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Thread: Retailer looking for Affiliate Nexus Expert/Council

 
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  #1  
Old April 27th, 2010, 02:16 PM
Affiliate Manager
Join Date: December 27th, 2005
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Looking for a consultant/specialist (lawyer, maybe) who understands each of the proposed & passed affiliate tax nexus laws. We are seeking a specialist who can both summarize at a high level & provide specific details about each law. We seek an industry expert who can both package and deliver the relevant information. If you know of anyone who can assist please email me privately or pass along this post?

General Questions:

1. Are we non-compliant already? In what states? Potential states?
2. Ramifications of each law and how it will impact our affiliate program/business as a whole.
3. Should we discontinue working with affiliates that reside in nexus law states?
4. Other recommendations on a case by case basis.
5. Next steps.

The person should feel comfortable presenting to C level personal. We are willing to pay for input, advice and/or expertise.

Thanks,
Caugas
  #2  
Old April 27th, 2010, 05:34 PM
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Melanie Seery is our recommended tax expert: http://www.affiliatesummit.com/melanie-seery/

Her site is http://affiliateadvocacy.com/
  #3  
Old April 27th, 2010, 11:06 PM
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Chuck, Melanie is not a tax expert. She is a very involved and proficient lady but tax expertise is another area. Just saying.... (because I have soooo much experience in business) :-)
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  #4  
Old April 27th, 2010, 11:12 PM
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Would recommend starting with her since she is speaking to the experts. Unless you have a better recommendation.
  #5  
Old April 27th, 2010, 11:17 PM
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My recommendation would be a licensed tax attorney. But that is probably too pragmatic.
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  #6  
Old April 27th, 2010, 11:26 PM
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I really wonder how many tax attorneys are up to date on all of the state actions. I wouldn't be suprised if many of them are only familiar with laws in their own state.
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  #7  
Old April 27th, 2010, 11:31 PM
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Virtually every tax attorney will be proficient in Federal law and in the law of the state - or couple of states - in which they are licensed to practice. Virtually no tax attorney will have knowledge or expertise in the laws of other states. Unless an Internet Law expert who specifically handles such matters, including tax issues in a national practice, can be found, then attorneys from several states will be needed.
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  #8  
Old April 27th, 2010, 11:51 PM
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If Melanie doesn't work out or not the proper person for them, there was an attorney that taught a class at ASE09 and I think also had a booth at ASW10 that specialized in internet law and seemed very up on some of the topics we discussed at their booth. Might be something to look into.

He has a free newsletter that I get periodically that summarizes pending legal cases and laws across the country that affect internet retailers. Can't find his contact info but you might be able to check affiliatesummit.com. The booth was on or next to one of the end caps if I remember right.
  #9  
Old April 27th, 2010, 11:54 PM
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Dozier Internet Law, P.C. has been active at the Affiliate Summit and may be able to help or give a referral.
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  #10  
Old April 27th, 2010, 11:57 PM
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I think that's the one Chuck! Good memory
  #11  
Old April 27th, 2010, 11:59 PM
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Martindale-Hubbell is the premier directory of attorneys in the US. They do not list whoever pays them, as most law directories do. Rather, they have a sophisticated application process through which attorneys and firms have to qualify to be listed.

Years ago the directory itself cost several hundred dollars, but now it appears that some of their info is available free online, here.

They have a category listing that includes "Internet Law" with a sub-category of "E-Commerce Taxation".

Attorneys can then be located by City and State in this field of expertise.

(I tried it for Los Angeles, and there was one result.)
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  #12  
Old April 28th, 2010, 12:38 AM
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Quote:
Originally Posted by Chuck Hamrick View Post
Dozier Internet Law, P.C. has been active at the Affiliate Summit and may be able to help or give a referral.
There was a discussion about Dozier here two years ago. I stand by the comments I made in posts 10 and 13. You can do better,
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  #13  
Old April 28th, 2010, 07:16 AM
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Join Date: December 27th, 2005
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Everyone,

Chuck, Bonnie Blog, Micheal C, Affiliate Hound & Alan. I will follow up w/ either Melanie or Dozier. As for now I would like to stay away from a tax attorney due to the fact that I presume they are not up to date with affiliate marketing. I'm sure they understand the tax laws, but I'm looking for both, and industry expert (affiliate marketing) and lawyer or senior tax expert. I will follow up. The standard tax attorney route will be my second choice, as this will get expensive due to the fact of the sheer # of proposed laws. Thank for the advice.

Caugas
  #14  
Old April 28th, 2010, 02:44 PM
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caugus,

I can confidently recommend Andy Baer of Baer Business Law (http://www.baerbizlaw.com). Andy is an Internet Law expert whose expertise also includes state by state Tax Law as it relates to the Affiliate space. My agency has retained him to advise us on changes and updates to the various laws, so I know he's up to speed on all of it. He's a great guy and a guest blogger for Revenews. I'd encourage you to give him a call and tell him I sent you.

His contact info is on his web site. Good luck! Let me know if you have any questions about him. I've worked with him for years.
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  #15  
Old April 28th, 2010, 02:50 PM
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Melanie and Kevin had an Internet attorney at the first Albany meeting. I'll see if either of them can pop in this thread with his contact info.
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  #16  
Old April 28th, 2010, 03:04 PM
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some real good leads here folks. thanks.
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