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on 02-08-2013 05:04 PM
A winner bidder has asked me to ship the item as a "gift" to Canada so he won't have to pay fees? I don't think this would be allowed?
Please advise. Thank you.
on 02-09-2013 04:43 AM
Perjury is a crime.
Postal fraud is a crime.
Tax fraud is a crime.
Conspiracy to commit a felony is a crime.
Let me think about it, I bet there is more.
Like this from the US Postal Service's Manual
Q. What is the penalty for failing to file required export information?
A. The Postal Service does not levy penalties for failing to file required export information. However, mailers that do not comply with the Census Bureau’s rules may be subject to civil and criminal penalties under the Foreign Trade Regulations. Examples of noncompliance include delayed filing, failure to file, filing false or misleading information, and using the AES system to further any illegal activity. U.S. Customs and Border Protection, the Commerce Department’s Bureau of Industry and Security, and the Census Bureau share responsibility for investigating violations and imposing penalties.
But, Maybe you are correct. Maybe there is no penalty and we should all quit worrying about being liars and thieves and party on.
on 02-08-2013 05:14 PM
Use dunnohowtowin link to report the buyer so that the transaction can be voided. When it starts off like this ... it's only likely to get worse.
Please let us know what happens if you make the report. I didn't realize that eBay had such a report link, and it would be useful in helping others to know what actually happens following a report.
on 02-08-2013 10:23 PM
The Law is vague and ambiguous, eBay cannot tell us exactly why it would be illegal to mark your item as a gift. And in a heated discussion on this subject covering a SEVEN YEAR thread, even the government themselves refuse to answer simple questions as to the legality of the value and gift designation placed on a CN22.
People here keep repeating that "it's illegal" and a a "Federal offense" with dire warnings of jail time, but can they tell us exactly which Laws are being broken and then prove it with a relevant example of a a seller who simply chooses to put his own idea of value and chooses to mark it as a gift? Even so much as a stern talking to?
No, they can't.
Nobody cares if you mark the item as a gift, not even the receiving Country and much less the sending one. If you want to know what the real danger is, it's that the buyer will be taxed in full and be very disappointed, and disappointed buyers are rarely fun to deal with. If the item is worth taxing it will be taxed in full, gift designation or not.
on 02-08-2013 05:07 PM
It's illegal to falsify customs forms. And actually when you go to print the labal thru ebay the customs form is already filled out with all the info and the amount - so you wouldn't be able to change it.
on 02-08-2013 07:14 PM
Just tell your customer Ebay fills out the customs form and all you have to do is sign it. You can't make changes.
on 02-08-2013 05:07 PM
To do so is a felony, Federal in fact. Do you want to risk ten to twenty years to save your buyer a buck or two?
on 02-08-2013 11:03 PM
Those who keep posting warnings of illegality and possible jail time are more than welcome to add to this thread. After seven years, it got a bit quiet as most sensible folk have given up.
on 02-08-2013 05:08 PM