Podcast appearances and mentions of paul rafelson

Step into the heart of the eCommerce jungle with a curated selection from four of our most riveting podcast episodes. Our expert guests shed light on the nuances that can make or break an online business as the digital landscape evolves. Allow their words to guide, inspire, and illuminate your eCommerce journey. Join a special mix with Shaun Brandt, Chris Shipferling, Julien Nowak, and Paul Rafelson!

When acquiring an e-commerce business, conducting thorough legal due diligence is essential to mitigating risk and ensuring a sound investment. Overlooking critical legal aspects can lead to unforeseen liabilities, intellectual property disputes, or tax complications that may jeopardize the deal. In this episode, Jaryd Krause speaks with Paul Rafelson, a seasoned attorney with over 15 years of experience in corporate law, M&A, intellectual property, and tax matters. A highly regarded expert in the e-commerce space, Rafelson is frequently cited in major news outlets and was the most referenced source in the U.S. government’s investigation into Amazon’s business practices regarding third-party merchants. Before launching his private practice focused on e-commerce businesses, he held in-house legal positions at major corporations such as Microsoft, Walmart, and General Electric. This discussion explores the most common legal due diligence mistakes buyers make when acquiring an e-commerce business, the risks sellers often overlook, and strategies to protect both parties. The conversation also dives into legal pitfalls specific to Amazon-based businesses, where a significant portion of revenue is tied to a single product. Additionally, Rafelson provides insight into why some lawyers hinder deals rather than facilitate them and offers guidance on selecting legal professionals specializing in e-commerce acquisitions. Tune in to gain expert knowledge on safeguarding an e-commerce acquisition through proper legal due diligence. Now, let’s dive in! Episode Highlights 03:00 Paul’s journey into M&A 11:00 Acquire trademarks too! 19:00 What to check when buying a business? 24:30 What is going to the beach syndrome? 31:30 Why understanding risks are important? Key Takeaways ➥ Proper due diligence ensures a smoother acquisition process and prevents legal pitfalls. ➥ Buyers must focus on IP rights, legal compliance, and financing options to make informed decisions. ➥ As the market evolves, understanding these factors is key to successful e-commerce investments. About The Paul Rafelson Paul Rafelson is an experienced attorney with over 15 years in complex Corporate, Intellectual Property M&A and Tax matters. He is also a trusted resource in the e-commerce world, regularly quoted in the news on the issues involving Amazon and e-commerce. Paul was also the most-cited source of information in the US government's investigation into Amazon’s business practices as it pertains to third-party merchants. Before starting a private practice dedicated to the needs of e-commerce businesses, Paul spent the majority of his career in-house at some of the largest companies in the world such as Microsoft, Walmart, and General Electric. Connect with Paul Rafelson ➥ www.ecom.law➥ www.sellerbasics.com Resource Links ➥ Buying Online Businesses Website - https://buyingonlinebusinesses.com ➥ Sell your business to us here - https://buyingonlinebusinesses.com/sell-your-business/ ➥ Download the Due Diligence Framework - https://buyingonlinebusinesses.com/freeresources/➥ Connect with Jaryd here - https://www.linkedin.com/in/jarydkrause ➥ Hostinger (Website Hosting) - https://bit.ly/3HUqW0s ➥ SEM Rush (SEO tool) - https://bit.ly/3lINGaV ➥ Convert Kit (Email Software Provider) - https://bit.ly/3o10Xgx

Join Seller Basics Here: https://cleartheshelf.com/sellerbasics Amazon sellers, your account is more vulnerable than you think. IP complaints, suspensions, account holds, and legal disputes—if you don't know how to protect yourself, you're playing with fire. In this episode of the pod, Chris Grant and Chris Racic sit down with Paul Rafelson, a top e-commerce attorney and founder of Seller Basics, to expose the legal pitfalls Amazon sellers face—and how to fight back. What's inside this episode: ✔️ Why Amazon suspends sellers & how to prevent it ✔️ The truth about IP complaints & false counterfeit claims ✔️ How Amazon legally justifies holding seller funds and inventory ✔️ What to do if your ASIN or account gets suspended ✔️ The secret Amazon doesn't want you to know—how to use politicians to apply pressure ✔️ Why arbitrage sellers aren't going anywhere (despite the private label crowd screaming otherwise)Paul has defended Amazon sellers in courtrooms, boardrooms, and even Washington D.C. -------------------- RESOURCES FOR YOU:

Paul is an experienced attorney with nearly 20 years in complex tax, litigation and M&A matters. Paul is also a trusted resource in the eCom world, regularly quoted in the press on matters involving Amazon and eCommerce, and was the most-cited resource in the House Antitrust Committee's report on Amazon's business practices.Highlight Bullets> Here's a glimpse of what you would learn…. Current challenges faced by Amazon sellers, particularly the "purge" of resellers.Increased scrutiny on invoices and sourcing requirements imposed by Amazon.Rising fees and their impact on sellers' profit margins.Intellectual property (IP) challenges, especially regarding infringement from overseas sellers.Legal strategies for protecting IP rights and enforcing compliance.The importance of maintaining proper documentation and compliance with Amazon's regulations.Trends in Amazon's enforcement practices and the consequences for non-compliance.The need for a unified lobbying effort among Amazon sellers to advocate for their interests.Predictions for future compliance requirements and the necessity for sellers to prepare in advance.The role of services like Seller Basics in helping sellers manage account health and avoid suspensions.In this episode of the Ecomm Breakthrough Podcast, host Josh Hadley engages with Paul Rafelson, an attorney with nearly 20 years of experience in tax litigation and M&A. Paul, affiliated with the Rafelson Law Firm and Seller Basics, discusses the current challenges Amazon sellers face, particularly the "purge" of resellers. He highlights increased scrutiny on invoices, rising fees, and the importance of compliance. Paul introduces Seller Basics, a cost-effective service designed to help sellers manage account health and prevent suspensions. The episode underscores the need for proactive legal strategies and compliance to navigate Amazon's evolving marketplace.Here are the 3 action items that Josh identified from this episode:1. Strengthen Documentation and Compliance Practices: Ensure that all invoices and sourcing documents are meticulously organized and easily accessible.2. Proactively Protect Intellectual Property (IP): Register your trademarks, copyrights, and patents as early as possible.3. Diversify Sales Channels and Optimize Cost Structure: Consider expanding to other e-commerce platforms to reduce dependency on Amazon.Resources mentioned in this episode:Josh Hadley on LinkedIneComm Breakthrough ConsultingeComm Breakthrough PodcastEmail Josh Hadley: Josh@eCommBreakthrough.comSeller BasicsEdison IPCalifornia's Proposition 65Marketplace PulseChatGPTHilton HartOutliers by Malcolm GladwellBillion Dollar Seller SummitSpecial Mention(s):Adam “Heist” Runquist on LinkedInKevin King on LinkedInMichael E. Gerber on LinkedInRelated Episode(s):“Cracking the Amazon Code: Learn From Adam Heist's Brand Scaling Secrets” on the eComm Breakthrough Podcast“Kevin King's Wicked-Smart Tips for Building an Audience of Raving Fans” on the eComm Breakthrough Podcast“Unlocking Entrepreneurial Greatness | Insider Secrets With E-myth Author Michael Gerber” on the eComm Breakthrough PodcastEpisode SponsorSponsor for this episode...This episode is brought to you by eComm Breakthrough Consulting where I help seven-figure e-commerce owners grow to eight figures. I started Hadley Designs in 2015 and grew it to an eight-figure brand in seven years.I made mistakes along the way that made the path to eight figures longer. At times I doubted whether our business could even survive and become a real brand. I wish I would have had a guide to help me grow faster and avoid the stumbling blocks.If you've hit a plateau and want to know the next steps to take your business to the next level, then go to www.EcommBreakthrough.com (that's Ecomm with two M's) to learn more.Transcript AreaJosh Hadley 00:00:00  Welcome to the Ecomm Breakthrough podcast. I'm your host, Josh Hadley, where I interviewed the top business leaders in e-commerce. Past guests include Kevin King, Aaron Cordovez and Michael Gerber, author of The E-myth. Today I'm speaking with Paul Rafelson of the Rafelson law Firm and seller Basics, and we are going to be talking a lot about how you can protect your brand through the Amazon purge that is currently underway right now. This episode is brought to you by Ecomm Breakthrough, where I specialize in investing in and scaling seven figure companies to eight figures and beyond. If you're an ambitious e-commerce entrepreneur looking for a partner who can help take your business to the next level, my team and I provide hands-on experience, strategic insights, and the resources needed to fuel your growth. So if you or someone you know is ready to scale or looking for an investment partner, reach out to me directly at Josh at Ecomm Breakthrough. Com. That's E-comm with two M's and let's turn your dreams into reality. But today I am super excited to introduce you all to Paul Rafelson.Josh Hadley 00:00:48  Paul is an experienced attorney with nearly 20 years in co...

In this episode, we're thrilled to welcome Paul Rafelson, an experienced eCommerce attorney, Founding Partner at Rafelson Law and co-founder of Online Merchants Guild, as he shares valuable insights on the legal aspects of e-commerce and navigating international business relationships. Don't miss this engaging conversation packed with expert advice on protecting and growing your e-commerce business in a rapidly changing landscape.

Navigating the Legal Landscape of E-Commerce Paul Rafelson, Rafelson Law – The Sharkpreneur podcast with Seth Greene Episode 1007 Paul Rafelson Paul Rafelson was the most-cited resource in the Congressional Antitrust Investigation into Amazon's mistreatment of sellers on the platform. He is the Founding Lawyer at Rafelson Law, the #1 go-to law firm for online businesses facing legal challenges and digital sellers looking for the best deal when exiting their businesses. In 2021, they facilitated 60+ online business exits realizing over $238M for their clients. Paul is the Founder of SellerBasics.com, the first legal plan designed specifically for eCommerce sellers. With SellerBasics, eCommerce sellers can get access to unlimited consultations with qualified attorneys and free assistance with suspended eCommerce/Amazon accounts—all for only $99/month. Paul is also the Founder of Online Merchants Guild (OMG), a non-profit trade association that enables thousands of online sellers to voice their concerns on various legal issues affecting them, where he volunteers as an Executive Director. OMG has played a major role in offsetting Amazon's growing political influence. Paul has 15+ years' experience as an attorney, and he paid for his law degree at Villanova Law School by selling video games on Amazon. Before starting his private practice, Paul worked as in-house counsel at Microsoft, Wal-Mart, and General Electric, and has been featured by major media outlets, including Bloomberg, The New York Times, the WSJ, and CNN, because of his reputation as an advocate for the eCommerce community. Listen to this informative Sharkpreneur episode with Paul Rafelson about navigating the legal landscape of e-commerce. Here are some of the beneficial topics covered on this week's show: - How Rafelson Law aims to help clients understand legal aspects such as LLCs, trademarks, patents, and compliance with platforms like Amazon. - Why it's important to focus on problem-solving to avoid litigation whenever possible. - How clients need to understand the hazards and costs of litigation and that it should only be a last resort. - Why Rafelson Law is looking to focus on intellectual property enforcement. - How business owners need the right legal advice at the right time to prevent avoidable problems. Connect with Paul: Guest Contact Info Links Mentioned: ecomattorneys.com Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, we're thrilled to welcome Paul Rafelson, an experienced eCommerce attorney, Founding Partner at Rafelson Law and co-founder of Online Merchants Guild, as he shares valuable insights on the legal aspects of e-commerce and navigating international business relationships. Don't miss this engaging conversation packed with expert advice on protecting and growing your e-commerce business in a rapidly changing landscape.

Join Andrew Morgans and Paul Rafelson, Founder of Rafelson Law Firm, as they delve into safeguarding global small businesses on Amazon. Discover how Amazon and e-commerce propel small businesses to scale, why government regulation should target Amazon, not the sellers, and how FBA democratizes e-commerce. Plus, Paul underscores the importance of e-commerce sellers engaging in legal conversations.     Find Startup Hustle Everywhere: https://gigb.co/l/YEh5   This episode is sponsored by Full Scale: https://fullscale.io   Learn more about Rafelson Law Firm: https://ecomattorneys.com   Learn more about Marknoloigy: https://www.marknology.comSee omnystudio.com/listener for privacy information.

