No, it wasn't. What happened between the patron and the company was the patron paying to fund a project.
no, the patron bought the goods offered at the relevant pledged level.
Which isn't what happens with Kickstarter projects.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.
no it validates my Argument. If your transaction of money for good is mit taxed as a sale it's not a sale. If your transaction if money for good is taxed as a sale it's a sale. KS pledged are taxed as sale.
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
no that is how it works as a prove since it differentiates the sales from the other kind of transactions.
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No, you don't. You're not "buying" anything. You're receiving a reward in exchange for having funded something else.
. If you commission something from someone, that person does not become your employee.
from contract law point of view he does. You seem to be confusing different levels of employment.
As a contractor you do work for me for the contracted project despite out relationship being different from a full time employee whith whom i have a different set if rights and obligations
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.
they are required to use the money to provide the people with the agreed upon goods
There's so many "Lara Croft, Fund Raider" jokes that I don't know where to begin.
D
try typing on a 4" screen against an autocorrect set to non-english and see what comes out for you
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.
at this point it is.
Which is you moving the goalposts, since you were citing the "legal definition of a pre-order" before.
a pre order is a purchase order placed for an item not yet created.
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.
now we're getting somewhere. A purchase order means you made a sale, mit a donation, mit a funding but a sale. Whether you're a retailer vor a wholeseller depends if you primarily send to endcustomer or other businesses
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.
they are and it is. If i buy a pledge level from WotC that gives me an FRCS i have bought a FRCS directly from then and not from a store. And stores won't be happy about this change in WotCs distribution model.
