thonglife

What's up with 2257 records being listed as - located at "Portland House, Gibraltar"? It seems like all the questionable teen programs flock to this location. I was going to sign-up with a new program, however, seeing that Gibralter address, along with Segpay, makes me think that all is not well..... or LEGAL.

Tat2Jr

What program was that? Want to make sure I stay away.

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Dirty F

Why wouldnt it be legal? American 2257 laws dont apply everywhere.

thonglife

http://fm-megacash.com/

I just ran across it as a new posting on one of the review boards.

thonglife

Shit... I should've broadened my train of thought there. Makes sense now.

SlamDesigns

Yeah, but just because it's legal for them to produce it in their country doesn't mean that it's legal to promote in the U.S.

Dirty Dane

Does it really matter where the custodians are located?

What matters is the documents itself and you can't be 100% sure, unless you have (or seen) the documents, no matter where they are located.

Grapesoda

looks the entire site was shot with on camera flash . . brilliant . .

thonglife

I see.....

VideoContentSource

Thats just the registry address of their company which owns the websites. It's a lawyers office with 1000's of companies registered there. I doubt the docs are really there but I'm sure that they have the docs at hand. Apart from that I doubt that the lawyer would allow anyone to check those docs. Just like programs with their custodian of records in BVI, same thing it's just the lawyers office where 1000's of companies are registered, it's 100% legal and I doubt BVI authorities would allow anyone to check.This is isn't something done to cheat 2257 it's more of a tax benefit / asset protection issue.

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Dirk
Sales Manager

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PuffSex

thats a defficult question but you got your answer

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bobby666

"Suite2"...really a cool adress :-))))

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Jenny S.

The address is a well known address for offshore companies. If government officials see addresses like this they are going to love you right away because they know something is fishy.

I am not an attorney but I asked one about this a long time ago. It works like this: You set up a company offshore (can be done online) and say it's also the custodian. As long as you can't answer the following two questions with "yes" it doesn't help to circumnavigate the 2258 law:

Am I a citizen or legal resident of Gibraltar?
Are my CC Bill checks being paid out in Gibraltar?

If you answer only the last question with "yes" because you set up a bank account there where you bunker your money, the next question would be "are you a tax evader or a money launderer?"

Means, if your ass physically sits in the USA most of the time, and you are a US citizen, and receive your $$ in your home mailbox you better follow US rules.

My advice. Get a good lawyer befor you start shit like this.

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Jenny Seemore
Pornography is the bloody gladiator who stands guard over the First Amendment

OneWhoKnows

If it was that easy... For real, this is probably THE general problem of internet law today, and worldwide a lot of attorneys and other law experts are discussing about this all the time. Which law is applicable for a website, and what are the criterions. People are even writing their diplomas about that topic.

Some say the only thing that matters is where the actual webmaster has his location. Some even say that it matters where the URL and actual space is hosted. A lot of different views on that and afaik there are no binding decisions or court rulings available so far - although I'm not that familiar with US law.

But about what you said - imagine the following situation. We have an offshore company in Gibraltar and this company runs an affiliate program and some XXX websites. There are three webmasters behind this company, one in the US, one in Sweden and one in the Netherlands, all of them working from their homes. The money is wired to an offshore account in Gibraltar and all three take their money from this account.

Now you tell me which "youth protection law" is relevant for those sites. US? Swedish? Dutch? Gibraltar's?

So for everyone who wants a definite answer to this question - I'm sorry, there is none

PS: Of course it can't hurt to follow US rules if your ass ists in the US

Jenny S.

That's exactly right my friend. They might not be able to get a hold of the other 3 dudes but they can throw your ass in jail until they firgured teh legal situtation out. Always remember: the feds have all the time and the money in the world.
Do you?