Paul Rafelson was the most-cited resource in the Congressional Antitrust Investigation into Amazon's mistreatment of sellers on the platform. He is the Founding Lawyer at Rafelson Law, the #1 go-to law firm for online businesses facing legal challenges and digital sellers looking for the best deal when exiting their businesses. In 2021, they facilitated 60+ online business exits realizing over $238M for their clients. Paul is also the Founder of SellerBasics.com, the first legal plan designed specifically for eCommerce sellers. With SellerBasics, eCommerce sellers can get access to unlimited consultations with qualified attorneys and free assistance with suspended eCommerce/Amazon accounts—all for only $99/month. Paul is also the Founder of Online Merchants Guild (OMG), a non-profit trade association that enables thousands of online sellers to voice their concerns on various legal issues affecting them, where he volunteers as an Executive Director. OMG has played a major role in offsetting Amazon's growing political influence. Paul has 15+ years of experience as an attorney, and he paid for his law degree at Villanova Law School by selling video games on Amazon. Before starting his private practice, Paul worked as in-house counsel at Microsoft, Wal-Mart, and General Electric, and has been featured by major media outlets, including Bloomberg, The New York Times, the WSJ, and CNN, because of his reputation as an advocate for the eCommerce community. What you will learn How Paul began his journey into e-commerce The rise and impact of Fulfillment by Amazon (FBA) The controversies and legal challenges associated with the FBA network Uncover the legal challenges related to Amazon and the manipulation of virtual shelf space Discover the challenges associated with buying and selling FBA businesses Paul shares his perspective on joy, adversity, and his career journey The importance of personal fulfillment, learning from life's challenges, and making choices that align with your values and goals Plus loads more!

What should I do about these letters I get from "brand potection" companies?  Will they sue me?  Should I just trash them?  What could I sell my amazon private label business for?  How are deals like that usually set up?  Do I need to set up sales taxes for my Shopify store?  If you find yourself asking these questions then this eposide will have answers for you! I sit down with lawyer Paul Rafelson from Seller Basics.com and just rapid fire talk about these issues with super realistic answers.  We cover a lot of common amazon selling questions and hopefully bring some calm to worried sellers who might get a letter or two.Rafelson Law Firm: https://ecomattorneys.com/Seller Basics Referral: https://rcosman.krtra.com/t/4FVyCJGwuLdTSign up for our free newsletter https://www.sellingfrom.co/newsFree Facebook Group https://www.facebook.com/groups/sellingfromthebeachJoin our Free Selling on Amazon Course https://www.sellingfrom.co/freefbaGrab a Copy of our Book https://www.sellingfrom.co/book Join our OA Masterclass at https://sellingfromthebeach.com/masterclass Instagram https://www.instagram.com/sellingfromthebeach/

There is always a fine line in running a business. eCommerce businesses take trademark and IP issues very lightly until they are involved in a transaction where business buyers might see them as a risk if their brand assets are not protected. eCommerce merchants take these issues lightly as they don't understand what's necessary to protect vs. what may be overkill. So, what does an eCommerce merchant need to know about protecting assets that matter the most during business transactions?In today's episode, our guest, Paul Rafelson, discusses why trademarks are critical for eCommerce merchants. He also discusses why business buyers are likely to be worried about buying businesses that might not be protected by trademarks. Finally, he discusses other issues, such as protecting brand images and when IP protection might be overkill vs. when it's absolutely necessary.For more information on growth strategies for SMBs using ERP and digital transformation, visit our community at wbs.rocks or elevatiq.com. To ensure that you never miss an episode of the WBS podcast, subscribe on your favorite podcasting platform.

Amazon AntiTrust Lawsuit Roundtable with Steve Simonson, Tim Jordan, Adam Hiest, Liran Hirschkorn and Paul Rafelson   Today, I am joined by Steve Simonson, Tim Jordan, Adam Hiest, Liran Hirschkorn and Paul Rafelson. The topic of this roundtable is the lawsuit filed by the FTC which has been gaining momentum over the last few days.   Key parts of the lawsuit   Anti-Discounting Measures: Amazon's fair pricing policy makes it impossible for sellers to offer lower prices on competing platforms.    Prime Eligibility: It's claimed that Amazon conditions a seller's ability to have their products marked as "Prime" on using Amazon's fulfilment service, which can be costly.      Search Result Biases: There are concerns that Amazon might be prioritising its own products in search results, even if other products are of better quality.   High Fees for Sellers: The FTC points out that Amazon charges various fees to sellers, which can amount to nearly 50% of their total revenues.   Degrading the customer experience by replacing relevant, organic search results with paid advertisements—and deliberately increasing junk ads that worsen search quality and frustrate both shoppers seeking products and sellers who are promised a return on their advertising purchase.   Amazon's surmised response?   Amazon is contesting a lawsuit filed by the Federal Trade Commission (FTC), arguing that the lawsuit is misguided and would, if successful, harm consumers and the many businesses that sell on Amazon.   1. *Customer-Centric Innovations:*    - Amazon believes its innovations and customer-centric focus have benefited consumers through low prices and increased competition in the retail industry.    - The company has cooperated with the FTC in the past and respects its role in protecting consumers and promoting competition.   2. *Misguided Lawsuit:*    - The current lawsuit by the FTC is seen as a radical departure from its role, with Amazon arguing that it is misguided and would force Amazon to engage in practices that actually harm consumers and businesses, such as featuring higher prices and making Prime more expensive and less convenient.   3. *Allegations of Anticompetitive Practices:*    - The FTC alleges that Amazon's pricing practices, Fulfilment by Amazon offering, and Amazon Prime are anticompetitive, revealing a fundamental misunderstanding of retail by the Commission.    - Amazon argues that its model is pro-competitive, and the lawsuit could negatively impact consumers and businesses selling on Amazon.   4. *Low Prices and Competitive Offers:*    - Amazon is proud of the low prices and competitive offers it provides to customers and has enabled third-party businesses to sell their products alongside Amazon's.    - The company invests in tools and education to help third-party businesses offer competitive prices and does not highlight or promote offers that are not competitively priced.   5. *Support to Independent Sellers:*    - Amazon has lots independent businesses selling on its platform and provides support and services to help them succeed.    - The company has invested billions in resources and services to support sellers at every stage of their journey, providing them with data, insights, and various features to manage their businesses effectively.   6. *Fulfilment by Amazon (FBA):*    - FBA is an optional service where Amazon handles product storage, packaging, shipping, returns, and customer service, allowing sellers to focus on growing their businesses.    - Amazon argues that FBA is competitively priced and offers significant benefits to independent businesses, contributing to job creation and investments in the economy.   7. *Innovation and Amazon Prime:*    - Amazon continues to innovate to delight customers, with Prime being a prime example, offering more than just free shipping.    - The company has invested in making Prime better for customers, achieving faster shipping speeds and allowing sellers to offer Prime shipping on their own sites, which has been beneficial to both consumers and sellers.     8. *Thriving Retail Industry:*    - Amazon operates in a vibrant and varied retail industry where over 80% of all retail products are still bought in physical stores.    - The company argues that the FTC's complaint grossly mischaracterizes the retail industry and ignores the dynamic competition that benefits consumers, with numerous options available to consumers and sellers.    - Amazon sees itself as a part of a massive and robust retail market and not as a monopolistic entity, with the FTC attempting to narrowly define markets to make Amazon appear more dominant than it is.   9. *Commitment to Consumers and Sellers:*    - Amazon is proud of its role in spurring low prices, innovation, and competition across retail.    - The company fundamentally disagrees with the FTC's allegations and approach to antitrust, vowing to contest the lawsuit and continue inventing to put consumers and businesses first.    - Amazon believes that the FTC's approach, if successful, would harm consumers, hurt independent businesses, and upend long-standing and well-considered doctrines.   Final Summary: Amazon is defending its practices and innovations, asserting that they have always been in favor of consumers and sellers, providing low prices, options, and competition in the retail market. The company sees the FTC lawsuit as fundamentally flawed, misrepresenting the retail industry and Amazon's role in it. Amazon is committed to contesting the lawsuit, maintaining that the success of the FTC in this case would result in anti-consumer and anti-competitive outcomes, harming both consumers and the independent businesses selling on Amazon.

Step into the heart of the eCommerce jungle with a curated selection from four of our most riveting podcast episodes. Our expert guests shed light on the nuances that can make or break an online business as the digital landscape evolves. Allow their words to guide, inspire, and illuminate your eCommerce journey. Join a special mix with Shaun Brandt, Chris Shipferling, Julien Nowak, and Paul Rafelson!

Paul Rafelson is a Partner at Rafelson Law, a firm that understands the unique needs of e-commerce entrepreneurs. They bring the expertise that helps companies expand and protect their assets from the challenges they face. With 15-plus years of experience in complex tax, litigation, and M&A matters, he is a trusted resource, frequently quoted in the press about Amazon and e-commerce intricacies.  Before private practice, Paul worked in-house at some of the world's largest companies, including Microsoft, Walmart, and General Electric. In addition, he is the Founder of SellerBasics, the Chairman of the Online Merchants Guild, and a professor at Pace University School of Law in New York. In this episode… Being an e-commerce entrepreneur and selling on Amazon has its fair share of difficulties. With millions of others to compete with, it can be arduous, not to mention having to prepare to navigate the legal implications you face when you're an Amazon seller. How can you expand and grow an e-commerce business while protecting your legal rights? In addition to concentrating and creating a thriving brand, the legal challenges you run into as an Amazon seller can be overwhelming. If you lack the knowledge to handle the legalities, including account suspensions, intellectual property disputes, antitrust laws, or sales tax issues, it's vital to recruit an advisor. Paul Rafelson recommends hiring a law firm that can provide solid advice to businesses in the e-commerce space. With the expertise you need on board, you'll be ready to manage the legal complications, ensure the success of your business, and prepare for your eventual exit. In this episode of the Quiet Light Podcast, Pat Yates sits down with Paul Rafelson, Partner at Rafelson Law, to discuss navigating e-commerce law. Paul explains how Rafelson Law helps e-commerce entrepreneurs, the challenges Amazon sellers face, the SellerBasics program, preparing an Amazon business for sale, dealing with sales tax issues, and how the Online Merchants Guild community supports e-commerce entrepreneurs. 

On today's Lunch With Norm, we are with an attorney in private practice focused in the field of eCommerce law and the founder of SellerBasics.com, Paul Rafelson! We discuss the legal trends and issues with Amazon 2023. Find out the eCom exit market's status, and what challenges sellers face when selling their business. Our guest and his associates helped Amazon sellers realize over a quarter billion in exit proceeds.   This episode is brought to you by Post Purchase Pro Post Purchase PRO specializes in helping Amazon sellers create more sales, ranking, and reviews through post purchase marketing. Finally your email marketing can be actively managed by professionals with over 30 years experience so you can focus on running your business. Increase repeat purchases, drive better organic search term ranking, get more reviews, and build a real asset. For more information visit https://www.postpurchasepro.com/lunch   This episode is brought to you by VAA Philippines VAA is the world's only company specializing in Virtual Assistant services for Amazon sellers. We invest significant resources in our VAs, including a thorough screening and selection process, intensive month-long Amazon training for accepted candidates, ongoing professional development, and a warm, supportive community. You can rely on your VA as a dedicated employee who will deliver consistently high-quality work on an efficient, ongoing basis. And that means peace of mind for you. For more information visit https://www.vaaphilippines.com/   This episode is brought to you by Startup Club Startup Club is the largest club on Clubhouse supporting the Startup ecosystem. Startup Club offers an exciting sense of belonging to established and aspiring entrepreneurs, startup businesses, and companies wanting to Learn, Connect, and Grow. Join us for conversations with founders, entrepreneurs, angel investors, venture capitalists, subject matter experts, and more. For More information visit https://Startup.club   This episode is brought to you by Jeff Schick Legal Protect your business from legal threats that could severely disrupt your normal business operations. I designed my monthly retainer plan with the sellers in mind, because I've been in your shoes. For a very low, monthly retainer of $89, Get access to Amazon attorney Jeff Schick. Mention Lunch with Norm and receive 50% off the first 2 months. For more information visit https://jeffschick.com – drive online sales, increase conversions and help build your brand.   This episode of Lunch with Norm is sponsored by Surgo Marketing. Ready to take your brand to the next level on TikTok and Instagram? Surgo Marketing specializes in helping entrepreneurs and coaches build a profitable brand on TikTok and IG in less than 90 days.  With Surgo Marketing, you can build your brand, create incredible video content, and increase leads without spending a dime on ad spend. Visit surgomarketing.com today and elevate your brand.   This episode is brought to you by Rebaid. Attention sellers and brand owners! Are you looking for a way to reach more shoppers and promote your products? Try Rebaid! Rebaid's platform connects you with shoppers looking for great deals on exciting new products. We make it easy to offer promotional deals and handle rebate payments with seamless redemption and efficient processing. Don't just take our word for it, see why we have an Excellent rating on Trustpilot® and rave reviews from thousands of satisfied customers. Increase your sales and reach more shoppers with Rebaid today! For more information visit https://www.rebaid.com In this episode, an attorney in private practice focused in the field of eCommerce law and the founder of SellerBasics.com, Paul Rafelson, is here. Today, we discuss the legal trends and issues with Amazon 2023. He and his associates helped Amazon sellers realize over a quarter billion in exit proceeds. This episode is brought to you by Startup Club, Rebaid, VAA Philippines, Post Purchase Pro, Surgo Marketing, Jeff Schick Legal and HONU Worldwide.   *All conversations and information exchanged on the Lunch with Norm podcast or interaction on the Lunch with Norm Website is intended for educational and entertainment purposes only. Do not confuse this with advice or direction with your business per se. Always do your own research before following advice from any podcast/website. Amazon's Terms of Service is always changing. Make sure you are following relevant up-to-date information.

