[Aqua Pro Builder]

Quote: Originally Posted by DEEPWATER how about the sponcer do they have to go by these rule or only vendors or members to ,singling out vendor is not right !!! or only the vendor are affected by this ? what is hard for some ,may be easy for other

AGREED on BOTH COUNTS !!!!

setting the standard of "hard to keep" is very HARD

[Aqua Pro Builder]

Quote: Originally Posted by meschaefer I agree that the word knowingly needs to at least be inferred. This is called mens rea, which is latin for "guilty mind". It is a common principal in legal systems derived from english common law, and basicly requires intent to commit the infraction that is accused. There is a difference between a vendor who sells a AEF infested acro knowing that it is infested, and one who sells an AEF infested acro without knowing that it is infested. There is some talk of dispute resolution. I would reccomend that the mods stay away from dispute resolution as it can become a sticky area. Leave all dispute resolution, to the "feed back" function, and expressly state in the vendor rules that being a vendor on this forum is a privlidge that can be revoked at the discretion of the moderators, and that the vendor agreement contain a "forum clause", that requires all disputes between vendors and MR to be handled in a specific venue such as the IFCC. Furthermore, I would require all vendors to hold harmless MR, its moderators and members for negative feedback that is left. You don't want a libel suit, because someone trashed a vendor.

I strongly agree what said above especially the keyword "knowingly" suggested by Chief should be added even though enforcement could be hard.

I also suggest that all venders must carry valid resale license for the benefit of MR. Just like a flea market organizer would make sure all their vendors to present valid resale licenses or else the organizer risk itself of being fined by IRS.

Then if we do agreed that a resale license be added then, Consumer Affairs can be called to investigate such disputes. This way, we will keep our practices at a higher standard both in MR terms, in business terms and in legal terms.

check the nudibar, now you have your own club rules thread wingo
-jhale

	Manhattan Reefs Manhattan Reefs, the best aquarium community on Planet Earth!

[sajane]

Any entity selling tangible property in "continual and/or continuous basis" ending with a transfer of legal tender in NY is a NY VENDOR and requires to obtain a resale certificate, collect sales tax and file all appropriate taxes.

The following practices, either operating at home or not, home grown or purchased, do not free you from your responsibility towards the State and the city.

-You sell items that you have personally grown in your own tank
-You are selling “frag packs”, a collection of small coral pieces that have grown in your tank

In effect, entities practicing above are farmers at home, vendors in the internet and vendors of NY when the transactions occur in NY.

[Tonyscoots84]

Quote: Originally Posted by sajane Any entity selling tangible property in "continual and/or continuous basis" ending with a transfer of legal tender in NY is a NY VENDOR and requires to obtain a resale certificate, collect sales tax and file all appropriate taxes. The following practices, either operating at home or not, home grown or purchased, do not free you from your responsibility towards the State and the city. -You sell items that you have personally grown in your own tank -You are selling “frag packs”, a collection of small coral pieces that have grown in your tank In effect, entities practicing above are farmers at home, vendors in the internet and vendors of NY when the transactions occur in NY.

i dunno about u guys but imma go tax free on the frags that are grown by me and sold by me even though i am not a vendor..... i think some of us are takin this to the next level.. i thought this was a free site were we are all like family not flea market people... but hey i guess its just me... but anyways enjoy the free site and tax free frags.... i think the city has enough tax income... lmfao.

So when is the kickoff for the vendors forum.... or should i say flea market

also stating what wingo said about dealing with consumer affairs what are you kidding me.... as i said before this is a free site and we are a family here... we leave feedback for the vendor depending on how we were treating and how the livestock was from the vendor we bought from. i dont no about the rest of you but (im going to say it again) this is a free site right and (im going to say this again) arent we here..... lmao just ranting a lil bit...

Quote: Originally Posted by Tonyscoots84 i dunno about u guys but imma go tax free on the frags that are grown by me and sold by me even though i am not a vendor..... i think some of us are takin this to the next level.. i thought this was a free site were we are all like family not flea market people... but hey i guess its just me... but anyways enjoy the free site and tax free frags.... i think the city has enough tax income... lmfao. So when is the kickoff for the vendors forum.... or should i say flea market also stating what wingo said about dealing with consumer affairs what are you kidding me.... as i said before this is a free site and we are a family here... we leave feedback for the vendor depending on how we were treating and how the livestock was from the vendor we bought from. i dont no about the rest of you but (im going to say it again) this is a free site right and (im going to say this again) arent we here..... lmao just ranting a lil bit...

Basically tony ,
If youre going to become a Reg Vendor (only) you should have the following and do the foloowing ,,,,,

Have the correct TAX ID .and Pay your taxes selling without it againist the law last time i checked .Having Vendors without the legal paper work is also againist the law It has nothing to with Hobbiest trimming there corals down ,althou it is income ,lol

Another good Idea is have all REG VENDORS have their TAX # shown or give it to the Admis .Like walking into a store ,it must be visible for ppl to see that you are REG VENDOR in NYS and not just a joe shmo without a Legal TAX ID

[Tim]

How about I`m selling frags out of my own personal tank at home do i still have to list them under vendor sales???????

[inkblue]

i aGree witH toNy... beSides, frndships and buSiness rareLy go hand in hand buT what do i know... i juSt liKe to shOp

[Chiefmcfuz]

Display of the tax ID number online is a bad idea. Too much liability if it is used by a person of lower standards. Lets just let it be what it is and enjoy MR ! Vendors forum or not I joined here for the info and to buy stuff and I am enjoying both. If I find a vendor I like to deal with and trust as I have found a couple, I will use that vendor. I can only speak for myself.

	Manhattan Reefs Manhattan Reefs, the best aquarium community on Planet Earth!

[jejton]

Quote: Originally Posted by Tonyscoots84 i dunno about u guys but imma go tax free on the frags that are grown by me and sold by me even though i am not a vendor..... i think some of us are takin this to the next level.. i thought this was a free site were we are all like family not flea market people... but hey i guess its just me... but anyways enjoy the free site and tax free frags.... i think the city has enough tax income... lmfao. So when is the kickoff for the vendors forum.... or should i say flea market

There is an easy way around this. When a vendor states a price, lets say $20, for something, the vendor just states that that includes tax ( for purchasers receiving the goods in NY ). Now the purchaser has nothing to worry about in regards to tax, MR does not have to worry about violating anything ( aiding and abetting tax evasion ? ) and the rest is in the vendor's court. It is then the vendor's decision whether or not to file tax returns, declare sales, etc. It works the same with eBay or any other online vending format if the seller is a bonafide vendor rather than just someone making a one time sale. Its like a garage sale versus a flea market. I know because I used to work the flea markets and street fairs.

	Manhattan Reefs Manhattan Reefs, the best aquarium community on Planet Earth!