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Buyer misrepresentation

I have had two different buyers from different countries. I specifically state in my listings that I do not ship internationally. I do not want to deal with customs. When I printed out all of the backup documents for their purchases, I see that I got charged an international fee even though the item is being shipped to a United States address, the buyer's registered address with eBay is another country. Also, since they are not charged sales tax, I will have to pay the use tax to my state for the purchase.  Also, if they decide they don't want the item they purchased, I will have to pay international postage and customs in order for them to return it. How do I prevent them from buying from me? Can I cancel the sale because they misrepresented themselves? Will eBay ding me if I cancel a sale for this reason?

Message 1 of 26
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25 REPLIES 25

Re: Buyer misrepresentation

I think many freight forwarders have moved to the no sales tax states so they don't have another fee to explain to their customer.

Or they will be when their current lease is up.

But yes, the Internet (state) Sales Tax is based on where the purchase is delivered.

We Canadians are paying the eBay fee on US internet sales taxes. Which is sorta the same except for being completely different.

 

The remark that I seem to have aimed at @pburn , was more general. Sorry for the confusion.

 

However, the OP's concern is not wrong. Just  poorly aimed.

The Forwarder is not the problem. They are businesses and want to stay in business, which usually means working within the law.

The concern I have is that the OP sells dolls.

Which is a fraught category even at the low end she deals with.

 

Message 16 of 26
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Re: Buyer misrepresentation

The small extra cost of dealing with international transaction fees is usually pretty close to a wash with the extra FVF when shipping to most states that would include the sales tax amount.  In the end some are whining over very little.  Be happy you got a sale and moved some merchandise.

Message 17 of 26
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Re: Buyer misrepresentation

@stephenmorgan 

 

I'm not sure why you posted that screenshot. New Mexico has a marketplace facilitator law that addresses third-party marketplace facilitators to regard to the collection and remittance of "gross receipts tax" the same way sales tax or use tax is collected for other states. That screenshot has nothing to do with online retailers collecting tax in New Mexico, nor does the OP mention New Mexico anywhere in the thread. 

 

GROSS RECEIPTS TAX AND MARKETPLACE SALES 

 

It doesn't matter whether one refers to the tax as "sales tax" or "use tax" or "gross receipts tax." It all amounts to the same thing for buyers and eBay sellers and for purposes of this kind of discussion.

Message 18 of 26
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Re: Buyer misrepresentation


@pburn wrote:

@stephenmorgan 

 

I'm not sure why you posted that screenshot. New Mexico has a marketplace facilitator law that addresses third-party marketplace facilitators to regard to the collection and remittance of "gross receipts tax" the same way sales tax or use tax is collected for other states. That screenshot has nothing to do with online retailers collecting tax in New Mexico, nor does the OP mention New Mexico anywhere in the thread. 

 

GROSS RECEIPTS TAX AND MARKETPLACE SALES 

 

It doesn't matter whether one refers to the tax as "sales tax" or "use tax" or "gross receipts tax." It all amounts to the same thing for buyers and eBay sellers and for purposes of this kind of discussion.


Actually it doesn't.

 

There are still States that require a Seller to "report" USE tax.  I realize you are a Buyer and not a Seller and may not be aware of it.  I was replying to your post UP thread, not to the OP as you stated, incorrectly, that it never applies.  

 

Don't be embarrassed - sometimes it is very hard to follow the post sequences on a longer post.  

 


....... "The Ranger isn't gonna like it Yogi"......... Boo-Boo knew what he was talking about!


Posting ID Only.......
Yes, I have no Bananas, only Flamethrowers.......
Message 19 of 26
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Re: Buyer misrepresentation


@pburn wrote:

@stephenmorgan 

 

I'm not sure why you posted that screenshot.


 

The screen shot shows there is another tax called Gross Receipt Tax.

 

I was just adding to what @katzrul15  said about different taxes 

"Some States do require "USE" tax, which is different than "SALES" tax.  And that is based on where the Seller is located and shipping FROM."  

 

Sorry you did not understand this, but thank you for the link you provided. 

