posted on August 7, 2001 06:40:49 PMKiara - Nice catch on the spellin.
david2001
Here's a little sumpin you might want to consider. When [not if] someone at Canada Customs inspects a parcel & they get the hinky feeling the "Gift" is really merchandise, they can sniff a little further, & if it's deemed to be "merchandise", they can at the VERY least confiscate the parcel.
All "Gifts" entering Canada are required by law to have a "Gift" card inside the parcel. No Gift Card, no go.
Also, most "Gifts" are looked at closer than Merchandise parcels, 'cause Canada Customs knows many of them are sent by sellers who are trying to assist Canadian customers from paying the taxes owed.
Canada Customs will also go so far as to ask for an eBay invoice, or end of auction page, if they suspect it's an eBay purchase.
posted on August 7, 2001 08:19:59 PM
I think common sense is best and ignore people who call you paranoid. taking any risk for a complete stranger in another country who wants to save a couple bucks is just foolish. And keep in mind anyone asking you to do this for them is very aware of the law. You cant blame buyers for trying and they should not blame you for saying no.
Also do not worry about getting a negative for being honest. Anyone who ask you to do this and then gets angry because you will not is in a very vulnerable position with their countries customs laws.
a straight deal is always less trouble and worry. I am sure you would never put in your terms "I will lie to customs for you".
posted on August 7, 2001 08:24:21 PM
RELAX!!!!!!!!!!!!
latest news from canadian customers is that their customs officers are getting old and mellow,lots of packages are go thru free!!!!
posted on August 7, 2001 09:06:31 PM
How much do bidders save by having items sent as gifts? What percentage of their savings do they send to the seller?
posted on August 7, 2001 09:13:23 PM
mrpotatoheadd, maybe some bidders tell the seller to mark it as a gift and they will share the savings otherwise they will neg them.
posted on August 7, 2001 09:18:52 PMCanada Customs will also go so far as to ask for an eBay invoice, or end of auction page, if they suspect it's an eBay purchase.
Why would you be expected to have an Ebay invoice or ended auction page if it was a gift?
How in the world are they going to prove it is an Ebay purchase if you say it is a gift?
Even if they do ASSUME that it was bought on Ebay, how will they prove that it was? Even if they can prove it was bought off of Ebay, HOW can they prove it is anything other than a gift?
Canadian customs have more important things to spend their time on then tracking down the history of a gift from one friend to another. Get real.
C'mon, hummmm along:
Pa-ra-noi-a will de-stroy 'ya!
Pa-ra-noi-a will de-stroy 'ya!
posted on August 7, 2001 09:25:25 PM
This is in my AW preferences, it appears in all of my auctions. I've never had an international bidder question me about it. Works for me! Don't know how this post will come out - I copied and pasted from preferences. <font color=ff6666 size=2>International bidders - payment must be in U.S. funds and is best made through PayPal. Much faster!
<p>
Customs documents will always be completed using the final bid price as the value of the merchandise. Please don't ask me to call it a gift.
<p>
Also, it's a really good idea to email me for a shipping quote before you bid. Thanks!!</font>
posted on August 7, 2001 09:54:14 PM
QUESTION: IF you mark the package as a gift and for whatever reason Canadian customs opens it and finds your eBay invoice or packing slip instead of a gift card, or worse: a gift card that says "don't forget to leave me positive FB at eBay" (doofus) AND, they confiscate the package, THEN does the Seller have to refund the Buyer or send Buyer another item?
Would the fact that the Buyer requested the Seller to lie on the form, or the Seller putting "I'm not responsible blah, blah, blah..." in their TOS, offer the Seller any protection against a chargeback in this scenario?
Has this happened to any of you? And, if it is not too painful, can you share with us the result?
posted on August 7, 2001 09:55:00 PM
All sellers should be made aware that it is a felony to mark the wrong info on a customs form. New sellers read the information here and they also ask questions.
What people choose to do after they know the rules is entirely up to them.
