

Actually I studied this for several hours last night. There's something called "First-sale doctrine", and generally speaking, the merchant's T&C restricting the resale of their merchandise is not legally enforceable. Unless it's something about books or CDs, in which case the situation will be more complicated and there are several lawsuits going on as the previous member had mentioned above. 

 

Of course, I will consult with my lawyer before I really plunge into this business.


First sale doctrine only applies to goods that are manufactured and sold in US. Cases mentioned by previous member are when someone sold foreign good to US. Supreme Court has ruled that first sale doctrine does NOT apply to foreign good.

 

The kid that was mentioned sold books from Thailand to US. Does not get protection from first sale doctrine.

 

Costco got sued for selling watches originally from Switzerland. 9th Circuit Court hold Costco liable because watches were not manufactured in US, and Supreme Court affirmed the decision.

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AvaMommy
Posts: 297
Registered: ‎08-08-2012
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Re: Being asked by Amex for tax return?


webhopper wrote:

jd5189 wrote:

Open a business credit card next time


Un wise. We don't even know what he is selling to the Chinese at a profit.

+1

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Uborrow-Upay
Posts: 2,708
Registered: ‎10-16-2008
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Re: Being asked by Amex for tax return?

+1, trumpet-205.

 

 

And @ UtahNewbie...Hahvahd, I presume?

 

Your written English has improved considerably from last evening.

 

Well done!

 

:smileyhappy:

 

 

 

 

 

 

 

 

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webhopper
Posts: 7,225
Registered: ‎09-16-2011
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Re: Being asked by Amex for tax return?


Uborrow-Upay wrote:

webhopper wrote:
It might be free to you but I would be paying for it and that would make me angry...
Try to stay on the legal side of the law kiddo...
I'm not sure a public forum is the place to discuss your business ideas.

Which ones, webhopper?  The one about lying on the Amex credit app, or the one about reselling synthetic marijuana (conveniently edited out two minutes after I posted in message 20.)

 

Let's let this kid go to sleep, he's got classes in the morning, and I'm sure his friends are tired, too.

 

:smileyhappy:

 


 

The illegal ones :smileywink: ... basically every idea posted by the OP... I'm sure he "forgot" to pay state sales tax as well... darn pesky legalities...

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webhopper
Posts: 7,225
Registered: ‎09-16-2011
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Re: Being asked by Amex for tax return?


jonmartin wrote:

Man I'm glad I don't have to deal with that **bleep** from AMEX.  NFCU FTW  LOL.

 


I sincerely hope that you didn't read the entire thread before posting your opinion. I sincerely hope NFCU will close accounts in cases such as this; and that due dilligence is used in all cases; as it was in mine before credit is issued.

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Sparkz1920
Posts: 271
Registered: ‎08-09-2009
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Re: Being asked by Amex for tax return?

I don't think JohnMartin meant it that way at least I didn't take it that way and I agree...I have an Amex and have read stories about tax docs being requested just because... I see where Amex is coming from as a company though....but some ppl are happy they don't have to deal with it

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w20031424
Posts: 360
Registered: ‎10-17-2012
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Re: Being asked by Amex for tax return?

[ Edited ]

So are you from China?

 

 

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New Member
UtahNewbie
Posts: 11
Registered: ‎10-14-2012
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Re: Being asked by Amex for tax return?

[ Edited ]

 

 


webhopper wrote:

Uborrow-Upay wrote:

webhopper wrote:
It might be free to you but I would be paying for it and that would make me angry...
Try to stay on the legal side of the law kiddo...
I'm not sure a public forum is the place to discuss your business ideas.

Which ones, webhopper?  The one about lying on the Amex credit app, or the one about reselling synthetic marijuana (conveniently edited out two minutes after I posted in message 20.)

 

Let's let this kid go to sleep, he's got classes in the morning, and I'm sure his friends are tired, too.

 

:smileyhappy:

 


 

The illegal ones :smileywink: ... basically every idea posted by the OP... I'm sure he "forgot" to pay state sales tax as well... darn pesky legalities...

 


I resale products to people in China, so I am not obliged to collect state tax as a merchant. If you mean I don't pay use tax for the products I bought online, on the Utah Tax

Commission webpage, itsays"You must pay use tax on all taxable items bought for storage, use or consumption in Utah during the tax year if sales tax was not paid to the seller at the time ofpurchase." Oh, I forgot to tell you that these products are shipped directly from the website to my warehouse in Oregon or Delaware to be freighted to
China. So I guess I don't need to pay use tax because these merchandise are not"stored, used or consumpted"in Utah. Isn't it?

New Member
UtahNewbie
Posts: 11
Registered: ‎10-14-2012
0

Re: Being asked by Amex for tax return?

[ Edited ]

Uborrow-Upay wrote:

+1, trumpet-205.

 

 

And @ UtahNewbie...Hahvahd, I presume?

 

Your written English has improved considerably from last evening.

 

Well done!

 

:smileyhappy:

 

 


 

 

It makes you feel good to be sarcastic with some new immigrant's English skill?  Or you really can not tell?


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