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Jenny Seemore
Pornography is the bloody gladiator who stands guard over the First Amendment

OneWhoKnows

For real? They can throw your ass in jail in the US till the legal situation is clear??? Wow, I'm really glad that I'm not from the US then, cause over here they have to let me go if there's no accusation within 24 hours

Jenny S.

Don't be a smart allec. I am a legal resident of both, the US and the civilized part of Europe, have an attorney in both places, and run businesses in both places. I don't know where "over here is" for you, but if it's fucking Russia I can tell you that I was there once and it didn't appear to me that people have any rights there.

Doswedanje dowajesch!

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Jenny Seemore
Pornography is the bloody gladiator who stands guard over the First Amendment

OneWhoKnows

Hehe, sorry Jenny if I was trying to be a smartass, just couldn't refuse to

And no, it's not Russia - it's the "civilized part of Europe" aswell

squishypimp

it does look like some questionable content...

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Jenny S.

No problem!

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Jenny Seemore
Pornography is the bloody gladiator who stands guard over the First Amendment

Webby

There is nothing "illegal" in having a corp in Gibraltar and also nothing wrong with a sponsor based there and offering the usual 2257 records to cover US resident affiliates, those who have US based businesses and others who may host in the US.

The illegal element arises from personal backgrounds and the declaring of worldwide income. Depending on which country of citizenship applies and where you are resident, - differing conditions apply eg...

If you are a US citizen, whether resident in the US or not, - there is an obligation to advise the IRS of any corps in which you have an interest and report all revenue recieved from these corps. The US is an unusal case for a number of reasons - not least being that taxes are still payable in the US whether you live there or not.

For other countries - whatever country you are resident in, taxes, if any, are payable at the local rate and an individual no longer resident in his/her "home country" has no obligation to file tax returns in their "home country" (unless there remains incoming-generating activity within that country). For obvious reasons residents of countries other than the US may choose to live in no or low taxation jurisdictions.

Beneficial owners of non-resident Gibraltar corps may not be residents of Gibraltar - nor can the corp operate a bank account within Gibraltar.

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Jenny S.

All wrong.

1. US Citizens and Resident Aliens Abroad

If you are a United States citizen who lives and works abroad, you in most cases qualify to exclude all or part of your foreign earned income. U.S. citizens are taxed on their worldwide income, no matter where they work. Some taxpayers may qualify for the foreign earned income exclusion, foreign housing exclusion, or foreign housing deduction, if their tax home is in a foreign country and they are either a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or are physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.

Resident aliens of the United States with a tax home in a foreign country may be eligible for the exclusion if they meet the physical presence test, or if they are citizens or nationals of a country with which the United States has an income tax treaty with an applicable nondiscrimination clause, and they meet the bona fide residence test.

Read

IRS Publication 54, Tax Guide for US Citizens and Resident Aliens Abroad
IRS Form Form 2555 in connection with Form 1040


2. Gibraltar Bank Accounts

Gibraltar is a British Crown dependency and a full member of European Community, although it has been excluded from the European Common Agricultural Policy, VAT and Common Customs Union. Nominee directors, nominee shareholders, bank account signatories are possible for Gibraltar Non-Resident Сompanies. However, money held in a bank in Gibraltar by a non-resident company is taxable; therefore it is advisable to have your bank account outside of Gibraltar.


And yes, there may not be anything illegal in having a Gibraltar corporation in general. However, if it's a PO Box based corporation in almost all cases there is, because it makes absolutely no sense to got through the process of opening a corporation in a place like this if someone intends to pay taxes and declare everything at home.


Again, ask a qualified attorney it you are a US citizen and intend to do something like this. It's deep and dangerous water.

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Jenny Seemore
Pornography is the bloody gladiator who stands guard over the First Amendment

dcortez

It would seem that bigotry is alive and well in the adult webmaster community.

Assuming a biz is suspicious mostly because it is located outside of the US 2257 nuthouse is asnine.

US-based webmasters, rather than whining about other countries not living in the dark ages, why not FIX your gov (please!).