Each seller decides to conduct his business the way he wants to and has to deal with the consequences or the risks.
Why anyone would call anyone else to task just because they say they are honest when they mark the customs form is beyond me.
posted on August 7, 2001 10:08:55 PM
It is sad enough that you are called a fool for paying a minor tax and refusing to lie but to immediatly declare that being honest is a symptom of having greater evil secrets to hide is a pathetic stab at self justification.
My slime ball brother in law does this all the time. Whatever crooked thing he does it is always "Everybody does it in business."
So far he has not used that excuse for running around on his wife because it would make him uncomfortable to have to assume she is as loose as he is. As a matter of fact she is a decent person who deserves better.
Maybe if their government is too demanding the Canadians should do something about it....
posted on August 7, 2001 10:26:53 PM
When I buy my items to sell on ebay I go to yard sales/flea markets and even though I am in Canada I don't pay tax on those purchases. When someone wins an item I have bought that way on ebay I always mark it as a gift no matter what country I send it to as the items I sell are used and have already had the tax paid on them when they were first purchased. I don't personally consider a used item to be merchandise, to me merchandise is something that is brand new. If you sell new items on ebay then by all means its merchandise but if you sell used items then I see no problem at all with marking the item as a gift.
posted on August 7, 2001 10:28:16 PM
This is the third thread I have read on this subject at AW. You had me so convinced it was wrong to put gift on the custom form that I was all set to tell the first person who asked me to check "gift" that it was against the law and sorry but I won't do it.
So I asked my local post office clerk if it was legal or ok and she said there was nothing against it in the regulations. She also said some countries charge more in tariffs than the actual cost of the item. Then I asked a second clerk at another post office the same question and he said it was OK. I side with the post office. And according to my lawyer it's OK to tell stories unless you are under oath.
YOU are just trying to justify your thieving ways, you slimey sack of #*!@!
Louissa, don't you understand; you have come to the discussion board of perfect people, who would never DREAM of lying about anything. Well, by golly, it would be unseemly.
posted on August 7, 2001 10:46:51 PM
It seems quite obvious some of you have very little, if any, knowledge of International Customs, including Canada Customs.
Canada Customs & Revenue Agency monitor and control the importation of goods coming into the country. The key word being "monitor". Attempting to screw over Canada Customs is like trying to screw over the IRS. Not a great idea.
Off the CCRA site:
The Canada Customs and Revenue Agency (CCRA) can examine any item that comes into Canada by mail.
Items that qualify as a "gift"
For an item to qualify as a "gift", another person must send it to you personally and must include a card or other notice indicating that it's a gift.
If you receive an imported gift by mail and it's worth $60 CAN or less, you don't have to pay duty or tax. If the gift is worth more than $60, you must pay duty and tax on the amount over $60 CAN.
For example, if a relative sends you a gift worth $200 CAN, you must pay the applicable duty, the GST or HST, and any PST on $140 CAN.
Please note:
The $60 CAN gift exemption does not apply to:
goods such as tobacco, alcoholic beverages, or advertising material, items sent by a business, company, or association.
As well, the $60 CAN exemption that's available on gifts cannot be combined with
the $20 CAN exemption that's available on all items.
David2001 ..... Please note, items sent by a business, company, or association.
How hard do you think it would be for the CCRA to contact the IRS to determine if an individual is a business, company, or association? Hmmmmmmmmm.
getalife
So I asked my local post office clerk if it was legal or ok.......
LOL, and at Tax time do you ask your local post office clerk what's ok, and what isn't?
Whoa!
Louissa
I don't personally consider a used item to be merchandise
No offense, but what you personally consider doesn't amount to didley do-da.
I suggest you learn the laws of the land,
before you post such nonsense. The people that are selling those "used" goods to you at flea markets are most likely cheating on their income tax forms as well.
I have no problem how others conduct their business, but as Kiara stated earlier, I'm not about to jeopardize my reputation & my business over some buyer who's trying to save $20 in taxes.