You MUST HAVE A GRASP on legal rules and regulations if you want to boost your Amazon selling game. It's simply the the existing scene, especially in the U.S. So, in this episode, we pulled in e-commerce legal expert, Paul Rafelson to help explain the world of patents, trademarks and aquisitions in e-commerce and Amazon Selling. 

Paul Rafelson is the Partner and Founder at Rafelson Law PLLC, the Entrepreneur's Law Firm. They were born out of the idea that today's leading entrepreneurs deserve legal talent once reserved for large corporations.  Their attorneys are dedicated to using their experience and education to help your business succeed in today's global eCommerce driven economy. In this episode, Paul dives into the crucial topic of intellectual property and legal issues that eCommerce sellers encounter in the ever-evolving world of online business.  He shares his expertise on trademarks, copyrights, and patents, shedding light on the importance of proper licensing for images used in a business and the potential impact on selling a business without owning trademarks.  Join us as we explore the intricacies of legal compliance, trademark enforcement, and the fascinating world of e-commerce. Let's jump right in!

Unravel the complex world of ecommerce regulations with Paul Rafelson, a seasoned lawyer who's on a mission to help online businesses navigate through the labyrinth of sales tax issues and intellectual property disputes.Here's a summary of the great stuff we cover in this show:Paul shares his views on the importance of understanding tax obligations and legalities for e-commerce businesses. He emphasizes the importance of legal protection for online businesses through legal entities like LLCs or corporations.Conversation about the legal complexities of selling on Amazon and the importance of understanding Amazon's Terms of Service.Paul discusses the pitfalls of Amazon's suspension system for sellers and the importance of legal representation.He explains the common mistakes sellers make when selling their e-commerce businesses, like not understanding what they are selling and the implications of warranties and indemnities.Paul offers tips on how to navigate the sale of an e-commerce business, stressing the need for good legal counsel.Matt asks Paul about the common traits of businesses that sell well. Paul emphasizes that it's more about the value of the product than the specific niche. Paul mentions the categories that are riskier to get into, such as kids' toys, supplements, and gun accessories, due to their regulations. He talks about the changing trends in the e-commerce market, such as the COVID-19 impact and the subsequent market adjustment.About PaulPaul Rafelson, a seasoned attorney, has spent over a decade and a half untangling complex Corporate, Tax Intellectual Property, and M&A matters. A recognized authority in the e-commerce sphere, he's often featured in the news sharing insights on Amazon and e-commerce issues. Moreover, his expertise shone when he became the most frequently cited source during the US government's probe into Amazon's business practices related to third-party merchants.For complete show notes, transcript and links to our guest, check out our website: www.ecommerce-podcast.com.

Paul Rafelson is an experienced attorney with over 15 years in complex tax, litigation and M&A matters. Paul is also a trusted resource in the eCom world, regularly quoted in the press on matters involving Amazon and eCommerce, and was the most-cited resource in the House Antitrust Committee's report on Amazon's business practices.Prior to entering private practice Paul spent the majority of his career in-house at some of the largest companies in the world: Microsoft, Walmart & General Electric. Paul is also a professor at Pace University School of Law in New York, where he teaches a constitutional law course on state taxation. On this episode, we discuss tax controversy, what makes sales tax complicated for eCommerce brands, his involvement with the Online Merchants Guild, and much more.

Paul Rafelson is a Partner at Rafelson Law Firm, which focuses exclusively on ecommerce business concerns. With over 15 years of experience, he has in-depth knowledge of tax, litigation, and M&A legal matters and is regularly cited by the press when it comes to Amazon and ecommerce. The House Antitrust Committee used him as a primary resource in its report on Amazon's business practices. Before his private practice, Paul worked as an in-house attorney at Microsoft, Walmart, and General Electric. He is also a professor at Pace University School of Law in New York, where he teaches constitutional law on state taxation. In this episode… Most of the advice available for ecommerce businesses centers around building and growing the company. However, questions for entrepreneurs interested in selling and exiting remain, including what's a fair price and what issues deserve special attention. As an experienced ecommerce attorney, Paul Rafelson has extensive knowledge in the complex world of mergers and acquisitions. With many moving parts, the process of selling your business and having a successful exit needs special attention. Paul knows that having someone to help you navigate these matters is essential, especially for Amazon sellers. Having legal counsel at your side will help prevent a deal from going sideways and ensure you get the best return possible. In this episode of the Ecommerce Wizards Podcast, Guillaume Le Tual sits down with Paul Rafelson, Partner at Rafelson Law, to talk about selling an ecommerce or Amazon seller business. They go through the entire process, including appropriate expectations, how much you should receive upfront, considering economies of scale, and the legalities involved in selling your business.

In this episode, we bring someone on the show who has been helping sellers behind the scenes for years on everything from state taxes to seller exits. 

In this episode, we're thrilled to welcome Paul Rafelson, an experienced eCommerce attorney, Founding Partner at Rafelson Law and co-founder of Online Merchants Guild, as he shares valuable insights on the legal aspects of e-commerce and navigating international business relationships. Don't miss this engaging conversation packed with expert advice on protecting and growing your e-commerce business in a rapidly changing landscape.

Amazon Brand Registry is a great tool for Amazon business owners who want to protect their brand and safeguard their intellectual property. But unfortunately, it can also be abused. Join Scott as he chats with Paul Rafelson, as they discuss how Amazon sellers can use Amazon Brand Registry to protect their brands from unauthorized sellers and hijackers. Paul shares powerful strategies to help Amazon business owners fight back against the misuse of Amazon Brand Registry.

Paul Rafelson is an experienced attorney with over 15 years in complex Corporate, Tax Intellectual Property and M&A matters. He is also a trusted resource in the ecom world, regularly quoted in the news on matters involving Amazon and ecommerce. Paul was also the most-cited source of information in the US government's investigation into Amazon's business practices as it pertains to third-party merchants. Prior to starting a private practice dedicated to the needs of ecommerce businesses, Paul spent the majority of his career in-house at some of the largest companies in the world such as Microsoft, Walmart and General Electric. Listen to this informative Tax-Alpha Solutions episode with Paul Rafelson about small business law.   Here is what to expect on this week's show: Discussion about the 20,000 new IRS agents and it's affect. The burden of proof is on you when the IRS comes. What is retail arbitrage? Some lawsuits aren't worth the time and effort.     Connect with Paul: https://ecomattorneys.com/ Matthew Chancey is a Registered Representative of Coastal Equities, Inc. and an Investment Advisory Representative of Coastal Investment Advisors, Inc. Neither Coastal Equities, Inc. nor Coastal Investment Advisors, Inc. is affiliated with Micel Financial LLC. Investment Advisory Services are offered through Coastal Investment Advisors, Inc., and securities are offered through Coastal Equities, Inc., Member FINRA/SIPC, 1201 N. Orange St., Suite 729, Wilmington, DE 19801. Learn more about your ad choices. Visit megaphone.fm/adchoices

Paul Rafelson is an experienced attorney with over 15 years in complex Corporate, Tax Intellectual Property and M&A matters. He is also a trusted resource in the ecom world, regularly quoted in the news on matters involving Amazon and ecommerce. Paul was also the most-cited source of information in the US government's investigation into Amazon's business practices as it pertains to third-party merchants. Prior to starting a private practice dedicated to the needs of ecommerce businesses, Paul spent the majority of his career in-house at some of the largest companies in the world such as Microsoft, Walmart and General Electric. Listen to this informative Tax-Alpha Solutions episode with Paul Rafelson about small business law.   Here is what to expect on this week's show: Discussion about the 20,000 new IRS agents and it's affect. The burden of proof is on you when the IRS comes. What is retail arbitrage? Some lawsuits aren't worth the time and effort.     Connect with Paul: https://ecomattorneys.com/ Matthew Chancey is a Registered Representative of Coastal Equities, Inc. and an Investment Advisory Representative of Coastal Investment Advisors, Inc. Neither Coastal Equities, Inc. nor Coastal Investment Advisors, Inc. is affiliated with Micel Financial LLC. Investment Advisory Services are offered through Coastal Investment Advisors, Inc., and securities are offered through Coastal Equities, Inc., Member FINRA/SIPC, 1201 N. Orange St., Suite 729, Wilmington, DE 19801. Learn more about your ad choices. Visit megaphone.fm/adchoices

Happy 2023! Here's our first podcast of this new year, and we're back with a special feature of our dear friend, Paul Rafelson. Paul is the founder of SellerBasics, a company that helps Amazon sellers navigate legal issues. He formed SellerBasics because he saw that many lawyers and consultants claiming to help Amazon sellers were not well-equipped to do so. Paul's mission is to strengthen the Amazon seller community and protect them from large organizations that bully them. This episode will show you Paul's Amazon journey and we will learn more about what they do in SellerBasics.   Become an Amazing Freedom Insider now and get exclusive content and tools from Andy and Nate! http://amazingfreedom.com/insider   Sign up to become an Amazon Seller Tribe to begin your million-dollar journey! https://bit.ly/3rH2UOe   Get back reimbursements owed through our AMZProfessional! https://bit.ly/3szdiXs     Connect with us!   Facebook: https://bit.ly/34saHH4 Youtube:  https://bit.ly/3LrVTsA Twitter:  https://bit.ly/3oHRzLV Instagram:  https://bit.ly/3BaFW56 LinkedIn:  https://bit.ly/3p98XJS

Happy 2023! Here's our first podcast of this new year, and we're back with a special feature of our dear friend, Paul Rafelson. Paul is the founder of SellerBasics, a company that helps Amazon sellers navigate legal issues. He formed SellerBasics because he saw that many lawyers and consultants claiming to help Amazon sellers were not well-equipped to do so. Paul's mission is to strengthen the Amazon seller community and protect them from large organizations that bully them. This episode will show you Paul's Amazon journey and we will learn more about what they do in SellerBasics.   Become an Amazing Freedom Insider now and get exclusive content and tools from Andy and Nate! http://amazingfreedom.com/insider   Sign up to become an Amazon Seller Tribe to begin your million-dollar journey! https://bit.ly/3rH2UOe   Get back reimbursements owed through our AMZProfessional! https://bit.ly/3szdiXs     Connect with us!   Facebook: https://bit.ly/34saHH4 Youtube:  https://bit.ly/3LrVTsA Twitter:  https://bit.ly/3oHRzLV Instagram:  https://bit.ly/3BaFW56 LinkedIn:  https://bit.ly/3p98XJS

Many online business owners assume that because they work online they are exempt from the laws and regulations of different states and countries.  Unfortunately, this assumption is not true and can result in unsuspecting sellers finding themselves in hot water with the law. In many cases, the law hasn't caught up to the advancements made in online business which often leads to eCommerce sellers being treated unfairly.  It was this injustice that inspired Paul Rafelson to defend eCommerce sellers. Paul is a Partner at Rafelson Law PLLC, a law firm that specializes in eCommerce law, Intellectual Property, M&A, Amazon Suspensions, Disputes, and more. In this episode, Paul walks us through the common legal problems that eCommerce sellers face. He breaks down the nexus tax issue that plagued Amazon merchants and explains the key points your Amazon insurance policy should contain. We also dive into how having an M&A lawyer in your corner when selling your business can make a world of difference. According to Paul,  “Aside from marriage and children, selling your business will probably be the most important transaction of your life. It's your game-changing story, and that's huge, so you want to do it right.” Paul explains the nuances of negotiating with aggregators vs normal buyers and shares tips on how to ensure a successful negotiation. He also reveals some of the potential pitfalls of earnout agreements and how to ensure you get the money owed to you.  If you want to ensure that your eCommerce business stays on the right side of the law, then don't miss a second of this episode! Topics Discussed in This Episode: How Paul became a lawyer and got into the online business industry (04:12) The nexus tax issue that inspired the formation of Paul's law firm (13:53) The common legal problems that Amazon sellers face (20:43) The legal risks of starting an FBA business vs Shopify (36:52) An overview of what an Amazon insurance policy should contain (44:16) The benefits of hiring an M&A lawyer when selling your online business (45:37) The differences between negotiating a sale with aggregators vs citizen buyers (49:25) The potential dangers of earnouts (53:25) Paul's tips for eCommerce sellers when it comes to negotiating with buyers (57:35) Mentions: Empire Flippers Podcast Empire Flippers Marketplace Schedule a call with our expert sales advisors  Rafelson Law Firm Seller Basics Sit back, grab a coffee, and learn valuable insights about eCommerce law!

