what kickstarter offers is irrelevant.
Incorrect. It's what's most relevant by far.
What happend between the company and customer in kickstarter was a sale
No, it wasn't. What happened between the patron and the company was the patron paying to fund a project.
selling a specific good to an endcustomer is
Which isn't what happens with Kickstarter projects.
how is legally Seen and taxed in both ends depends on the legal status if the seller and the value of the stamps. If it's too close to the donation it ceases to be a donation. Organisations have fallen in this "trap" in the past
You still haven't proven that something that's taxed as income necessarily indicates that the transaction was a retail purchase. Without making that correlation (which you're not able to make) your entire tangent of "but the tax code!" doesn't hold water. If you have to admit that there's an exception, due to other instances of giving money and receiving something for it in return, then your entire argument falls apart.
you are operating und er the assumption that KS created a hitherto unknown type if transaction while the existing rules covered it from day one down to demanding sales taxes on pledged money
See above. The method of taxation does not necessarily indicate the type of transaction that took place. We know this to be true, because (as already noted) there are other types of "money for stuff" transactions that are not taxed as income. Not that that matters, because the taxation on funding does not, unto itself, make the platform a retail outlet.
i do. I am buying the reward specified at my pledge level.
No, you don't. You're not "buying" anything. You're receiving a reward in exchange for having funded something else.
you haven't either. Fund is not a type of legal transaction.
False equivalence. I'm not the one relying on legal jargon to try and make a crowd-funding platform into a retailer.
i told you where its und er us-gaap that defines it and not some Mission&vision statement in a webpage
If 5k people pledged in the level where they receive a copy if your finished product and a limited backer pi, you have sold 5k products and pin as far as the state is concerned.
No, not as far as the state is concerned. The state is only concerned with how much money you've earned and how much of that they get. That doesn't mean that they're classifying the type of outlet where the transaction took place. You can't seem to follow that particular point.
no it doesn't. There are many retailers selling products that are made to order (cars, tailored clothing, customer made furniture)
Yes, it does. You previously admitted that they weren't a retail outlet via saying that they were facilitating employment contracts; that's different from a store that sells products. If you commission something from someone, that person does not become your employee.
depends in the store. My local grocery store not, my local tailor custom-fitting my suit from the cloth wie selected together yes. Both are retailers though
In neither case do they actually work for you, the way you're asserting that the companies that use Kickstarter become employed by the people who fund them.
no but the companies using the Plattform engaga in retailing
No, by definition the companies using the platform do not (and cannot) engage in retailing.
which tgey primarily do by making retail sales of their product to backers
which is a neglible part if any Fund Raider, those are the pledges without any reward attached beyond a honorable mentioning somewhere.
These are classified differently in trade law.
There's so many "Lara Croft, Fund Raider" jokes that I don't know where to begin.
That said, they do this by having individuals fund them, and while they might offer rewards in return for this, no retail sales are taking place. Even if they are entering into a legal contract to provide those rewards at a later date, that's still not the same as a retail sale.
Which is you moving the goalposts, since you were citing the "legal definition of a pre-order" before.
As it is, a "purchase order" is simply a contract regarding a fiscal transaction, and does not classify either party as being a "retailer" per se.
Yet they are changing their existing distribution model by selling their new product directly to end customer instead if ging through their traditional retailers who no longer gain business
Except that they're not "selling" anything, since no sales are taking place. Likewise, this does not change the existing distribution model since by the time rewards are delivered it is no longer possible to acquire anything from Kickstarter anyway. So by the time stores would receive those products (if they ever were), Kickstarter is self-evidently not an alternative venue.
