Duties tax to Canada proof of delivery?
MULLINS5
Posts: 4,517 ✭✭✭
I can't get past the $25+ for delivery confirmation to Canada for cards...but if the buyer has to pay duty tax upon receiving, couldn't that be considered proof of delivery? How would one go about finding if the package was picked up and taxes paid?
Patrick
Patrick
0
Comments
In general, a US exporter - as an individual/entity NOT using a customs
broker - has limited access to the Canadian Customs records that might
"prove" delivery. The payment records are considered "confidential" under
the Act.
An individual US-exporter - not using a customs broker - might most
often need to seek the records inside of a civil action brought by or
against the importer.
There is little doubt that USPS Inspectors have "special realtionships"
with the Canadian Customs folks. IF the USPS was looking into an
insurance-claim, for example, they might likely get a friendly looksee
at the docs.
Even if I could find a case in which customs records were dispositive
to a controversy of delivery vs. non-delivery, it would NOT be on
point to an EBAY/PayPal dispute.
As has been noted here many times, EBAY/PP currently like USPS
EMI for Canada deliveries. Buyers and Sellers simply need to get
their heads around that cold/hard fact.
..........
Excerpt from informational pamphlet.......
".....The Canadian Customs Act provides many exceptions to the general rule of confidentiality. Information can be released for use in any criminal proceedings and also for civil proceedings when those proceedings relate to the administration or enforcement of legislation such as the Income Tax Act, the Customs Act, the Employment Insurance Act and any other legislation that provides for the imposition or collection of a tax or duty.
Information can also be disclosed in a wide variety of fora, including courts of record in Canada, courts outside of Canadian jurisdiction, international organizations, dispute settlement panels and other bodies.
[BUT], Subsection 107(6) of the Customs Act, permits the Minister of National Revenue to provide customs information to any person solely on the basis that the Minister believes that "the public interest in providing the information clearly outweighs any invasion of privacy, or any material financial loss or prejudice to the competitive position of the person to whom the information relates."......"
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