Many online business owners assume that because they work online they are exempt from the laws and regulations of different states and countries.  Unfortunately, this assumption is not true and can result in unsuspecting sellers finding themselves in hot water with the law. In many cases, the law hasn't caught up to the advancements made in online business which often leads to eCommerce sellers being treated unfairly.  It was this injustice that inspired Paul Rafelson to defend eCommerce sellers. Paul is a Partner at Rafelson Law PLLC, a law firm that specializes in eCommerce law, Intellectual Property, M&A, Amazon Suspensions, Disputes, and more. In this episode, Paul walks us through the common legal problems that eCommerce sellers face. He breaks down the nexus tax issue that plagued Amazon merchants and explains the key points your Amazon insurance policy should contain. We also dive into how having an M&A lawyer in your corner when selling your business can make a world of difference. According to Paul,  “Aside from marriage and children, selling your business will probably be the most important transaction of your life. It's your game-changing story, and that's huge, so you want to do it right.” Paul explains the nuances of negotiating with aggregators vs normal buyers and shares tips on how to ensure a successful negotiation. He also reveals some of the potential pitfalls of earnout agreements and how to ensure you get the money owed to you.  If you want to ensure that your eCommerce business stays on the right side of the law, then don't miss a second of this episode! Topics Discussed in This Episode: How Paul became a lawyer and got into the online business industry (04:12) The nexus tax issue that inspired the formation of Paul's law firm (13:53) The common legal problems that Amazon sellers face (20:43) The legal risks of starting an FBA business vs Shopify (36:52) An overview of what an Amazon insurance policy should contain (44:16) The benefits of hiring an M&A lawyer when selling your online business (45:37) The differences between negotiating a sale with aggregators vs citizen buyers (49:25) The potential dangers of earnouts (53:25) Paul's tips for eCommerce sellers when it comes to negotiating with buyers (57:35) Mentions: Empire Flippers Podcast Empire Flippers Marketplace Schedule a call with our expert sales advisors  Rafelson Law Firm Seller Basics Sit back, grab a coffee, and learn valuable insights about eCommerce law!

Paul Rafelson is an eCommerce law expert and was the most-cited resource in the Congressional Antitrust Investigation into Amazon's mistreatment of sellers on the platform. He is a Founding Partner at Rafelson Shick, the #1 go-to law firm for online businesses facing legal challenges and digital sellers looking for the best deal when exiting their businesses. In 2021, they facilitated 60+ online business exits realizing over $238M for their clients.Paul is also the Founder of Online Merchants Guild (OMG), a trade association that enables thousands of online sellers to voice their concerns on various legal issues affecting them, where he volunteers as an Executive Director. OMG has played a major role in offsetting Amazon's growing political influence.In this episode, Paul talks about the common tax and legal issues encountered by Amazon sellers and how to protect yourself as a seller.[00:01 - 11:27] Opening SegmentPaul shares his story of paying his student loans from selling on e-commerce to being the founder of Rafelson ShickThe Global Small Business Phenomenon and how this led Paul to a career in helping e-commerce sellers[11:28 - 28:18 ] The Legal Trends You Need to Know About as an Online Seller About California Proposition 65It becomes increasingly favorable to foreign sellers as more rules are placed on American sellersDon't use Amazon's brand registry tool to knock off sellers from your listingFind out how you can get a professional law firm for E-commerce small businesses for as low as $9 by going to www.sellerbasics.comWant some Amazon refunds? Check out GETIDAPromo code: FTM400[28:19 - 45:38] Amazon Nexus: What It Is Meant to BeThe Commerce Clause in the constitution explainedEvery state has its own interpretation of NexusIt is Amazon's responsibility as a taxpayer to remit taxes under what's called a Marketplace Facilitator  Amazon takes care of the tax remittance for its sellersFor any concerns about constitutional law, it is important that you exhibit common sense and seek guidance from legal experts[45:39 - 51:07] Closing SegmentThe Fire RoundCheck out Paul's favorite book!Connect with Paul! (Links below)Quote/s:“If we're not in the forefront of the legislation of what is, you know, what is it is allowed, then it's going to affect what Amazon is going to affect the seller code of conduct.” - Paul Rafelson  “The more rules and regulations that Congress in the States put on the American sellers, all they're doing is giving an advantage to the foreign-based sellers.” - Paul Rafelson  Connect with Paul Rafelson Website:  www.sellerbasics.com / https://ecomattorneys.com LinkedIn: https://www.linkedin.com/in/paul-rafelson-9082527 Send us a voice message and let us know how we can help you fire the man! Facebook, YouTube, Instagram Resources MentionedGETIDAMalcolm GladwellEmail us at support@firingtheman.com Leave us a review as it really helps the show!  

Paul Rafelson Law from Rafelson Law is a specialist in eCommerce Law. In this interview, he gives his opinion on: Amazon suspensions Intellectual property disputes Product Compliance Ecommerce M&A Paul also runs a non-profit called the Online Sellers Guild which supports small businesses in their detailing with the tech giants. --- Send in a voice message: https://podcasters.spotify.com/pod/show/ecommerce-odyssey-podcast/message

This week features Paul Rafelson, the Founding Partner at Rafelson Law Firm, the #1 go-to law firm for online businesses facing legal challenges and digital sellers looking for the best deal when exiting their businesses. In addition, he is the Founder of the Online Merchants Guild (OMG), a trade association that enables thousands of online sellers to voice their concerns on various legal issues affecting them, where he volunteers in a position as an Executive Director. Finally, he also was the most-cited resource in the Congressional Antitrust Investigation into Amazon's mistreatment of sellers on the platform Paul discusses the Congressional Antitrust Investigation into Amazon's mistreatment of sellers all about. He also shares why should sellers be provided any protections. Listen as Paul deep dives into paying tax in the Amazon spectrum and what he sees when people exit their businesses and how he represents those businesses as sellers. Paul shares about the Online Merchants Guild and what should somebody do if they're interested in it. Episode Action Items: To find more information about Paul, go to www.sellerbasics.com ABOUT THE HOST: Andy Splichal is the World's Foremost Expert on Ecommerce Growth Strategies. He is the acclaimed author of thehttps://www.makeeachclickcount.com/ ( Make Each Click Count) Book Series, the Founder & Managing Partner ofhttps://www.trueonlinepresence.com/ ( True Online Presence), and the Founder ofhttps://www.makeeachclickcountuniversity.com/ ( Make Each Click Count University). Andy was named to The Best of Los Angeles Award's Most Fascinating 100 List in both 2020 and 2021. New episodes of the Make Each Click Count Podcast, are released each Friday and can be found onhttps://podcasts.apple.com/us/podcast/make-each-click-count-hosted-by-andy-splichal/id1517807004 ( Apple Podcast),https://www.iheart.com/podcast/269-make-each-click-count-host-85465345/ ( iHeart Radio),https://podcasts.apple.com/us/podcast/make-each-click-count-hosted-by-andy-splichal/id1517807004 ( iTunes),https://open.spotify.com/show/6EevPFDyrVeeJK9Zns6Xkh ( Spotify),https://www.stitcher.com/show/make-each-click-count-hosted-by-andy-splichal ( Stitcher),https://music.amazon.com/podcasts/f7ab598f-7f0d-45bc-8e9c-39358321ad10/make-each-click-count-hosted-by-andy-splichal ( Amazon Music),https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5jYXB0aXZhdGUuZm0vbWFrZS1lYWNoLWNsaWNrLWNvdW50Lw== ( Google Podcasts) andhttps://my.captivate.fm/www.makeeachclickcount.com ( www.makeeachclickcount.com).

The Legal Side Of Amazon Exits and The Slow Down in 2022 Today I chat with Paul Rafelson on how had 2 deals a day coming across his desk from August - December 2021(which doubled in the last two months) and the big drop into 2022. Whilst January was still active deals started to be pulled by February as the bubble started to simmer down. By March, we started to see the dry up and the sponsor activity and visibility disappeared from view. Then came some of the layoffs and some of the aggregators went on pause for new acquisitions of Amazon brands. We also discussed closing cash, claw backs and challenging buyer deals in non US/ UK territories in places like Singapore.

Paul Rafelson of https://ecomattorneys.com/ joins me to discuss the current state of exits for 2022 and offers advice to sellers wanting to exit around deal structure. We also touch on Amzon Buy with Prime and a theory and why Amazon is offering this. This episode is brought to you by my Amazon marketing and advertising agency IncrementumDigital.com. Visit 8fig.co to learn more about growth capital solutions for your ecommerce brand. Join the E-commerce Mindset Group https://www.facebook.com/groups/ecommercemindsetgroup/ on facebook to continue the conversation and follow Liran & Incrementum Digital on social media: Youtube: https://www.youtube.com/channel/UC7MFYjY6F6i6Z3aI299gtmA Subscribe Linkedin Newsletter: https://www.linkedin.com/newsletters/incrementum-digital-weekly-6922971660962734080/ https://www.facebook.com/lhirschkorn https://www.instagram.com/liranhirschkorn/ https://www.linkedin.com/in/liranhirschkorn/ --- Send in a voice message: https://anchor.fm/liran-hirschkorn0/message

Paul Rafelson is a great lawyer and also a former Amazon seller. He joins today to give us the latest update in the sales tax fight and what sellers need to know about intellectual property. Paul and his team have worked on more than $260 million of business exits in the last year and break down some of the tips, tricks, and trends in the M and A space. Paul's Links: www.Sellerbasics.comwww.ecom.lawOnline Merchants GuildCheck out show notes and more at www.seller.deals

In this episode of Sellernomics Paul Rafelson of SellerBasics talks about Amazon Antitrust Legislation and Effects on Sellers, What is Antitrust legislation? How did we get to this point? What could this legislation mean for Amazon? About Paul Rafelson - https://www.ecom.law, sellerbasics.com, and onlinemerchantsguild.org Paul Rafelson is a founding partner in one of the Nation's leading eCommerce law firms, Rafelson Schick, PLLC (“RS”). As the world of eCommerce has changed the landscape of what it means to be a small business, and in fact, creating for the first time in history what Paul refers to as the “Global Small Business” Paul focuses his practice on providing small and mid-market clients a unique blend of the most up-to-date eCommerce insight mixed with Paul's “big law” legal experience. Specifically, Paul's practice focuses on providing clients with advice on matters pertaining to tax, litigation, intellectual property matters, and representing both buyers and sellers in mergers and acquisitions, all with an eCommerce mindset. #PaulRafelson #SellerBasics About GETIDA - https://bit.ly/Sellernomics-GETIDA With e-commerce growing annually by at least 30%, it will become harder and harder to audit what can amount to anywhere from 1-3% of your annual revenue. GETIDA is actively dedicated to improving the overall operations of Amazon FBA sellers. We've developed robust auditing software that keeps track of your Amazon FBA inventory transactions, refunds, seller data analytics, and FBA reimbursements easily and clearly. We maintain an agreeable, established relationship with Amazon, and our dedicated case managers draw on that relationship when filing FBA reimbursement claims on your behalf.

In this episode of Sellernomics Paul Rafelson of SellerBasics talks about Amazon Antitrust Legislation and Effects on Sellers. Paul Rafelson will also talk about What is Antitrust legislation? How did we get to this point? What could this legislation mean for Amazon and more? About Paul Rafelson - ecom.law, sellerbasics.com, and onlinemerchantsguild.org Paul Rafelson is a founding partner in one of the Nation's leading eCommerce law firms, Rafelson Schick, PLLC (“RS”). As the world of eCommerce has changed the landscape of what it means to be a small-business, and in fact creating for the first time in history what Paul refers to as the “Global Small Business” Paul focuses his practice on providing small and mid-market clients a unique blend of the most up-to-date eCommerce insight mixed with Paul's “big law” legal experience. Specifically, Paul's practice focuses on providing clients with advice on matters pertaining to tax, litigation, intellectual property matters, and representing both buyers and sellers in mergers and acquisitions, all with an eCommerce mindset.

