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I have just started selling hemp cbd sourced in the usa and…

I have just started...

I have just started selling hemp cbd sourced in the usa and sold in the usa wich is federally legal there. i am remotely selling from Australia. I want to set up a ptyt ltd and run under this business structure but im not sure if this is the best choice or is this evan possible or should i be using an llc as this has only come to my attention? really confused

Lawyer's Assistant: Can you tell me what state the LLC is registered in?

I dont have an llc ?

Lawyer's Assistant: Has anything been officially filed? If so, what?

No i am in australia

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Answered in 5 hours by:
3/27/2018
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 125,784
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you are selling in the US, then you should have a US Corporate entity, such as an LLC in the US. The LLC in the US can be owned by your LTD in Australia, but the reason you need an LLC or Corporation in the US is that legally you must file taxes for any sales (income/profits) you make within the US.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
i sell on amazon it is fine many seller use a ptyt ltd with the w 8 ben tax exemption. this is not what i was asking my question is regarding the legality of selling hemp cbd under a ptyt ltd . is it possible to ask someone who knows this type of thing or do you have experiance .
Customer reply replied 3 months ago
do you know australian law as well as amaerican/ international trade law . im looking for legal advice

Thank you for your reply.

None of the experts can provide legal advice, which means legal representation, that is forbidden by law I am sorry about that, but we have to abide by the law.

I do NOT know about Australian law in depth, you would need an Australian attorney about that, just like they will not really be able to comment in depth about American law. Two separate things.

It is not illegal to sell CBD/Hemp in the US (THC is what is illegal). Also, if you are selling online from AU, then that is fine as well.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
ok this is fine . but im really confused about selling internationally. do you know if im selling too america within america does sales law stay in america or because im selling as an australian will it be australian . i dont see why it wouldnt be legal as everthing is in america and im selling too americans :)
Customer reply replied 3 months ago
its just that cbd is not legal here in aus

Thank you for your reply.

If the money is made in the US and sold in the US then AU has nothing to really do with it.

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Other than you being an AU company, the product is not coming into AU nor being sold in AU.

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Customer reply replied 3 months ago
yess that is correct whats your thoughts ?

Thank you for your reply.

The thought is that you claim this as foreign income from business, but it does not matter it is from sale of hemp or radio parts or widgets or tomato plants, it is just income from sales in the US and AU has no interest in anything but any tax due on profits of the AU company.

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Customer reply replied 3 months ago
ok awsome that is a big relief because i want to run under an au business so i dont get double taxed. is there anywhere i can look to confirm this that you would reccomend ?

Thank you for your reply.

None of this is specified in any statutes that I am aware of, especially since the whole CBD industry and sales in the US is so brand new.

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Customer reply replied 3 months ago
do you know if it is possible to pay for a lawyer too look into this fully ? if so what type of lawyer ?

Thank you for your reply

You would need an AU attorney to investigate your tax issues. Otherwise, from the US side it is not an issue.

Law Educator, Esq.
Category: Business Law
Satisfied Customers: 125,784
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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Law Educator, Esq. and 87 other Business Law Specialists are ready to help you
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Customer reply replied 3 months ago
ok awsome will do

Thank you.

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