losttoys
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posted on February 20, 2001 05:00:47 AM
This is a new one on me. I had a customer repeatedly remind me to send his widget as a "gift" so he would not pay customs duties. He did this despite a very clear statement in my TOS that I do not send gifts. So I asked my local Postal clerk what the deal was with the gift versus merchandise checkbox on the Postal customs form. She replied with absolute confidence "if the recipient intends to resell the item it is merchandise. If he intends to keep it for himself, it is a gift." But he bought it from my online store. "It's still a gift if he does not intend to resell it!"
Has anybody ever heard this interpretation before???
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december3
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posted on February 20, 2001 05:32:44 AM
I really don't know, but I spent years dealing with government agencies and everytime one of them told me something I wasn't sure of I'd jot down their name and when I talked to them. If there was a problem I had something to fall back on.
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abacaxi
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posted on February 20, 2001 05:55:45 AM
If you are sending it to him out of FRIENDSHIP or FAMILIAL relationship, with NO MONEY CHANGING HANDS, it's a gift.
If he HAS to send you money so you will send it to him, it's merchandise no matter what he intends to do with it!
Label it honestly (if it's used, say so), and tell him that you don't lie to your gummint or his.
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mark090
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posted on February 20, 2001 09:23:04 AM
What the person is trying to hav you do is commit a crime, simple as that. And he can not be held responsible if you are caught because he did not mark the box. If he paid for it, it is merchandise.
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taz8057
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posted on February 20, 2001 10:16:40 AM
How much is your item worth and what country are you sending it to?
-Trey
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"If your mind can concieve it, and you believe it, then you probably can achieve it."
http://www.CondomDeals.com
***********************************
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losttoys
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posted on February 20, 2001 10:22:07 AM
Just to be perfectly clear, the Postal clerk in my favorite Post Office stated that it was a GIFT if the recipient did not intend to resell it. I have never heard this interpretation before and strongly disagree with it. I just wanted to see if anybody agreed with her interpretation.
The item sold for $46 and was sent to Canada.
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reddeer
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posted on February 20, 2001 10:25:25 AM
Your Postal clerk is out to lunch.
BTW - The terms Merchandise & Gift are not defined by the PO, they're defined by Customs.
The label/form you are filling out is a Customs form, not a PO form.
A Gift is just that, a Gift.
Merchandise is any item where $$ has exchanged hands.
The Value of the item is the amount paid for the item.
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reddeer
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posted on February 20, 2001 10:28:34 AM
FYI - When sending a Gift to Canada, Canada Customs requires a "Gift" card be inside the parcel. ie Happy Birthday etc-etc.
If the parcel is inspected & there's no card inside, you high bidder will be paying taxes on the Value.
Also, he/she most likely won't be paying Customs or Duty, they'll be paying Federal & Provincial Taxes.
That's their problem, not yours.
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taz8057
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posted on February 20, 2001 10:34:10 AM
There was a website that listed the fees that Canadians had to pay, but I forgot the link.
I think it was certain items under $25.00, they did not have to pay taxes on.
Does anyone remember that website.
-Trey
***********************************
"If your mind can concieve it, and you believe it, then you probably can achieve it."
http://www.CondomDeals.com
***********************************
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reddeer
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posted on February 20, 2001 10:57:34 AM
I live in Canada, and any amount over $20 Cdn [approx $13.30 US] is taxed. If it's a Gift, any amount over $60 Cdn [approx $40 U.S.]
http://www.ccra-adrc.gc.ca/customs/business/importing/courier/postal/ind_duty_free-e.html
[ edited by reddeer on Feb 20, 2001 11:03 AM ]
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gravid
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posted on February 20, 2001 11:08:30 AM
I can also send you to several web sites that will assure you that it is perfectly legal to stop paying income tax. The last person I knew who did that ended up spending 7 years in prison. All this advise is worth what you paid for it. The clerk is not an official spokesperson for the post office. Write a letter and see what they answer on paper.
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Zazzie
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posted on February 20, 2001 11:12:12 AM
Canada's Custom Laws on Gifts
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.
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reddeer
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posted on February 20, 2001 11:38:26 AM
Zazzie
I guess you missed the link I posted above?
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shrty411
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posted on February 20, 2001 01:00:45 PM
Ask the PO to provide the rules in writing. The clerk will probably complain, butthey have all the manuals there with all the rules
SOMEONE in the office should be able to give you a copy of the statute
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mrpotatoheadd
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posted on February 20, 2001 01:10:15 PM
Ask the PO to provide the rules in writing.
Getting them to provide a copy of the rules is not the problem- getting an interpretation is.
I have had the unfortunate experience of dealing with my local post office regarding insurance. Using the exact, identical manual each time, I have received multiple conflicting interpretations, depending on the clerk or supervisor on duty at the time.
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reddeer
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posted on February 20, 2001 01:27:00 PM
Beyond providing the forms, the PO has nothing to do with regards to Customs rules & regs. If you have a problem with Customs, you have to deal with Customs, not your local PO.
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mrpotatoheadd
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posted on February 20, 2001 01:31:57 PM
Beyond providing the forms, the PO has nothing to do with regards to Customs rules & regs.
True enough, but I have no doubt that, when asked, they will be happy to give their expert opinion, nonetheless.
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