Paul Rafelson of Rafelson Schick joins me in this clubhouse conversation to discuss the ins and outs of negotiating the terms in selling your Amazon business. If you are considering selling now or in the future, this is a must listen to episode. This episode is brought to you by my Amazon marketing and advertising agency IncrementumDigital.com Email Liran@Incrementumdigital.com to find out how we can grow your brand's sales using the power of Amazon Advertising! Join the E-commerce Mindset Group https://www.facebook.com/groups/ecommercemindsetgroup/ on facebook to continue the conversation and follow Liran on social media: https://www.facebook.com/lhirschkorn https://www.instagram.com/liranhirschkorn/ https://www.linkedin.com/in/liranhirschkorn/ For inquiries on inventory financing for your Amazon/ecommerce business, or if you are looking to sell your Amazon business over $1mm in revenue, email Liran@IncrementumDigital.com Join the Amazon Sellers club on clubhouse! --- Send in a voice message: https://anchor.fm/liran-hirschkorn0/message

Paul Rafelson is a founding partner in one of the Nation’s leading eCommerce law firms, Rafelson Schick, PLLC (“RS”). In addition to his law practice, Paul is the founder of an online trade association called Online Merchants Guild (“OMG”), where he volunteers as the executive director. As the executive director of OMG, Paul fights to make sure eCom sellers’ voices are heard and that their rights are protected. Some examples of Paul’s advocacy work include submitting amicus briefs to the Supreme Court; advocating for business owners as the Supreme Court decides cases that affect online merchants worldwide and filing a lawsuit in Federal Court against California’s Department of Tax and Fee Administration challenging the CDTFA’s prolonged illegitimate pursuit of eCommerce Sellers for uncollected sales tax. Also spearheaded by Paul, OMG was recently granted a preliminary injunction by a United States District Court Judge which blocked Kentucky’s Attorney General from investigating Amazon sellers for price gouging pricing, which the court ruled was unconstitutional, since Amazon was the only party that could control prices on a state by state basis. And, in the recent congressional antitrust investigation of Amazon, Paul/Online Merchants Guild was one of, if not the most, cited committee resource in the final report.

https://awesomers.com/199 Steve Simonson and Paul Rafelson talk about the news of the Amazon Sellers and agencies that were indicted by the Department of Justice after an exhaustive investigation by the FBI. The actual indictment is here: https://www.justice.gov/usao-wdwa/press-release/file/1317976/download?fbclid=IwAR29kMV5sngTz-vWA1-FOPMJNXin1Reohw_jATWDfUN3aNIMN5x3dVMhW8c Read the allegations yourself and see why the alleged behaviors are so outrageous. Here are some of the news links that elaborate on this story: https://www.ecommercebytes.com/2020/09/19/amazon-reacts-to-federal-indictment-of-seller-consultants/ https://www.engadget.com/amazon-third-party-seller-bribery-scheme-214225399.html https://www.cbsnews.com/news/amazon-marketplace-fraud-scheme-six-indicted/ https://www.theverge.com/2020/9/19/21446549/six-people-indicted-amazon-bribery-marketplace-third-party-sellershttps://nypost.com/2020/09/19/six-indicted-by-justice-department-on-conspiracy-to-pay-bribes-to-amazon/ https://www.pcmag.com/news/feds-amazon-staffers-took-bribes-to-prop-up-sketchy-merchants-products Paul's casual Friday dress aside, Steve and Paul talk through the indictments and some of the impact it may or may not happen on other sellers and topics that deserve consideration in the future.

Navigating Through the Perpetual E-Commerce Minefield Episode 73 with Paul Rafelson Paul Rafelson is an attorney who specializes in tax law issues. Paul spent over 12 years defending some of the largest companies in the world from some of the most complex tax matters, in almost every state, as he has spent a substantial amount of his career as in-house tax litigation counsel for some of the world’s largest companies, Microsoft, Walmart and General Electric. Over the last year, Paul has also been leading the charge in the sales tax legal battle on behalf of online merchants, fighting to protect the constitutional rights of the merchant community, and insuring they didn’t fall victim to states like California, that are pursuing sellers for eight years of back taxes. As a part of his efforts, Paul helped form an online trade association called Online Merchants Guild, where he volunteers his time as the organization’s executive director. As executive director of OMG Paul wrote and submitted an amicus brief to the Supreme Court, bringing the online merchant perspective to the case, and through the organization is actively preparing to take further legal action that will help protect the constitutional rights of all merchants worldwide. Listen to this information-packed BizSoup Podcast Radio episode with Paul Rafelson about navigating through the minefields in e-commerce. Talking points include: ●   Why there are sales tax issues. ●   How you should sell your product independently. ●   Why trademarks are the underused form of intellectual property. ●   How to deal with Amazon.   Connect with Paul Rafelson Website ecomattorneys.com Facebook facebook.com/eComAttorneys LinkedIn linkedin.com/company/ecomattorneys Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to another season of the Professor's Podcast. Amidst this pandemic, it's kind of difficult, that's why we came up with the Professor's Pandemic live virtual events. The last one was a raging success. So stay tuned because we are about to have another again in November. In this second season of the Professor's Podcast, we will hear some insights from another set of speakers the Professor himself handpicked. In this episode, Paul Rafelson is going to touch on a little bit about the legal side of Amazon, which a lot of us have gotten tangled up with. There were people in the actual mastermind who mentioned getting trapped with millions of dollars in their account. Truly, there's a lot of other instances where people have gotten tangled up with Amazon, and Paul is an expert at helping you untangle that or kind of having a voice back. Special Guest: Paul Rafelson.

Paul Rafelson is an attorney advocating on behalf of ecommerce and Amazon sellers. In this episode we discuss the current sales tax landscape, price gouging, Amazon Anti trust, Seller's addresses being made public and legal issues Amazon sellers face. You can reach paul at https://ecomattorneys.com/ and sellerbasics.com. This episode is brought to you by my Amazon ads agency IncrementumDigital.com Email Liran@Incrementumdigital.com to find out how we can grow your brand's sales using the power of Amazon Advertising! Join the E-commerce Mindset Group https://www.facebook.com/groups/ecommercemindsetgroup/ on facebook to continue the conversation and follow Liran on social media: https://www.facebook.com/lhirschkorn https://www.instagram.com/liranhirschkorn/ https://www.linkedin.com/in/liranhirschkorn/ --- Send in a voice message: https://anchor.fm/liran-hirschkorn0/message

Industry activist and all round nice bloke Paul Rafelson returns to pick through last weeks testimony by Jeff Bezos on Capitol Hill. What does this mean for Amazon sellers? Stay Safe!

Show Page: https://awesomers.com/193 Seller Sessions and Awesomers.com DUAL CAST! Danny and Steve are joined today by Paul Rafelson.Amazon Sellers Celebrate victory against "THE MAN" on Awesomers and Seller Sessions Dualcast. Don't forget to subscribe and leave a 5-star review.  https://awesomers.com/podcast - for full show directory.

Today we talk about the landmark case that has helped Amazon Sellers and the negative stigma of price gauging applied by larger companies on smaller sellers and how to avoid it. Talking with Paul Rafelson and Steve Simonson.  #amazonseller #amazon #amazonfba #ecommerce #amazondeals #amazonfbaseller #amazonprime #amazonfashion #entrepreneur #fbaseller #fba #amazonreviewer #amazonsellers #amazonfbatips #amazonreview #amazonbusiness #freebies #amazonfinds #ebayseller #sellingonamazon #ecommercebusiness #reseller #amazonshopping #resellercommunity #amazonfbasecrets #amazonsellercentral #amazonreviews #amazonfbalife #usa #bhfyp

Today, we talk with Paul Rafelson, founder of the Online Merchants Guild, a trade association that gives online merchants a voice. We talk about the achievements of this group, including their instrumental role in the launching of the AB-147 bill and fighting for marketplace facilitator’s laws in 39 states. We talk about Amazon’s “scapegoat” approach to price gouging enforcement. We talk about OMG’s unique and valuable services to the seller community, as well as the affordable and important resources offered at https://sellerbasics.com/. We discuss the need for giving small businesses and sellers a voice in legislation, and share how you can join OMG’s cause. What is the Online Merchants Guild? 1:27 Extraterritoriality in Price Gouging Enforcement 10:32What The OMG Can Do For You 20:52Importance of Giving Sellers a Voice 27:17“It’s a huge benefit for me, as a seller. If I were to, say, start another business, I don’t have to figure out the sales tax issue again, and register in other states. I really did worry -- we’ve done a few million dollars in sales in Pennsylvania over the years -- that they would try to collect on that retroactively.” 7:09Reach Out To OMG: https://onlinemerchantsguild.org/Email Paul: paul@onlinemerchantsguild.org https://sellerbasics.com/Socialhttps://www.instagram.com/smartestseller/https://www.buyboxer.com/

Yael Cabilly, Jeff Schick and Paul Rafelson all join us in this episode as we talk Patents, Trademarks and legal shit that can get you in all sorts of trouble selling on Amazon. Stay home, stay safe!

Today's heavy hitters are legal eagles Paul Rafelson and Jeff Schick, who will be giving us the low down on the shit storm brewing on Amazon. We also have inspection and QC boss Andy Church, PPE expert Matt E Silver and hopefully Amazon seller and maverick Brock Johnson joining this episode... Share this far and wide. Stay home, be safe!

Sorry for the short notice! Paul Rafelson brought my attention to an important hearing regarding Sales Tax. ✅Here is his post about it: Congressional Subcommittee Hearing on Sales Tax: Tell Congress How Sales Tax Has Impacted Your Business by Submitting Written Testimony for the Subcommittee Hearing. Submit by Wednesday, Feb. 26th.

In this week's episode of the Garlic Marketing Show, we talk with Paul Rafelson, an e-commerce lawyer who’s hungry to fight back against Amazon and their increasingly shady online retail tactics.Paul has served as in-house legal counsel for massive global corporations including Microsoft and Walmart. While working as a tax lawyer for General Electric, he started taking on numerous Amazon clients who were being crushed by taxes. Paul’s dedication to fighting against Amazon has led him to the Online Merchants Guild, a nonprofit trade association that advocates for fair e-commerce laws and policies. Listen to the full Garlic Marketing Show episode with Paul to learn more about navigating complex tax laws and what you can do to prevent Amazon from destroying your e-commerce business.What You'll Learn:How the Supreme Court’s Wayfair decision will impact online retailersWhat Amazon is doing to avoid taxes and legal liabilitiesThe shady tactics driving the Amazon Basics product lineWhy you shouldn’t listen to any self-confessed Amazon “gurus”The reason you absolutely need to enforce your IP rights See acast.com/privacy for privacy and opt-out information.

Happy New Years to all of our listeners out there! For today's episode of the Ecomcrew podcast, I have a chat with Paul Rafelson about the Online Merchant's Guild and any updates that came to fruition within the last year. Other than that, we go over various topics that will definitely interest online sellers within the US such as several tax issues, why you should join the Guild, and the influx of China sellers within Amazon. If you're new to the podcast and haven't heard about the Online Merchant's Guild, it is a non-profit organization that gives sellers the opportunity to voice out their concerns on various legal issues, with an aim to make the business climate better for online sellers, whether on Amazon or on their own Shopify site. In our last podcast episode with them, we talked about Sales Tax — why it's such a complicated subject, the various states’ position on Sales Tax, and why it led to the birth of the Guild in the first place. I highly encourage all of our listeners, whether you're a seller on Amazon or on your own Shopify site, to join the Online Merchant's Guild, because while we are used to solving various legal problems on our own, this is just something that we can't do by ourselves; it will be costly and ineffective. We need to grow our strength in numbers and support each other to make this online business climate better for sellers. As always, here are the topics that Paul and I go over with timestamps:  Recap over the last year — (5:19) The Impact of the Online Merchant’s Guild — (7:56) The Issue of Back Taxes — (9:16) Income Taxes and the States that Enforce Them — (11:02) The Landscape of Taxes Today — (15:41) Why You Should Join The Online Merchant’s Guild  — (19:31) Addressing the Influx of Chinese Sellers on Amazon — (20:19) The Promise of Online Merchant’s Guild — (25:06) The Guild is For Everyone, Not Just Amazon Sellers — (28:59) Aiming for Amazon Independence — (29:49) If you want more information on the Online Merchant's Guild, feel free to send us an email at support@ecomcrew.com or visit their website to start making a change today. We'd love to hear from you.