Kiawok,
I don't recall disrespecting anyone and I'd appreciate being afforded the same courtesy. Last time I checked everyone was entitled to their own opinion on these boards and that is just what I gave, an opinion. At no point did I claim my post was based on any law.
Comparing asking a post office employee what is the correct procedure to follow when marking customs forms that THEY provide you is hardly comparable to asking the same postal employee anything to do with your taxes, unless of course its how much the stamp is to send it in the mail.
JMHO
posted on August 7, 2001 11:10:31 PM
From the USPS website:
123.712 Acceptance by Postal Employee (PS Form 2976)
The Postal Service acceptance employee must:
a. Instruct the sender how to complete, legibly and accurately, the customs declaration form, as required. Failure to complete the form properly can delay delivery of the item or inconvenience the sender and addressee. Moreover, a false, misleading, or incomplete declaration can result in the seizure or return of the item and/or in criminal or civil penalties. The United States Postal Service assumes no responsibility for the accuracy of information that the sender enters on PS Form
2976.
No offense was meant, but I think you should consider that there are NEW sellers that read these message boards & the last thing they need to be given is advice that you KNOW is incorrect. The fact that something is "used" or has already had tax paid on it when it was new, doesn't mean dick all when it passes through Customs. You know it, I know it, and so does everyone else [I hope?] who's posted on this thread.
Asking a postal clerk *anything* about correct procedures when dealing with the Customs forms is foolish. I don't care if they provide the forms or not. FYI - In Canada, "taxes" ARE part of Customs, and if you ran your online sales as a business, you should know that as well.
Sorry, but I have little sympathy for people that give piz poor advice.
Thanks for posting that information. I think that clears up the question of legality pretty well.
Interestingly, when I first started selling on eBay, the PO clerk told me to always check the gift box on the customs forms. I never even thought twice about it until reading this thread. Now, I'm not sure what to do. I have some regular Canadian customers and I'd hate to lose their business. I don't want to do anything illegal though, either. This is a lot to think about.
amwell68
posted on August 7, 2001 11:41:46 PMAlso, I couldn't give a rats a$$ as to how new someone is who is reading this.
You may not care, david2001. But some of us do give a rats a$$ that new sellers are informed. In the end it makes it easier for all buyers and sellers.
I have already said that I don't give a rats a$$ how others conduct their business but I do like to see them have some knowledge.
Perhaps you should go back & READ the initial post on this thread? This is about a CANADIAN buyer who was asking someone to falsify the Customs form. You know, the one the people at CANADA Customs & Revenue Agency check.
And quite frankly, I don't give a rat's azz if you give a rat's azz.
Gotta luv the anonymity of the WWW, you'd most likely pizz your pants if you ran into THIS Mr. Rogers in RL.
posted on August 7, 2001 11:59:13 PM
Gee - we are still on this topic. Okay - has anyone ever heard or know of an instance where something was seized and they refer the case back to the U.S. for prosecution? Unless you are sending something illegal, I sincerely doubt the governments of two countries will want to deal with such a big case.
Anyway, if they do, just tell them the postal clerk instruct you to check off the gift box.
And if the following statement is true:
For an item to qualify as a "gift", another person must send it to you personally and must include a card or other notice indicating that it's a gift.
Then, unless you are a business, you should be okay. You mailed the package personally and the customs notice indicates it is a gift. Sounds like it fullfill the above requirement.
By the way, for certain countries, it is almost a necessity to lie about the value. Otherwise, the merchandise have no chance of getting there. It will mysteriously disappear. And sending it by register mail will just increase the chance of it being loss.
I personally perfer the option of checking merchandise with a value of $10. If the buyer truly believe that they can convince customs the item is only worth $10, great!!! If not, I sincerely doubt customs will refer the case back to the U.S. They are just going to assess the tax and move on.
I do believe the sky is falling. Sales are slow. Wish I have more customs forms to fill.
