posted on October 23, 2001 01:58:59 PM
Hi.
I am not afraid of buyers, I have 8 negatives. But if you are afraid of confrontation you can just say that the Postal employees know that you sell on eBay and you will have to mark it as merchandise. I personally do not reply to such requests, and always mark it merchandise because a grumpy buyer is better than a fine or prison time. Have a nice afternoon.
posted on October 23, 2001 08:31:37 PM
"And if you don't think so, perhaps you should read this.
http://www.auctionwatch.com/mesg/read.html?num=2&thread=366545"
Very different. That seller was traveling by car back and forth.
posted on October 23, 2001 08:33:01 PM
"Perhaps so; however, if I'm going to break a law it's going to be to my benefit not some stranger!"
Oh there is a benefit for me... it's called "repeat customers".
"The crime exists upon commission, not when it is revealed. "
Grin. Like I say, watch that jaywalking. And naturally claim every penny you make on Ebay at Income Tax Time!
[ edited by celebrityskin on Oct 23, 2001 08:36 PM ]
posted on October 23, 2001 11:36:31 PM
I will never mark a package as a gift unless it is something that I might send as a gift. But 9 times our of 10 when I ship I don't know the price of the item in the box so there is a good chance it will be valued at 9.99. Of course if there is insurance on it I will mark the package with the right price. Also if you ask me to mark it as a gift guaranteed that it will be marked for the full sale price.
eBay fees are like being slowly pecked to death by chickens!!!
posted on October 24, 2001 08:41:10 AM
As for jaywalking, I probably do it -- but I don't claim that I'm doing the right thing either. And there is a big difference in traffic safety laws and committing FRAUD, thereby cheating someone out of money -- in this case the government of the country you're shipping to.
As for my taxes, yes, I file EVERY thing I take in. It would be unethical not to. I think I've never been audited because I always report MORE 1099 income than is on my 1099s.
But even if I didn't, that wrong would not make this wrong any less wrong. Sorry, but don't assauge your guilty complex by blaiming others.
posted on October 24, 2001 10:53:44 AM
Kiawok:
The question you should be asking is why ANY buyer, let alone Canadian want to pay nearly 3 times the bid price of an over-evaluated by the seller product. It's not good for business, and you can bet I won't be buying from him again....or any dealer who isn't willing to work with me on trying to keep the post sale costs to a minimum.
posted on October 24, 2001 11:31:27 AM
"And there is a big difference in traffic safety laws and committing FRAUD"
In your mind there is a difference, but Mr. law man sees it as the same.
Look, statements like these:
"I don't commit a crime to save someone fifty-cents. Would they come and bail me out?"
"always mark it merchandise because a grumpy buyer is better than a fine or prison time."
...Are just crazy, and wrong. No one goes to Jail for marking an item as a gift.
I suspect this would not even be an issue if American buyers had to pay any sort of duty on the average item. Why a seller in the US cares for one second if the Canadian government gets it's "$5" handling fee is beyond me.
posted on October 24, 2001 12:49:40 PM
"In your mind there is a difference, but Mr. law man sees it as the same."
No. In FACT there is a difference. Yes, they are both wrong and I don't advocate either. However, jaywalking is a victimless crime. Fraud is not.
You can spin it however you like to make yourself feel better so you can sleep at night. Wrong is wrong and marking a package as a gift when it is not (SOLELY TO AVOID OWED CUSTOMS FEES) is wrong. No ifs, ands, or buts.
"...Are just crazy, and wrong. No one goes to Jail for marking an item as a gift."
Sorry, but he said FINE or PRISON TIME. And yes, you can get fined.
You're 100% wrong on this and no amount of whining will change that fact.
posted on October 24, 2001 02:00:13 PM
The question was: "Am I at risk doing this??"
Answer: No.
You will not go to jail, fined, nothing! If you say I am wrong, PLEASE prove that ANYONE has ever been fined or sent to jail for marking a package a gift on the little green customs form!
"However, jaywalking is a victimless crime. Fraud is not."
In your mind. But Mr. lawman sees NO difference. Victimless.. read the paper for the next time a person gets hit by a car/bike because they decide to cross the road whenever they want.
"You're 100% wrong" ... actually we disagree there. (no surprise.. ha)
posted on October 24, 2001 02:07:13 PM
It's irrelevant if anyone has ever, in the past, been jailed or fined for this.
What's relevant is that you, on the form, state that it's a gift, when it is not. You're lying to cheat someone out of money. This is fraud and anyone who would do it is not an honest seller.
It's QUITE simple for even a child to understand. Why don't you get it?
And again, jaywalking and fraud ARE different in the eyes of the law. Not in my mind, but in fact. Both are illegal, yes -- but that does not make them the same.
posted on October 24, 2001 02:26:27 PM
The question was: Is there a risk?
"It's irrelevant if anyone has ever, in the past, been jailed or fined for this."
So if no one has ever been fined/jailed.. that would mean there is "no risk". Is that difficult to understand?
"And again, jaywalking and fraud ARE different in the eyes of the law."
What is the difference?
If you mark a package a gift, there is no risk of getting fined or jailed.
Does a seller have to? No, of coarse not. Are they at risk at all? Nope. But naturally it's their call.
You don't do it. That's fine. I've done it off and on for 15 years, 21 different countries, thousands of packages, and never ONCE had a problem.
[ edited by celebrityskin on Oct 24, 2001 02:27 PM ]
posted on October 24, 2001 04:21:37 PM
celebrityskin-
Are they at risk at all? Nope.
How you choose to run your business is, well... your business, but I would think one might take little more effort to avoid spreading misinformation than you have in this matter. There are risks- choosing to accept them is up to you, but giving others the impression that there are none is not a good thing.
posted by banffboy (a former Canadian customs official), in this thread:
If a shipment is examined by Customs and determined to be misdeclared, either to value, circumstances (i.e., gift)..whatever, the SELLER'S name is entered in Customs' computer database along with the Canadian consignee who will, of course, have to pay not only regular D&T but DOUBLE D&T as a fine for a first offence.
Every subsequent shipment the seller sends to Canada after having been caught in an attempt to defraud the Canadian government, not just to the present consignee but to ALL FUTURE consignees wherever they may be located in Canada, will now be pulled aside for further examination. If it is obvious to Customs officials that the seller is still trying to evade regulatory compliance, not just of Canada's laws but, as noted above in a previous message, with your own USPS regulations...that seller could have his shipments refused entry into Canada and returned...freight collect.
Risks? At least a couple in those two paragraphs:
1. Customer may have to pay not only regular D&T but DOUBLE D&T as a fine for a first offence. Probably not too good for repeat business if it happens to your package, no?
2. After having been caught, not just to the present consignee but to ALL FUTURE consignees will now be pulled aside for further examination. That'd slow up delivery some, don't you think?
3. The seller could have his shipments refused entry into Canada and returned...freight collect. That would kind of put an end to any question over whether or not to mark an item as a gift, for sure.