Paul Rafelson joins us today to help sellers understand what is going on with Amazon sales tax, whether you should pay it or NOT.

Sales tax and Shopify/ non Amazon e-commerce with Paul Rafelson  What about sales tax for Shopify or other e-commerce business owners? The Amazon marketplace vs. Shopify Sales tax for Shopify business owners (or any similar system) is a different situation to that for sellers on marketplaces. Amazon tries to play both sides of the fence with - they want to avoid bad things like sales tax by saying “sold by Joe Seller”,  but they want to keep the customer relationship and branding.  Otherwise, you could claim your shop in New York City, for example, is “just a marketplace” for Chinese goods. This wouldn’t fly with NYC tax authorities.   Apple’s App Store is NOT a “marketplace” from a legal perspective A recent legal ruling found that Apple’s App Store is NOT a “marketplace” but effectively Apple was using it as a retailer.   “Markup” or “commission” is the same thing according to the court. If a company acts as a retailer, it will be treated as a retailer.  Selling direct to consumer Sales tax for Shopify or similar stores DOES become an issue for you. Because you're selling direct you to the consumer,  you don’t have The marketplace agreement with Amazon kicking in.  The only defence against sales tax for Shopify business owners then is “it’s too burdensome”.  Eg 200 items sold in South Dakota - $20 about $4000 sales per state x 40 states - maybe $180,000 sales totally.  
If you’re doing $100K in South Dakota, it might be fairer - but you’re probably doing some pretty big numbers anyway if you manage to achieve that.   Example: If you’re doing $50,000 sales total in Shopify 20% of states probably make up 80% of sales Probably: CA, FL, TX, NY, MA.  So most of your sales tax liability from your Shopify store can probably be dealt with in a few states.  If it costs you more to register than you have to pay, you may well be able to use the “burdensome” defence.  Jeff Schick is a multi-million dollar seller AND a lawyer shared his Taxjar bill for filing in Washington state. Washington (State) has another tax “business and occupation tax” - is a small % tax that you pay not the consumer.  He owed the state $30 but his Taxjar bill was $500.  If you take a position under the constitution that it’s burdensome, you’re not breaking the law.   200 unit test States are starting to get rid of this test.  Many tax law specialists find it absurd.  It’s problematic when states are unclear whether Amazon sales count towards overall sales thresholds.  Eg $200K Amazon sales in a state plus $500 of your own bills.  You can fight a state or pay a bill IF you get a bill. Plus penalty and interest. Say $100.  Paul’s very general position on this is that you may be better off waiting to actually get a bill before you worry about paying it or registering.  Is this tax evasion to not pay sales tax for shopify slales? In 2016, a state passed a law saying they should pay sales taxes. Wayfair took a position they weren’t going to pay it.  They lost - but, importantly,  it wasn’t tax evasion, because they had a legal defence.  Anything which happens at the Supreme Court is normally a constitutional issue and thus a legally defensible position.  States passing laws that affect interstate commerce are basically unconstitutional. The laws have to be reasonable. Normally the companies who take these positions are huge companies.  When a Shopify seller can click one button and comply with all laws, there’s no reasonable defence. But that’s not the case at the moment. [In other words, for a small business to have to comply with expensive and difficult tax process is “burdensome”]. SIDENOTE: “Small business” defined  (relevance: “Too Burdensome” defence against sales tax) US Definitions of a “Small Business”  The US doesn’t have a clear federal definition of “small businesses”. The Small Business Administration (SBA) does define them, but by industry. In the retail trade,

Sales tax and Shopify/ non Amazon e-commerce with Paul Rafelson What about sales tax for Shopify or other e-commerce business owners? The Amazon marketplace vs. Shopify Sales tax for Shopify business owners (or any similar system) is a different situation to that for sellers on marketplaces. Amazon tries to play both sides of the fence with - they want to avoid bad things like sales tax by saying “sold by Joe Seller”,  but they want to keep the customer relationship and branding. Otherwise, you could claim your shop in New York City, for example, is “just a marketplace” for Chinese goods. This wouldn't fly with NYC tax authorities. Apple's App Store is NOT a “marketplace” from a legal perspective A recent legal ruling found that Apple's App Store is NOT a “marketplace” but effectively Apple was using it as a retailer. “Markup” or “commission” is the same thing according to the court. If a company acts as a retailer, it will be treated as a retailer.  Selling direct to consumer Sales tax for Shopify or similar stores DOES become an issue for you. Because you're selling direct you to the consumer,  you don't have The marketplace agreement with Amazon kicking in. The only defence against sales tax for Shopify business owners then is “it's too burdensome”. Eg 200 items sold in South Dakota - $20 about $4000 sales per state x 40 states - maybe $180,000 sales totally. If you're doing $100K in South Dakota, it might be fairer - but you're probably doing some pretty big numbers anyway if you manage to achieve that. Example: If you're doing $50,000 sales total in Shopify 20% of states probably make up 80% of sales Probably: CA, FL, TX, NY, MA. So most of your sales tax liability from your Shopify store can probably be dealt with in a few states. If it costs you more to register than you have to pay, you may well be able to use the “burdensome” defence.  Jeff Schick is a multi-million dollar seller AND a lawyer shared his Taxjar bill for filing in Washington state. Washington (State) has another tax “business and occupation tax” - is a small % tax that you pay not the consumer.  He owed the state $30 but his Taxjar bill was $500. If you take a position under the constitution that it's burdensome, you're not breaking the law. 200 unit test States are starting to get rid of this test.  Many tax law specialists find it absurd. It's problematic when states are unclear whether Amazon sales count towards overall sales thresholds. Eg $200K Amazon sales in a state plus $500 of your own bills. You can fight a state or pay a bill IF you get a bill. Plus penalty and interest. Say $100. Paul's very general position on this is that you may be better off waiting to actually get a bill before you worry about paying it or registering.  Is this tax evasion to not pay sales tax for shopify slales? In 2016, a state passed a law saying they should pay sales taxes. Wayfair took a position they weren't going to pay it.  They lost - but, importantly,  it wasn't tax evasion, because they had a legal defence.  Anything which happens at the Supreme Court is normally a constitutional issue and thus a legally defensible position. States passing laws that affect interstate commerce are basically unconstitutional. The laws have to be reasonable. Normally the companies who take these positions are huge companies.  When a Shopify seller can click one button and comply with all laws, there's no reasonable defence. But that's not the case at the moment. [In other words, for a small business to have to comply with expensive and difficult tax process is “burdensome”]. SIDENOTE: “Small business” defined (relevance: “Too Burdensome” defence against sales tax) US Definitions of a “Small Business” The US doesn't have a clear federal definition of “small businesses”. The Small Business Administration (SBA) does define them, but by industry. In the retail trade,

Tax Nexus with Paul Rafelson What is “Tax nexus”? And is this relevant? Tax Nexus is a question of whether a government has jurisdiction over you, ie, can they make you do things? Eg The State of Alabama has little jurisdiction over you if you live in UK. If you engage in certain activities, you may get “nexus”. Does Tax nexus matter? It depends! States that don't have “marketplace facilitator laws” including Maine, Vermont, Louisiana, Mississippi, Florida might chase up individual Amazon sellers, or their companies. There are 2 types of Tax Nexus “Tax Nexus under existing laws” In order to have tax nexus - pre wayfarer law required physical presence. Tax Nexus under “due process” This might happen, for example, if the business is not present in the state, but is availing itself of that state's jurisdiction, and is attempting to capture the Alabama market (as distinct from US market) If you don't have due process nexus, tax nexus should not even come into play! Eg your company didn't put a product in Alabama - Amazon put it there. You didn't put it there for a strategic reason eg to get into the Alabama state. This removes the due process nexus! Tax Nexus Case 2011 J Macintyre  J Macintyre had consigned inventory in a state (NJ). The supreme court found that wasn't enough to create tax nexus. Company inventory was placed there by another company. It was put into the “stream of commerce”. Wayfair decision - what was it, what did it mean for Amazon sellers? This was a landmark case of summer 2018. The upshot was that Physical presence was no longer a requirement for sales tax.  Physical presence was a “bright line” law 1992-2018. There was a previous history. The wayfarer decision said: In today's economy,  we are no longer going to require physical presence. However...There is a 4-part test to see if a state has the right to tax a company: Complete nexus Fairly divided Not overly burdensome (shouldn't favour one state over another) Rationally related to services and benefits you receive from the state. Wayfair only gets to ONE of the 4 tests. Wayfair is also a massive company - which is why when the company claimed it was an “undue burden”, the court didn't believe them! However, this was a case about a big company. The court was clear that if there will be a physical nexus case, the jury is still out. Its decision does NOT mean that small businesses don't have the right to challenge it as overly burdensome. Undue burden defence The court did say “in dicto” (i.e., it's not setting a precedent) - the way it's going: the states are going to have to make it easy for small businesses to comply with the law. A small business can bring a case and challenge the law; however, IF there is software out there that makes tax compliance easy,  then it's unlikely that small business can overcome it (eg the streamlined business software). However, it's unlikely to be solved soon! The question is: How do you find a company that can do the 50 states compliance for a small business? The big 4 KPMG, Deloitte, EY, PWG - too expensive! A local accountant cannot do this! Does tax nexus matter? No! If you just sell on Amazon, Amazon will collect most of the tax. Summary for US Amazon sellers Why would now be the time to get registered for sales tax? In a few months, it won't be your responsibility in the majority of states because Amazon will not Yes, the government can try to make you miserable - California has been trying for years! But that's not a good enough reason to register. What about back taxes? If in theory, you are already on the hook for 5 years' worth of sales tax, why start now? If you're already liable for 10X life savings, why change now? If you register now for sales tax and give in to the government, they're not offering great deals. you still need to pay it or fight it.

Tax Nexus with Paul Rafelson What is “Tax nexus”? And is this relevant? Tax Nexus is a question of whether a government has jurisdiction over you, ie, can they make you do things? Eg The State of Alabama has little jurisdiction over you if you live in UK.  If you engage in certain activities, you may get “nexus”. Does Tax nexus matter? It depends! States that don’t have “marketplace facilitator laws” including Maine, Vermont, Louisiana, Mississippi, Florida might chase up individual Amazon sellers, or their companies. There are 2 types of Tax Nexus “Tax Nexus under existing laws” In order to have tax nexus - pre wayfarer law required physical presence.  Tax Nexus under “due process” This might happen, for example, if the business is not present in the state, but is availing itself of that state’s jurisdiction, and is attempting to capture the Alabama market (as distinct from US market) If you don’t have due process nexus, tax nexus should not even come into play! Eg your company didn’t put a product in Alabama - Amazon put it there.  You didn’t put it there for a strategic reason eg to get into the Alabama state.  This removes the due process nexus! Tax Nexus Case 2011 J Macintyre  J Macintyre had consigned inventory in a state (NJ). The supreme court found that wasn’t enough to create tax nexus. Company inventory was placed there by another company. It was put into the “stream of commerce”.    Wayfair decision - what was it, what did it mean for Amazon sellers? This was a landmark case of summer 2018. The upshot was that Physical presence was no longer a requirement for sales tax.  Physical presence was a “bright line” law 1992-2018. There was a previous history.  The wayfarer decision said: In today’s economy,  we are no longer going to require physical presence. However...There is a 4-part test to see if a state has the right to tax a company: Complete nexus Fairly divided Not overly burdensome (shouldn’t favour one state over another) Rationally related to services and benefits you receive from the state.  Wayfair only gets to ONE of the 4 tests.  Wayfair is also a massive company - which is why when the company claimed it was an “undue burden”, the court didn’t believe them!  However, this was a case about a big company.  The court was clear that if there will be a physical nexus case, the jury is still out.  Its decision does NOT mean that small businesses don’t have the right to challenge it as overly burdensome.  Undue burden defence The court did say “in dicto” (i.e., it’s not setting a precedent) - the way it’s going: the states are going to have to make it easy for small businesses to comply with the law.  A small business can bring a case and challenge the law; however, IF there is software out there that makes tax compliance easy,  then it’s unlikely that small business can overcome it (eg the streamlined business software). However, it’s unlikely to be solved soon!  The question is: How do you find a company that can do the 50 states compliance for a small business?  The big 4 KPMG, Deloitte, EY, PWG - too expensive!  A local accountant cannot do this! Does tax nexus matter? No! If you just sell on Amazon, Amazon will collect most of the tax.  Summary for US Amazon sellers Why would now be the time to get registered for sales tax? In a few months, it won’t be your responsibility in the majority of states because Amazon will not  Yes, the government can try to make you miserable - California has been trying for years! But that’s not a good enough reason to register.  What about back taxes? If in theory, you are already on the hook for 5 years’ worth of sales tax, why start now? If you’re already liable for 10X life savings, why change now? If you register now for sales tax and give in to the government, they’re not offering great deals.

