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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 36753
Experience:  Run my own successful business/contract law practice.
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Hi, we are automobile dealer based in republic of yemen, we

Customer Question

Hi, we are automobile dealer based in republic of yemen, we registered with US based auto auctions and buy used/salvaged vehicles online. some of these US auto auctions that we registered with are Copart inc & Insurance auto auctions.. our buyer registration type with these auctions is meant for export only,i.e all vehicles purchased have to be exported outside of the USA. now we have few vehicles whose title state(paper work) has been rejected by the US customs and boarder protection,i.e cannot be exported !
i have tried to have the auctions resell them to other buyers but they advised that since iam registered as an exporter,i will not be able to resell any vehicle in the USA! So now these vehicles cannot be exported nor resold.. i need an answer that would give me a possibility to resolve this issue successfully. i mean if there would be any other possible way to deal on such a situation and have the vehicles either resold or exported. thanks
Submitted: 2 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question.

There is one option that you may want to consider. You might want to open up a subsidiary foreign corporation under your umbrella in the US, and attempt to have that corporation obtain a dealer license. Then the vehicles that do not pass inspection or clear customs can be sold off by the other business entity without penalty, and the funds obtained could still be reinvested back into future purchases. That is not an ideal option, but in this instance it is likely one of the better options available. I would however strongly urge you to obtain a California business attorney to help you file for the corporation and apply for the dealer license as well as ensure both business entities are properly connected under state law.

Good luck.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 36753
Experience: Run my own successful business/contract law practice.
Dimitry K., Esq. and 3 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.
thanks for your answer, please help elaborate more about the subsidiary foreign corporation, i have few more information to know from you;
1. after opening a subsidiary foreign corporation that is connected to our yemen based company,will our further exports going to be filed for US income tax?
2.since my registration type with auctions is an exporter and not dealer, does this mean i will have to register again with all auctions using my dealer license attained by my new subsidiary foreign corporation ?
3.because im living in yemen,can you help get me contact details for the california business attorney? and can this be done without my presence in the USA?
thanks

Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up. I will try my best to respond to your additional concerns.

1. after opening a subsidiary foreign corporation that is connected to our yemen based company,will our further exports going to be filed for US income tax?
No, since the other portion of the entity will purchase the vehicles, not the "dealer" itself.

2.since my registration type with auctions is an exporter and not dealer, does this mean i will have to register again with all auctions using my dealer license attained by my new subsidiary foreign corporation ?
No, since it won't be the dealer who will be conducting the purchases, it will be the exporter.

3.because im living in yemen,can you help get me contact details for the california business attorney? and can this be done without my presence in the USA?
Sure, I would suggest that you consider browsing the listings at www.avvo.com and www.martindale.com. There you can search by fees, location, experience, and expertise--you can also email the attorneys directly and see if they can assist. Your personal presence would not be required once you sign a power of attorney document. My apologies that I cannot provide you with a specific attorney, that would be in violation of site rules.

Good luck and take care.

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