 

 

Message 20 of 26
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Re: Buyer misrepresentation

ETA:  While it may or may not "apply" to the OP (no way to know, no idea how much they sell, how many accounts, how many different sites), it is important to point out that it is still viable for some Sellers, some States and some scenarios.    I don't think it took this thread OT at all.

 


....... "The Ranger isn't gonna like it Yogi"......... Boo-Boo knew what he was talking about!


Posting ID Only.......
Yes, I have no Bananas, only Flamethrowers.......
Message 21 of 26
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Re: Buyer misrepresentation


@katzrul15 wrote:

ETA:  While it may or may not "apply" to the OP (no way to know, no idea how much they sell, how many accounts, how many different sites), it is important to point out that it is still viable for some Sellers, some States and some scenarios.    I don't think it took this thread OT at all.


Since the OP is selling on eBay, the marketplace facilitator portions of state laws would apply to the tax portion of the transaction, whether it be referred to as "sales tax," "use tax" or "gross receipts tax." There's no need how much the OP sells, how many accounts s/he has, or how many different sites s/he uses. As long as the site(s) collect whatever tax is applicable, the OP is not responsible for collecting and remitting said tax. Period.

 

The link provided in Message #8  clearly states:

 

"More than a dozen states require remote retailers and/or marketplace facilitators or providers (e.g., Amazon, eBay, etc.) that don’t collect sales and use tax in the state to report consumer purchase information to state tax authorities and the consumers themselves if they meet certain criteria."

 

The entry for every state on that list refers to "non-collecting" sellers or retailers, etc, in some form or fashion. The fallacy in your argument (and that of another poster) is that eBay does collect sales and use tax in those states, thereby rendering your argument moot.

 

Interesting to note the unfounded, woefully misinformed personal attacks people resort to when their argument is weak.

Message 22 of 26
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Re: Buyer misrepresentation


@katzrul15 wrote:

@pburn wrote:

@stephenmorgan 

 

I'm not sure why you posted that screenshot. New Mexico has a marketplace facilitator law that addresses third-party marketplace facilitators to regard to the collection and remittance of "gross receipts tax" the same way sales tax or use tax is collected for other states. That screenshot has nothing to do with online retailers collecting tax in New Mexico, nor does the OP mention New Mexico anywhere in the thread. 

 

GROSS RECEIPTS TAX AND MARKETPLACE SALES 

 

It doesn't matter whether one refers to the tax as "sales tax" or "use tax" or "gross receipts tax." It all amounts to the same thing for buyers and eBay sellers and for purposes of this kind of discussion.


Actually it doesn't.

 

There are still States that require a Seller to "report" USE tax.  I realize you are a Buyer and not a Seller and may not be aware of it.  I was replying to your post UP thread, not to the OP as you stated, incorrectly, that it never applies.  

 

Don't be embarrassed - sometimes it is very hard to follow the post sequences on a longer post.  

 


@katzrul15 

 

Just my two cents on this for what it is worth.  @pburn posting ID is her buying ID.  That is not so much different that many posters do on the threads.  There is another ID in which she is a casual seller.  I know this because I remember it from a couple years ago as this came up on some thread.

 

We shouldn't assume someone doesn't have selling experience simply by the ID they post with.  Lots and Lots of sellers don't use their selling ID here.

 

Just sayin.  😍


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999
Message 23 of 26
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Re: Buyer misrepresentation

The buyer's registered address with eBay is Japan. The buyer was not charged sales tax at all even though it was shipped to Delaware.

Message 24 of 26
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Re: Buyer misrepresentation

@jonel2 

Delaware does not have a sales tax.  That is why there are so many freight forwarders there. 

Message 25 of 26
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Re: Buyer misrepresentation


@jonel2 wrote:

The buyer's registered address with eBay is Japan. The buyer was not charged sales tax at all even though it was shipped to Delaware.


@jonel2 

 

Delaware isn't on the list of states they are required by law to collect sales tax for because Delaware doesn't have a sales tax.

 

https://www.ebay.com/help/selling/fees-credits-invoices/taxes-import-charges?id=4121

 

Taxes - Sales tax by state.JPG

 

 


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999
Message 26 of 26
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