Sales tax law with Paul Rafelson of eCommerce Attorneys part 1 What is happening with Sales tax law - simple summary? It’s been a developing issue of last few years. Sales tax law has been a driving issue of life being difficult for e-commerce sellers in the USA.  However, things are looking up for Amazon sellers. A few years ago, some sellers were told to register and collect sales tax in every state. That isn’t really easy to do.  Over the last year, most of the important states (for e-commerce sales) have moved to the “Marketplace collection model” regarding sales tax law. This fundamental change in sales tax law means that they are making the marketplaces - including Amazon -  responsible for collecting sales tax.   Paul has said all along this is the requirement!   By October, just about “every state you care about” (see list later) will change their sales tax law to require Amazon to be the tax collector.  Why have so many lawyers or accountants been telling sellers to register for and collect sales tax? Money! It’s lucrative - it makes more customers.  Even for a sales tax law expert and a lawyer who represents sellers, Paul could have jumped on the bandwagon, eg fighting back tax liability. But he felt it was wrong.  People Paul respects in the space have however NOT been telling sellers to register.  Paul’s background He was a tax litigator for 15 years. In house counsel for Microsoft, Walmart, GE.  Fought most states except Hawaii! Teaches a course in constitutional law in NY.  Used to be an Amazon seller and wife used to work for seller performance and have drinks with them.  So he understands Amazon sellers.  Why Paul co-created ecomattorneys.com Most lawyers who deserve the respect of Amazon and e-commerce sellers are normally the ones who sellers couldn’t afford.  So Paul decided to make himself a lawyer for Amazon sellers. Tax is the main starting point, especially sales tax law.  He was partly motivated by bad information out there about tax and tax law, especially sales tax law. If you get on enough podcasts, you get credible even if you don’t have the CV/resume.  Look in Youtube for podcasts, Youtube - Paul has been pretty anti sellers registering for sales tax, even when states were offering back tax amnesty.  Isn’t it just the safest thing to comply with sales tax law? The first issue is that it’s not affordable. Paul works with companies that do $100 M off Amazon - even $10 M - they DO have to register.  But if you’re doing $2-4 M on Amazon, the hassle and time needed is a lot and probably just not affordable.  The hidden issue with sales tax: other tax liabilities If you register with software companies - they are sales tax specialists; but there is more to it than sales tax.  There’s income tax, corporation tax etc.. So you can often put yourself in more danger based on the other taxes other than sales tax.  The law is - you’re not a retailer when you sell via Amazon! If you’re doing things like Amazon does - Amazon is effectively acting as a retailer so it should legally be treated as one.   That’s what California law says. It’s not what the state of California does - and many of the states have been influenced by Amazon and pushed down this road. But that tide is now turning.  Moot Point It’s also now a moot point.  Amazon is now to become a sales tax collector by end of year in the majority of important states.  The only major state (in terms of e-commerce revenue) that won’t do it this year is Florida - the Republicans thought it was a tax increase (it wasn’t, according to Paul, because it’s just changing the method of collection).  However even Florida, in theory, does hold Amazon responsible for sales tax collection. [It just isn’t really implementing it yet - Michael].  Constitutional law Sales tax law splits broadly into the state and federal level. Constitutional law over-rides what the states say - you can’t make ...

Sales tax law with Paul Rafelson of eCommerce Attorneys part 1 What is happening with Sales tax law - simple summary? It's been a developing issue of last few years. Sales tax law has been a driving issue of life being difficult for e-commerce sellers in the USA. However, things are looking up for Amazon sellers. A few years ago, some sellers were told to register and collect sales tax in every state. That isn't really easy to do. Over the last year, most of the important states (for e-commerce sales) have moved to the “Marketplace collection model” regarding sales tax law. This fundamental change in sales tax law means that they are making the marketplaces - including Amazon -  responsible for collecting sales tax. Paul has said all along this is the requirement! By October, just about “every state you care about” (see list later) will change their sales tax law to require Amazon to be the tax collector. Why have so many lawyers or accountants been telling sellers to register for and collect sales tax? Money! It's lucrative - it makes more customers. Even for a sales tax law expert and a lawyer who represents sellers, Paul could have jumped on the bandwagon, eg fighting back tax liability. But he felt it was wrong. People Paul respects in the space have however NOT been telling sellers to register. Paul's background He was a tax litigator for 15 years. In house counsel for Microsoft, Walmart, GE. Fought most states except Hawaii! Teaches a course in constitutional law in NY. Used to be an Amazon seller and wife used to work for seller performance and have drinks with them.  So he understands Amazon sellers. Why Paul co-created ecomattorneys.com Most lawyers who deserve the respect of Amazon and e-commerce sellers are normally the ones who sellers couldn't afford. So Paul decided to make himself a lawyer for Amazon sellers. Tax is the main starting point, especially sales tax law. He was partly motivated by bad information out there about tax and tax law, especially sales tax law. If you get on enough podcasts, you get credible even if you don't have the CV/resume. Look in Youtube for podcasts, Youtube - Paul has been pretty anti sellers registering for sales tax, even when states were offering back tax amnesty. Isn't it just the safest thing to comply with sales tax law? The first issue is that it's not affordable. Paul works with companies that do $100 M off Amazon - even $10 M - they DO have to register. But if you're doing $2-4 M on Amazon, the hassle and time needed is a lot and probably just not affordable. The hidden issue with sales tax: other tax liabilities If you register with software companies - they are sales tax specialists; but there is more to it than sales tax. There's income tax, corporation tax etc.. So you can often put yourself in more danger based on the other taxes other than sales tax. The law is - you're not a retailer when you sell via Amazon! If you're doing things like Amazon does - Amazon is effectively acting as a retailer so it should legally be treated as one. That's what California law says. It's not what the state of California does - and many of the states have been influenced by Amazon and pushed down this road. But that tide is now turning. Moot Point It's also now a moot point.  Amazon is now to become a sales tax collector by end of year in the majority of important states. The only major state (in terms of e-commerce revenue) that won't do it this year is Florida - the Republicans thought it was a tax increase (it wasn't, according to Paul, because it's just changing the method of collection). However even Florida, in theory, does hold Amazon responsible for sales tax collection. [It just isn't really implementing it yet - Michael]. Constitutional law Sales tax law splits broadly into the state and federal level. Constitutional law over-rides what the states say - you can't make a small seller shoulder the...

Paul Rafelson walks us through the use of the DMCA and how you can use it to get a response from Amazon. Of course, this is not to be abused but is a great tool to have in your box when dealing with copyright issues and hijackers on your listings.

How to Launch on Amazon USA for UK Amazon sellers "I am planning to launch my product on Amazon.com in the coming months, in connection with this I have a few queries…" Answers by Ashley Pearce (10K Collective mastermind member and $1 million per year Amazon sellers) and Michael Veazey, host of Amazing FBA podcast. 1. Is there a sales tax levied once turnover reaches a certain level etc on sales made on Amazon.com?, I have read this is charged on a state by state basis, therefore I assume Amazon calculates this for sellers (who use FBA) and sends an invoice each month?  Ashley Answer: oh by gosh no. Mixed answers on how to deal with this one. Be prepared to accept you're going to take on some level of financial liability and account for it. Listen out also to Michael Veazey's new podcast - the 10k collective podcast, he's got some guests coming up who give you the 411 Michael Veazey  You're lucky Dan to be getting a nice long reply from a 7-figure Amazon seller who is also a very sharp cookie...so I have a few things to add For what it's worth:  Sales tax is an enormously disputed area right now. It is nothing like as simple as your Q implies, I'm afraid.  However, We do indeed have new 10K Collective podcast episodes coming out on this topic, starting on 30 July with Paul Rafelson (who was in house counsel on tax for Microsoft and GE among others, ie a VERY big hitter in tax law in America).  Paul's view is very clear CAVEAT: I am clearly not a lawyer and this can only be the most general advice. It is not a substitute for individual legal advice.  Broadly speaking: do not register for sales tax as an individual seller or as a small business. Period. Amazon is already being required to collect and remit sales tax by some states (eg NY) and is going to be made to do so by other major states by the autumn of 2019 (eg CA). To get the detail, listen to the upcoming podcast and/or read the show notes:  10kcollective.com. US Prep centres for Amazon sellers 2. Can anyone recommend any US based prep centres who can receive my shipments and forward onto Amazon? Is there certain states which are more favourable to choose for a prep centre to be located in? Ashley Are you looking for a prep centre or a forwarder? I send direct from China, through a US provider who then just forwards to Amazon directly - Flexport. They also have a great onboarding process which will help you make sure you get reasonable warehouse locations for your deliveries by playing a sensible game when setting up shipments. Saving you $thousands Michael Flexport is indeed wonderful but they generally deal in serious volumes ie several pallets up to containers.  If you're looking to send say 20-25 cartons (so not yet at the palletized level), you might be looking for something as simple as FBA Inspection. I've used them several times and they generally know their business. Not absolutely perfect (eg they have a facility quite a distance from LAX airport/Port of LA) but at least it's near to the main port that most goods from China come into - either by air or sea. Just google them. EZPrep is also similar - possibly a bit pricier but maybe better located relative to LAX/Port of LA.  I've not used them personally, but have heard from seller friends that they are good.  Launching on Amazon.com 3. Has anyone recently launched a product on Amazon.com and would be willing to share their launch method (e.g. for generating the 1st few reviews, what launch service (if any) they used etc? Ashley Early reviewer programme Use the built-in “Amazon giveaways” function - direct people to a YouTube video - just needs to be a slideshow of your product and its features and benefits, no longer than 45-60 seconds. Can make one in Canva or another free slideshow maker. Be prepared to go low on price Use Amazon coupons Hit up your email list Use organic traffic (this is my team's bag at futurestatemedia.com)

Big, big, big show today with Paul Rafelson. Quote: “AB 1790 Overwhelmingly passed the Senate Judiciary Committee today. OMG was the lead party to testify on the matter. For those who aren't familiar with this bill, it is the first of its kind seller protection law, designed to give sellers rights when dealing with Amazon” Powerful stuff!

Guys, Tax question from a foreigner I've got LLC registered in Dеlaware and I've talked to CPA, EA, and one consultant. CPA told me I shouldn't file 5472, EA told me I should. CPA and consultant told me file 1040NR, EA told me I shouldn't. I've paid 250$ commission to the consultant but I started to doubt his knowledge. Who should I listen to? Should I fill 5472? Should I fill 1040NR? How do you deal with your taxes? Thank you This is an excellent question. I've JUST interviewed Paul Rafelson, an expert tax lawyer., We've got an episode coming out soon on the new podcast (10K Collective Podcast). The episode is due to go live in about late July. But if you'd like early access, email me and we may be able to sort it out. Obviously to answer a Q like that properly implies knowing multiple things, most important being: Are you selling only on Amazon? (What level of revenue? is also important but a broader Q) Have you already registered for sales tax? It's hard to give advice without specifics but the simple summary of Paul's advice around sales tax was: DON'T REGISTER FOR ANYTHING if you're only selling on Amazon. I'm not a tax lawyer or any kind of lawyer and there are many who would disagree. I'm just passing on what I understood from the interview. Get in touch and I can put you in touch with Paul if you want to explore further. michael@amazingfba.com I have no affiliate deal and no strong opinion either way as I'm not claiming sales tax expertise. Handling the Big Three threats to Amazon sellers: Trump Tariffs, Sales Taxes and Brexit It is tempting to lump together the three big threats that e-commerce sellers are aware of, at least the ones that I speak to in the UK. However, it's interesting that whilst they have similarly far-reaching and scary consequences, the nature of each one of them is I believe entirely different. I think they are worth comparing and contrasting. Trump Tariffs Having been speculative for a long time, and with a lot of uncertainty around them, now at the time of recording that is on the 23rd of June 2019, it seems that Trump import tariffs of 25% are present on many many products being imported from China. So in a sense, this is a very simple thing to deal with: you just need to check whether your products are liable, and if they are, unfortunately, for now, you simply pay the tariff. Of course speculating about whether or not the tariffs are here to stay, and if so for how long is very difficult. Also, it is difficult to judge whether the further $300 billion worth of products will be taxed as Trump has threatened, and again if that does happen, how long that will last or whether it will be repealed quickly. However, the current situation is at least know. Brexit Brexit it is a strange opposite in that it has been quasi decided at least by referendum – I am aware that in British politics this is not simple, but I'm simplifying –but no action has happened. Again trying to predict the future and see when Britain might leave, whether it won't be hard bricks it, some kind of agreed X it or indeed whether Britain and staying in the EU, is a very speculative thing again. However, the risks to Amazon importers from China are much clearer and I believe that the mitigation strategy is pretty straightforward. If you sell intercontinental Europe and the import from China into the UK, the obvious risk is that you will not easily get good out of the UK into Europe. And I believe the solution is pretty simple: create a subsidiary company which under EU law you currently can do in the relevant country in Europe where you get the majority of your sales, probably best to do it in Germany, but to be honest you should be up to import into anywhere in the European Union without a big problem at the moment. And then simply have that supply chain ready to go to Europe if it proves necessary. Of course, if you had to implement this it would cost a lot of money and be ...

