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Domain Tax Strategy: Sell Domain Names This Year

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When possible, I generally like to defer big end of the year sales to the following year for tax purposes. I am not a tax expert or even a fake tax expert, but I liked the idea of not having to pay taxes on a sale until the following year, so I always just assumed it was better to move a large November/December deal to January.

I read an article posted on Sedo and written by noted CPA and domain tax expert Sandra Brooks, author of the Domain Tax Guide (affiliate link). One very interesting nugget stands out from the article that was surprising to me, and it may change the closing date of a sale I have pending.

According to Brooks,

“Your best strategy may be to presume that the rates will go up, especially if you are in a higher tax bracket. You should lean toward selling domains now versus next year if the terms otherwise make sense. You may also want to defer deductions as they will become more valuable if the tax rates increase.”

As with all tax guidance and advice, it’s always best to speak with your own accountant who knows your business and financial situation. Because of seeing this article, it will give me something to ask my accountant, since I would have just assumed it would be smarter to close the sale in January.

Guest Post: Court Denies Motion Against WebQuest in Hayward.com Case

This is a guest post written by Brett Lewis of the Lewis & Hand law firm in Brooklyn, New York regarding a ruling from the Hayward.com lawsuit filed by WebQuest.com, Inc.  Brett’s firm is currently representing WebQuest. You can read some background on the bad  Hayward.com UDRP decision on Mike’s Blog. It looks like the litigation is off to a good start for WebQuest, and I wish them all the best in its legal battle for this valuable geodomain name.

In the case of WebQuest.com, Inc. v. Hayward Industries, Inc., 1:10 cv00306-OWW-JLT, the Court denied Hayward Industries’ motion for judgment on the pleadings, granting an early victory in the case to WebQuest.

Hayward Industries, which manufactures pool lights, pumps, and filters, had argued that even accepting all of the facts pleaded by WebQuest in its complaint as true, there was no question that WebQuest had acted in bad faith in registering the <Hayward.com> domain name.    The Court also granted WebQuest’s motion to strike Hayward Industries’ exhibits as “unnecessary evidentiary materials.”

Hayward Industries had tried to use those exhibits to support its claim for judgment on the pleadings, a claim which the Court said “bordered on the frivolous.”  The Court denied WebQuest’s motion for sanctions, however, finding that the motion, “was not so devoid of merit that it violates Rule 11.”

The case arose after WebQuest lost a UDRP decision over the <Hayward.com> and <wwwHayward.com> domain names and filed an action in Court to stop the WIPO-ordered transfer.    Although the decision comes at an early stage in the case, the Court’s ruling may signal that Hayward Industries will face a difficult task at establishing bad faith.

The Court stated that: “Defendant cites no authority for the proposition that bad faith may be found despite an entity’s lack of knowledge of a trademark holder’s existence.”  Given WebQuest’s claim that it registered the domain names for their value as geographic identifiers for the Bay Area city of Hayward, California, the Court found that, “Plaintiff’s activity does not as a matter of law establish the quintessential case of bad faith intent to profit contemplated by section 1125.”

How Do Domain Companies Rank in Google?

I was curious about how domain companies rank for a variety of Google searches, and I thought I would post the results. Below is the top Google result for a variety of domain related keywords:

Domain Names: Godaddy

Domains: Godaddy

Domain Sales: DNJournal

Domain Broker: iGoldrush.com

Domain Auction (and Auctions): Sedo

Domain Conference: DomainFest

Domain Lawyer: DNForum

Domain News: DomainNews.com

Domain Blog: DomainBlog.net

Domain Investing: ElliotsBlog.com

Domain Investor: MorganLinton.com

Domaining: Domaining.com

Domainer: Wikipedia

Domain Consultant: DomainConsultant.com

Domain Consulting: DomainConsultant.com

Domain Registrar: Wikipedia

Whois: Whois.net

ccTLD Domain Names: Wikipedia

IDN Domain Names: Wikipedia

Antony Van Couvering Named CEO of Top Level Domain Holdings

Top Level Domain Holdings CEOI just read a news release announcing that Top Level Domain Holdings has named Antony Van Couvering its CEO. Van Couvering previously served as the company’s Chief Operating Officer, and he is also CEO of Minds + Machines, a company operated by TLDH.

Van Couvering is one of the most intelligent and well spoken individuals in the domain space. He is an expert in the workings of ICANN, and his appointment to CEO has to do with this expertise. He is also one of the most well-versed individuals when it comes to the new gTLD domain names that are expected to be rolled out in the not so distant future.

Top Level Domain Holdings is a public company, and its stock is traded on the London Stock Exchange, under the symbol TLDH. Congrats to Antony on this well-deserved promotion.

Dallas Cowboys Fumble Domain Name on Big Day for News as Coach Phillips is Fired

A few days ago I wrote about the Cowboys.com domain name going up for sale on Sedo, brokered by Dave Evanson. This came three years after the Cowboys infamously bid and won the Cowboys.com domain name at auction, but they didn’t complete the deal after apparently confusing the price, thinking the winning bid was $275.00 rather than the actual $275,000.00.

Apparently the Dallas Cowboys suffered another domain name  embarrassment today. It looks like the Cowboys didn’t renew its DallasCowboys.com domain name on time, and as a result, the default Network Solutions landing page is currently showing (complete with pictures of young soccer players).

This afternoon, the Cowboys fired coach Wade Phillips after their horrendous 1-7 start to the season. I am sure a lot of people turned to DallasCowboys.com (and probably Cowboys.com, too) to learn more about the firing, directly from the team. Unfortunately for them, they were disappointed in the Cowboys once again.

The good news is that the Cowboys appear to have renewed the domain name through 2020, and the domain name should soon  propagate  back to its website. The bad news is that the Cowboys will still be bad whether the website works or doesn’t.

Choosing a Domain Name to Develop

Most domain investors have contemplated development at one point or another. Some people move forward with development projects and others opt to simply be a domain investor instead of trying their luck at development.  Here are a few things to consider:

1) Cost of development and  maintenance. Programming, security updates, and design work can be expensive. Weigh these costs against the realistic  profitability  expectation to see if it’s worth it.

2) Time commitment. Many websites aren’t (or shouldn’t be) “set it and forget it.” Think about how much time it will take to update the site (content, upgrades, inventory…etc) and determine if you’ll be able to commit that amount of time.

3) Advertising, marketing, and SEO budget. Even if you have a great website on a category defining domain name, you will still need to spend money advertising your new site and doing SEO work to get traffic. Think about whether you’ll be able to afford to do this – either with your own time or funds.

4) Add value to the domain name. If you develop the domain name, is it likely going to make an impact in search rankings? Will a potential buyer just scrap your website upon domain acquisition? It’s likely that your development won’t hurt the domain name, but if it doesn’t really enhance its value by more than you’re paying to develop it, you might want to reconsider.

5) Interesting topic. If the development topic isn’t of interest to you and you have no interest in learning more about it or dedicating time to it, you might want to pass. It’s not fun to have to research a topic you have no interest in … like tropical birds in my case.

There are a lot of considerations to make before devoting your time and your money to building a website. Sometimes we see huge sales like Diapers.com / Soap.com and we think we can easily take a big domain name, build it out, and sell it for a great ROI. The truth is that most of us won’t be able to do it.

Think about these things before you throw your good money after “bad.”