Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I want to start a import/export with package unit of tbacco.

I want to start a...
I want to start a import/export with package unit of tbacco. My seller lived in India and the buyer will be in the USA various states/city. i will be responsible for over seeing the payments from the buyer, products being deliver on time, maintain communications, etc. I want to know the step by step process to get the license(s). Now here are my questions:

1 - Should I use the seller business's name as listed in India or use my own name?
2- Should the buyer/seller open bus. bank acct in US?
Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
5/7/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,439
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I cannot give you the detailed step by step process since there are several different processes and agencies involved in this matter and the details are complex and beyond the scope of this service. I can give you the general guidelines, which for tobacco products can be quite expensive because of tariffs from the federal government and then having to pay the individual state tobacco taxes in each state where you will sell the tobacco (which is why this is not so popular as it is cost prohibitive).

If that is sufficient, as well as answering questions 1 & 2 that you had, please let me know.
Ask Your Own Legal Question
Customer reply replied 4 years ago

No, it is not sufficient to my questions nor did you answer Q 1 & 2. The seller wants an invitation leeter to take to the embassy to visit USA to get and meet his buyers and i will be getting 50% of the business.
Well can you recommed me a lawyer in charlotte, nc to obtain the paperworks to get the license?

I am sorry you misunderstood my first response.

I was explaining to you before I provided anything what we can and cannot provide. I am willing to provide you information, but I was checking if the amount of information I am willing to provide is sufficient for you based on what I explained before I spend my time providing it. I wanted to know if general information on the process plus answering 1&2 for you would be sufficient?
Ask Your Own Legal Question
Customer reply replied 4 years ago

oh ok, well i didnt have enough space to ask you 2 more questions:


i dont know what general information you will provide plus answering Q 1 and 2 will be sufficient for me. I am debating and it is tough choice for $40.00. I am hoping that you can provide more additional general information and not just answer to my questions, so i dont have to come back for a follow up.

I am sorry Debra, I must step away and as a result I must opt out of this question and open it up to other experts to assist you. I do apologize for any inconvenience and delay.
Ask Your Own Legal Question
Customer reply replied 4 years ago

I dont wany any other expert...I want you to handle this case.

Thank you for your confidence in me.

In order to import tobacco products into the U.S. you must first obtain from the Alcohol and Tobacco Tax and Trade Bureau (TTB) a basic importer permit for tobacco products. The basic importer permit for tobacco or tobacco products enables you to import tobacco products for storage and resale to third parties (other than directly to consumers). See: TTB Tobacco Importer License.

 

In addition, the Family Smoking Prevention and Tobacco Control Act of 2009 (TCA) requires importers of tobacco products to comply with the manufacturer provisions under the TCA as if they were manufacturers. Therefore, there are premarket review requirements, reporting requirements, record keeping requirements, registration and tobacco product listing requirements and labeling requirements that apply to tobacco product importers. See: TCA Requirements.

 

 

As part of the importation requirements, the U. S. Customs and Border Protection (Customs) collects the federal excise tax as well as Customs duties and other fees imposed on imported tobacco products. Here are the Excise Taxes. In addition to the excise taxes, you would have to check with each state's department of revenue where you will be selling your product to determine state taxes due for their tobacco taxes.

 

1) If you are going to be operating in the US, unless the seller in India has some type of trademark name that has a ton of goodwill, you should form your own company under your own name as importer of the product. You can form your corporation in Nevada or Wyoming or Delaware on the secretary of state's website for those states since those states have the most favorable corporate laws for formation and no corporate income taxes or low taxes. You can be incorporated in one of those states without actually residing there and still distribute your product where you would like to distribute it in other states.

 

Once you form your corporation, you must get an EIN from the IRS at http://www.irs.gov and you would use that on all tax payments to anyone.

 

Once you have your corporation formed and your EIN then you can open your corporate bank account.

 

2) If you are operating in the US, then your corporation and not the seller's corporation should open the bank account in the US in your corporate name with your corporate EIN and your corporation files federal taxes and pays whatever federal (or state if due) taxes and tobacco taxes etc from that account.

 

 


Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

 

Ask Your Own Legal Question
Customer reply replied 4 years ago
Well I be damn, you just confirmed what the seller said by providing the TTB link and you put a smile on my face. He wants to come to USA to establish n meet with business owners. Can I get a sample letter of invitation for the embassy? I do not know what to say and ont want to use the wrong choice of words.

Btw, I lived in charlotte, nc and you mentioned I can form a corporation in nevada, delaware or wyoming without residing there. Which one will be feasible to me?

Thanks
Thank you for your response.

I here is a Sample Letter of invitation.