The notion of having to pay sales tax across the United States in each individual state has sent many sellers in an uproar. Many states have begun passing or attempting to pass legislation in tax reform to acclimate to e-commerce sales, and these new “Nexus” rules are making many of sellers nervous about being audited or penalized by state governments. Paul Rafelson of the Online Merchants Guild is an attorney well-versed in state tax law and has joined in the fight to protect sellers from predatory tax tactics by local and state governments. States demanding tax money from Amazon sellers has become a hot-button issue, and Paul offers great insight into the nitty-gritty of the problem and how sellers can navigate this changing tax landscape. In episode 16 of the Serious Sellers Podcast, Helium 10’s Success Manager Bradley Sutton and Paul Rafelson discuss: 00:46 - Paul’s Expertise in Taxes and Being a Seller on Amazon 01:52 - Misconceptions About Taxes 02:51 - What is Nexus in Relation to Taxes? 06:18 - Paying State Taxes as an Amazon Seller 08:26 - Collecting Sales Tax Outside Your Home State 12:02 - Does Amazon Collect State Taxes on Behalf of Sellers? 12:37 - Problems with the Tax Burden on Sellers From the States 15:45 - What Can Sellers Do Right Now to Avoid Tax Complications? 18:04 - Lessons Learned in Amazon Taxes 19:41 - What Irks Paul the Most About Taxing Amazon Sellers Today 22:55 - How to Contact Paul About Taxes on Amazon Enjoy this episode? Be sure to check out our previous episodes for even more content to propel you to Amazon FBA Seller success! And don’t forget to “Like” our Facebook page and subscribe to the podcast on iTunes, Google Play or wherever you listen to our podcast. Want to absolutely start crushing it on Amazon? Here are few carefully curated resources to get you started: Freedom Ticket: Taught by Amazon thought leader Kevin King, get A-Z Amazon strategies and techniques for establishing and solidifying your business.Ultimate Resource Guide: Discover the best tools and services to help you dominate on Amazon.Helium 10: 20+ software tools to boost your entire sales pipeline from product research to customer communication and Amazon refund automation. Make running a successful Amazon business easier with better data and insights. See what our customers have to say.Helium 10 Chrome Extension: Verify your Amazon product idea and validate how lucrative it can be with over a dozen data metrics and profitability estimation. SellerTradmarks.com: Trademarks are vital for protecting your Amazon brand from hijackers, and sellertrademarks.com provides a streamlined process for helping you get one. Transcript Bradley Sutton: What does Sales Tax Nexus mean? What about that letter I got from California saying I owe them state tax? We're going to answer these questions and more all about taxes and Amazon in today's episode. Bradley Sutton: How's it going, everybody? This is Bradley Sutton, and this is the Serious Sellers Podcast. We have an amazing episode for you today because this is a topic that is freaking out Amazon sellers around the United States, around the world, anybody who's selling in America is freaking out about this topic. It is the t-word: taxes. So with me today, I have Paul from the Online Merchants Guild. Now Paul, first of all, why the heck should we care about your opinion or who the heck are you and why should we listen to you about taxes? Paul Rafelson: That's a good question. Yeah. So, I have a lot of experience. I used to work at H&R Block, and then I decided I was gonna help a bunch of sellers. I thought that was good. So, I'm just getting started. I've been practicing tax law for almost 10 years. And just to give a little background, before I went into law, I actually was a seller. I was a pre-FBA seller. So we're talking, you know, '02, '03, '04, I started retail arbitrage one Black Friday and realized that I can get wrapped in.

In this episode of we bring in sales tax expert, Paul Rafelson, to discuss Amazon sales tax and how it impacts us as Amazon sellers.  We go over the changes that have been occurring in different states through the marketplace, along with the automatic collection of Amazon sales tax. 

(3/3) Paul Rafelson returns to drop an explosive 3 part interview on the muddy waters of Sales Tax. We talk about underhand tactics and how politics and money drive the agenda.   Need help with your Amazon Business? GO HERE 

In this episode of we bring in sales tax expert, Paul Rafelson, to discuss Amazon sales tax and how it impacts us as Amazon sellers.  We go over the changes that have been occurring in different states through the marketplace, along with the automatic collection of Amazon sales tax. 

(2/3) Paul Rafelson returns to drop an explosive 3 part interview on the muddy waters of Sales Tax. We talk about underhand tactics and how politics and money drive the agenda.   Need help with your Amazon Business? GO HERE 

(1/3) Paul Rafelson returns to drop an explosive 3 part interview on the muddy waters of Sales Tax. We talk about underhand tactics and how politics and money drive the agenda.   Need help with your Amazon Business? GO HERE 

If you're that person who listens to one podcast a year, this is definitely the episode you should listen to. Together with me are Bernie Thompson and Paul Rafelson, members of the Online Merchants Guild (OMG), a non-profit organization that is working to change the law governing online sales tax collection. This podcast episode focuses on the aftermath of the South Dakota vs Wayfair case and how it has invariably created the so-called economic nexus. This essentially means that the state can now require online sellers to collect state sales tax for online purchases, even if the seller doesn't have a physical presence (e.g. an office or a warehouse) in that state. In South Dakota, the economic nexus threshold has been placed at 200 online purchases or $100k in revenue. Undue Burden We believe, that while the ruling can affect all online retailers, it will hit small ecommerce businesses the hardest. This is why we are campaigning to raise funds so we can fight this thing in court. Our plan is to sue all state tax commissioners and seek a declaratory judgment on this issue that will relieve small ecommerce businesses of this undue burden. We plan to steer the conversation towards viable alternatives, specifically compelling marketplaces like Amazon to collect online state sales tax for online purchases on behalf of third-party sellers.   Help us fight this cause and move the needle towards creating a more sustainable industry for everyone selling online. Please sign up using the link below. https://onlinemerchantsguild.org/choose-your-level-of-support/ Hopefully, together we can make some real progress on this issue. Other Useful Resources: MyEcomcrew 7 Figure Seller Summit Episode 136: Online Merchants Guild Thanks for listening to this episode! If you enjoyed listening and think this episode has been useful to you, please take a moment to leave us a review on iTunes. If you have any questions or comments, feel free to leave them below. Happy selling!

As business owners, we should know how to protect our assets to the best of our interests. In this episode, Paul Rafelson, a tax attorney and executive director of Online Merchants Guild talk about the legal aspects in running and keeping E-commerce businesses afloat. Here are more key points in today’s episode: How the modern economy has outpaced the government and state laws Expert insights about taxation and E-commerce laws The revolutionary way Amazon created a portal to the global economy where sellers can compete against giant big-box retailers And how you can join the fight against ignorance in today’s online marketplace and keep the window of opportunity open for everybody to succeed. So subscribe to the Awesomers podcast and learn the nitty gritty of the legal aspects in running your own E-commerce business. Welcome to the Awesomers.com podcast. If you love to learn and if you're motivated to expand your mind and heck if you desire to break through those traditional paradigms and find your own version of success, you are in the right place. Awesomers around the world are on a journey to improve their lives and the lives of those around them. We believe in paying it forward and we fundamentally try to live up to the great Zig Ziglar quote where he said, "You can have everything in your life you want if you help enough other people get what they want." It doesn't matter where you came from. It only matters where you're going. My name is Steve Simonson and I hope that you will join me on this Awesomer journey. ADVERTISEMENT If you're launching a new product manufactured in China, you will need professional high-resolution Amazon ready photographs. Because Symo Global has a team of professionals in China, you will oftentimes receive your listing photographs before your product even leaves the country. This streamlined process will save you the time money and energy needed to concentrate on marketing and other creative content strategies before your item is in stock and ready for sale. Visit Symo Global to learn more. Because a picture should be worth one thousand keywords. You're listening to the Awesomers podcast. You are listening to Awesomers Podcast. Steve: This is Episode Three of the Awesomers Podcast, you can find show details and show notes by going to awesomers.com/3, again, that is awesomers.com/3 to find the appropriate show links, notes and details that we discussed throughout the program. Today, our special guest is Paul Rafelson, who is a tax attorney representing online merchants, and tax, and other business matters. Prior to advising online merchants, Paul spent over 12 years defending Fortune 100 companies in complex tax litigation matters, spending most of his career as in house counsel for the likes of Microsoft, Walmart and General Electric. Paul is also an adjunct professor at the Pace Law School where he teaches a state tax based constitutional law course, and he is the acting executive director of the new trade association for online merchants called the Online Merchants Guild. In my opinion, the Online Merchants Guild is a great new resource that will help each of us find legal advocacy and legal strategies as well as lobby through the association where we could combine our efforts. This can work really well and I am super excited about it. Don’t forget to subscribe and share this with a friend. It does not hurt to leave a review as well. We appreciate you guys sharing and getting the word out about the Awesomers Podcast. Thank you very much. Welcome back to Awesomers, Steve Simonson coming to you again. We have a very special guest, Paul Rafelson and he is a well-known expert in the field of, not particularly tax, or sales tax, but he has been a legal guy for many many years. Welcome to the show, Paul. Paul: Hey! Thank you so much. I am really glad to be here, thank you for having me.

On the Bright Ideas podcast, host Trent Dyrsmid from BrightIdeas.co shares the story of how he's building his eCommerce business (on Amazon as well as his own site), interviews other successful eCommerce entrepreneurs, and answers questions from his audience. If you are an aspiring entrepreneur looking to build a real business that can one day replace your job and give you the lifestyle of your dreams, eCommerce is an excellent choice and on this podcast, you will learn the exact formula to follow directly from Trent and his guests.

As ecommerce entrepreneurs we are used to doing things on our own, with many of us even starting out as solopreneurs. This isolation, and the ability to control our time as a result, has been very attractive for us for a long time. But more recently this very same disconnectedness can lead to our own ruin. One of the issues that rattle us to the bones is online sales tax. States have been salivating on the billions of dollars they could get from online sales and ecommerce steadily grew. They went after the online platforms we sell our products on, especially Amazon, but Amazon has proven to be a big gorilla to fight especially with their ability to create thousands of jobs as leverage against states. And so some states turned their attention to the ones they can easily intimidate: us individual sellers. Amazon claims ownership of most of everything--customers, listings, even prices--but unsurprisingly sales tax is not one of them. It's up to us to handle sales tax, and everything is so complicated that many of us are not sure what exactly is the right thing to do. Many states even disagree among themselves about sales tax nexus. But still, some sellers have begun receiving letters about this in some states, and it's definitely not a good position to be in. This is one of the reasons Online Merchants Guild was born. This nonprofit was created by ecommerce sellers for ecommerce sellers, with the goal to have as many members as possible so that we can collectively fight against issues that are too big for any one of us to fight. In this episode I talk to Bernie Thompson, an 8-figure seller and member of Online Merchants guild, and Paul Rafelson, a lawyer and law professor working with the likes of GE, Microsoft and Walmart. Below is an overview of what we discussed: How Online Merchants Guild was founded Sales tax nexus and how complicated it is The Wayfair case Constitutional principles violated by states with regards to sales tax Goal for everyone who joins the organization Other goals and member benefits like business insurance, discounted shipping rates, etc Fighting this issue all by ourselves, like what we are used to doing, is costly and ineffective. We need to stand united and we need more support. We can't do this by ourselves. There is strength in numbers. If you want more information about the organization, just head on to its website (it's still a brand-new site that needs fixing here and there) or send us an email at support@ecomcrew.com. We'd love to discuss it with you. Resources mentioned: EcomCrew webinar Online Merchants Guild Amicus Brief Thanks for listening! Until next week, happy selling.