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Shipping an expensive hockey card to canada: buyer opened paypal case over duties and taxes

I sold an expensive graded hockey card (1000s of dollars) to a buyer in Canada. I shipped from usa via FedEx and the card arrived without drama within a few days to the buyer. All is well....then Three months later I receive a notice from PayPal of a dispute opened by the buyer against me claiming item not as described. In my invoice, I stated free shipping. He received a bill from FedEx (100s of dollars) to pay taxes and duties on the card. I did pay for shipping...but he never paid the duties...fedex paid them..now fedex wants the money. In the paypal case, the buyer claimed that the seller should have paid for the duties as terms of free shipping. I disagree.

Has anyone ever dealt with anything like this with PayPal? What are the right things for me as a seller to respond and what is the right evidence to show to win the case?

The way I understand the tax law, the Importer (buyer) should pay the taxes. I am the exporter, I do not pay the buyer's duties....does paypal see it the same way? I assumed buyers would know their tax laws and follow them. I guess I assumed wrong.

Ty for any insight you may have...

Comments

  • MrNearMintMrNearMint Posts: 1,209 ✭✭✭
    From what I understand the buyer is to pay all fees that are associated with international shipping. At least that's what every non u.s. eBay listing states.

    This is exactly why I don't purchase internationally!!
  • LOTSOSLOTSOS Posts: 1,303 ✭✭✭✭✭

    There is no duty on hockey cards shipped to Canada. Any fees added are national or provincial sales taxes. It will be GST OR HST and is province dependent. Those should be the responsibility of the buyer as they are "importing" the item. Once they've paid you they own it. You are simply shipping it on their behalf. That's my understanding although I will state that I've never been in your situation. Also it is my understanding that USPS is the way to go when sending to Canada. I've never sent any big ticket items north but the few in the $500 dollar range never had any issues.

    Kevin

  • SidePocketSidePocket Posts: 2,901 ✭✭✭

    Just my opinion, but I can't see how taxes and duties would be considered shipping fees.

    "Molon Labe"

  • As noted, duty is not applied to trading cards. Our government is simply collecting sales tax which the buyer initially avoided by purchasing an item outside the country. For example, when PSA returns graded cards to Canada they note on the shipping manifest that they are simply returning merchandise originating in Canada, making it clear that it was not purchased in the US, therefore no taxes are applied. The buyers beef is with the gov't over taxation so he'll lose. I can't imagine why Paypal would even consider getting involved.

  • jay0791jay0791 Posts: 3,508 ✭✭✭✭

    You will win easily

    Many sellers state on the listing: All import duties and sales tax/fees are the responsibility of the buyer.
    often they state they will NOT devaluate or declare item is a "gift." blah blah

    Collecting PSA... FB,BK,HK,and BB HOF RC sets
    1948-76 Topps FB Sets
    FB & BB HOF Player sets
    1948-1993 NY Yankee Team Sets
  • bishopbishop Posts: 2,917 ✭✭✭

    How does the government entity get the information to assess the tax ? Is there a declaration form with that information created as part of the shipping process ?

    As a buyer I often get a U.S. sales tax assessed against my purchase by the seller, even ones that offer free shipping. I do not consider shipping to include taxes.

    Topps Baseball-1948, 1951 to 2017
    Bowman Baseball -1948-1955
    Fleer Baseball-1923, 1959-2007

    Al
  • jackstrawjackstraw Posts: 3,748 ✭✭✭

    I know I probably lose money on bids but this is why I don't ship to Canada. Why is he waiting 3 months? That is rediculous that it's even allowed let alone right.

    Collector Focus

    ON ITS WAY TO NEWPORT BEACH, CA 92658
  • mtcardsmtcards Posts: 3,342 ✭✭✭

    I sell internationally but only use the global shipping program. Its not perfect, but it takes me completely out of the loop as far as the majority of the ebay nonsense. If buyer has a problem with taxes, take it up with the government of Canada. Paypal should not side with him, since he admits the item is described, the problem is tax

    IT IS ALWAYS CHEAPER TO NOT SELL ON EBAY
  • MULLINS5MULLINS5 Posts: 4,517 ✭✭✭

    I had someone last month upset over duty taxes on a $100 order and I paid it for them. Wasn't worth the headache.

  • RAPTORSRULE04RAPTORSRULE04 Posts: 194 ✭✭✭

    I'm really sorry this happens. I live in Canada and buy hundreds of cards from the US every year. I collect basketball so there is really no where else for me to buy. Taxes and exchange rates are my problem and things I have to consider with each purchase. They are not the sellers problem and my fellow Canadians acting this way just make it harder for me to add to my collection. Sorry this is happening to you. I am hoping they are just inexperienced and it is just not a scam on their part.

  • As a fellow Canadian who purchases extensively from the US, the taxes and duties are 100% the responsibility of the Canadian buyer. It's unfortunate when these things happen.

  • CdnOsfanCdnOsfan Posts: 279 ✭✭✭

    Another Canadian here. I live 1.5 hours from the border and have most of my purchases shipped to a mail forwarder in Niagara Falls, NY or Port Huron, MI to avoid the hassle. Its also become such a hassle most people do not want to ship to Canada anymore. If it is shipped by UPS or Fedex to Canada, they usually nail you for the tax and "Broker Fees" which can be 50% more of what you paid to purchase the item. Sometimes but rarely I have to pay tax coming across the border but it is worth the $20 in gas for what I save and my wife enjoys a bit of cross border shopping. If I have items shipped to my house, I make sure it is being sent by USPS and only lower priced items. Like the others said this guy is hopefully just a newbie, we all had to learn this the hard way at some point. Its 100% HIS responsibility to pay the tax and fees.

    It stinks that I have to go this far but otherwise my participation in the hobby would be very limited as I only collect Baltimore Orioles.

  • HighGradeLegendsHighGradeLegends Posts: 1,693 ✭✭✭✭

    Update: the case was decided in my favor. Thanks for all the advice. I have a better game plan now for high end cards to canada.

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