Right now, both Nevada and Wyoming are almost no difference. DE is a bit more complicated and requires an attorney in DE for formation. In either NV or WY you can use one of the many services out there to not only form the corporation, but provide a mailing address and forwarding service and registered agent service as well such as with companies like Northwest Registered Agent or WY LLC.
Ask Your Own Legal Question
Customer reply replied 4 years ago

So you are saying a personal invitation letter is better than business letter for him to take into the embassy in India in order to get a visa?

Thank you for your response.

If the purpose of coming to the country is business, then you would use a business letter. The sample letter was provided for you to see the format, but you can change the wording as necessary. The letter you send would have to be tailored to your specific purpose.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,439
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 119,439
119,439 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

119,439 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
We have an LLC in CA but have opened a manufacturing unit in
We have an LLC in CA but have opened a manufacturing unit in FL. Do we need any local permits etc to sell tobacco rollers wholesale in FL? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,439 satisfied customers
The California Secretary of State said that there is a big
The California Secretary of State said that there is a big difference between filing Articles of Organization and forming an LLC in California. Question; Does a LLC have to be completely formed in Cal… read more
socrateaser
socrateaser
1,031 satisfied customers
I want to buy shares in a Delaware S Corporation with one
I want to buy shares in a Delaware S Corporation with one stockholder. We have agreed on the per share price and the number of shares to be purchased. Can this be done with a simple sales contract? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
I own a Sub S corporation "A" My Son owns a Off Shore Exempt
Corporation "A" wishes to sell its Intellectual Property (TradeMark, Copyrights) to Corporation "B"… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
I am a US Citizen. I incorporated a S Corporation. I am
I am a US Citizen. I incorporated a S Corporation. I am planning to borrow money from few friends of mine for a fixed annual rate of interest. I am planning to use that money to invest in the stock ma… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,029 satisfied customers
Would like a copy emailed to me of Illinois law 625 ILCS 5-3
would like a copy emailed to me of Illinois law 625 ILCS 5-3 117 pertaining to flood damage to my car… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Does an S Corporation doing business in NY with both owners
Does an S Corporation doing business in NY with both owners being the only 2 employees, do we need workers comp insurance or a waiver from the DOL.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
If a Massachusetts Corporation files w/ Secretary of State a
If a Massachusetts Corporation files w/ Secretary of State a name change of the corporation, does the newly named corporation ( same Articles of incorporation still in effect - not changed or amended … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
I was employed by an S Corporation as President/CEO. At the
I was employed by an S Corporation as President/CEO. At the time of the recession 2008 I was owed $16,316 incentive compensation as contained in my employment agreement. The bank and the company enter… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
I am in a business partnership with husband. S. Corporation.
I am in a business partnership with husband. S. Corporation. 50% / 50%. It's a Preschool. It is licenses under my name. After 12 years of being sole proprietor we formed S. Corporation It's becoming i… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,051 satisfied customers
I own 50% of an S corporation, and my mother owns 47.5%. My
I own 50% of an S corporation, and my mother owns 47.5%. My problem is that my mother died on 7/29/2014 and I have neglected to make the legal change in ownership. I am up to date on both my personal … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,439 satisfied customers
I have an S corporation and I signed a noncompete clause if
I have an S corporation and I signed a noncompete clause if I sell my part of the corporation does the noncompete clause stay with me or the corporation … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
Husband and wife owned an S corporation stock 80% husband
Husband and wife owned an S corporation stock 80% husband and 20% wife. Husband died on 01/01/2017. Wife apparently inherits her husband stock and receives a step in basis reflecting the FMV of the st… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
S corporation has two stockholders 50% husband and %5o and
S corporation has two stockholders 50% husband and %5o and 50% wife. Husband is terminally ill. Upon his death his stock will go to his wife. Any problem with the S corporation election when that even… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
S corporation has two stockholders 50% husband and %5o and
S corporation has two stockholders 50% husband and %5o and 50% wife. Husband is terminally ill. Upon his death his stock will go to his wife. Any problem with the S corporation election when that even… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,218 satisfied customers
As a share holder and Board member of a S corporation Am I
As a share holder and Board member of a S corporation Am I entitled to know the salary of and other fringes and payouts of the CEO who owns over 50% of the stock. I have asked for This info in the pas… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,218 satisfied customers
I am the Californa base S-Corporation owner. I have a field
Hi, I am the Californa base S-Corporation owner. I have a field technician for school district prevailing wage job. His hourly rate for regular payroll is $16/hr. However, the prevailing wage rate is … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,439 satisfied customers
Can s corporation practice medicine in pa crossover to nj
Can s corporation practice medicine in pa crossover to nj with same federal tax I'd number and state different I'd number… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x