Protect and Empower Your Business in Digital Commerce with Nextica Law & Tax
Success on Amazon and other marketplaces demands solid legal and tax management. We advise Amazon entrepreneurs on everything: intellectual property protection, local and international tax compliance, account sale and purchase, and managing the platform's specific risks.
Success on platforms like Amazon and other marketplaces does not only depend on having good products, but on a solid legal and tax management that ensures your growth and minimizes risks. At Nextica Law & Tax, we are experts in advising Amazon entrepreneurs, and we know firsthand the challenges and ups and downs that this business model faces day by day. We offer specialized legal and tax advice, covering everything from the protection of your intellectual and industrial property rights to compliance with local and international tax regulations, ensuring that your company is always well protected. Furthermore, we assist you in the buying and selling of Amazon accounts, ensuring that the process is carried out safely and in accordance with the law.
LEGAL AND TAX RISKS YOU MUST KNOW
Unregistered brand on Amazon
any competitor can register it first with the OEPM or EUIPO and force you to remove all your listings. The Brand Registry only protects registered trademarks.
European VAT without OSS
if you sell B2C to consumers from other EU countries and exceed €10,000 annually without being registered in the OSS, the AEAT and the tax authorities of each country can regularize all your sales with the correct rate plus surcharges and interest.
Buying and selling Amazon accounts without due diligence
you may acquire hidden penalties, debts with Amazon, category restrictions, or open disputes that the seller does not disclose.
Inadequate corporate structure
mixing business risk with personal assets. The limited liability company not only limits liability: it facilitates the future sale of the business as an independent asset.
What's worth knowing
First-hand knowledge of the Amazon ecosystem
Local and international tax compliance
Protection against suspensions, infringements and penalties
What's included
Specialized consulting on Amazon
We guide and advise you on all aspects related to selling on Amazon: corporate structure, taxation, brand protection, suspension management, and action plans. We know Amazon firsthand: the suspension algorithms, the Brand Registry criteria, the taxation of the European FBA model, and the particularities of buying and selling consolidated accounts.
Intellectual Property Protection on Amazon
We defend your brands and products on Amazon and other marketplaces, protecting you from infringements and ensuring that your business maintains its competitive edge. The process to access Amazon's Brand Registry requires a registered trademark with the OEPM (for Spain), with the EUIPO (for Europe) or with the USPTO (for the United States). At Nextica, we manage the entire process: trademark registration + enrollment in the Brand Registry.
International regulatory and tax compliance
We ensure that your business complies with local and international tax regulations in each country where you operate. OSS (One Stop Shop) for B2C intra-community sales exceeding €10,000/year, IOSS for imports from outside the EU with a value of less than €150, and quarterly Model 369. Avoid penalties and tax issues that could paralyze your Amazon account or block your PayPal.
Risk management in marketplaces
We are aware of the specific legal and tax risks of Amazon and other marketplaces: account suspensions, intellectual property infringements, product regulation non-compliance, disputes with buyers, and category restrictions. Our team identifies and manages these risks so that your business operates safely and profitably.
Buying and selling Amazon accounts
We assist you in the buying and selling of Amazon accounts, ensuring that the process is carried out safely and in accordance with the law: prior due diligence of the account (metrics, history of sanctions, restrictions, debts with Amazon, open disputes) and drafting a sales contract that protects the buyer against undeclared issues.
WHY YOU NEED AN EXPERT LAWYER IN AMAZON AND MARKETPLACES
Don't let legal or tax issues hold back your success
trust experts who understand and know your business.
WHY YOU NEED AN EXPERT LAWYER IN AMAZON AND MARKETPLACES
E-commerce on platforms like Amazon presents unique challenges that can severely impact your business if not managed properly, especially in the fiscal realm. With our deep knowledge of the Amazon ecosystem, account buying and selling, tax compliance, and brand protection, we ensure that your company grows solidly and securely.
Frequently asked questions
Do I need a specialized lawyer to sell on Amazon?
It's not mandatory, but highly recommended if: you sell in several EU countries (OSS obligation), you have your own brand (you need Brand Registry), you manage more than €100,000 in revenue (the fiscal and legal risk justifies the cost), you are thinking of buying or selling an account (due diligence is essential) or you have received an account suspension (the Action Plan in English requires specific knowledge of Amazon's criteria).
How do I protect my brand on Amazon from hijackers?
The only effective mechanism to protect your brand from hijackers (unauthorized sellers that add to your listing) is the Amazon Brand Registry. To access it, you need a registered trademark with the OEPM (Spain), the EUIPO (Europe), or the USPTO (USA). With the Brand Registry, you can remove unauthorized listings, protect your A+ content, and gain access to transparency tools. At Nextica, we manage trademark registration and enrollment in the Brand Registry.
What taxes do I pay as an Amazon seller in Spain?
If you operate as a company (SL), you pay Corporate Tax (25% on profit) and manage the VAT of your sales. In Spain, the standard rate is 21%, but for B2C sales to consumers from other EU countries, you must apply the rate of the consumer's country if you exceed €10,000 in annual intra-community sales. In that case, it is mandatory to register for the OSS and submit Model 369 quarterly.
Does Amazon handle VAT for me as a Spanish seller?
No. Amazon can manage VAT in certain situations where it acts as a "considered supplier" or seller on behalf of others (mainly for sellers established outside the EU). For sellers established in Spain, Amazon does not manage VAT: each seller is responsible for their own tax obligations, including registering for the OSS if they exceed the threshold of €10,000 in intracommunity B2C sales.
Can I legally buy an Amazon account?
Yes, the buying and selling of Amazon accounts is legal in Spain if carried out through an appropriate contract. Amazon does not expressly prohibit the transfer of accounts if its terms of service are met. However, the process requires: prior due diligence (performance metrics, history of sanctions, category restrictions, debts with Amazon, open disputes) and a purchase agreement that protects the buyer from issues not disclosed by the seller.
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