illegal tax collection on NON-TAXABLE EVENTS as per Candian Tax Law

Ebay sent notice abpout GST/HST collection on "ebay digital/electronic sales...." however, it cannot make such broad sweeping claims as grandfathered into existence are legally referred to transactions known as "NON-TAXABLE EVENTS" whihch specifically state sale of precious metal "bullion".

Buyers who have been charged are confirming that tax is being refunded, which is clear admission of error by eBay.

Problem is that while that's great for buyers, SELLERS continue to be raped by eBay as eBay repeatedly charges a fee on THAT (refunded) imprperly collected tax.

This is similar to leaving a tip at a restaurant for not just the food, but for the tax that wsa added to the bill....NOBODY tips the taxed amount, but eBay is charging a fee based on the TAX amount (which they admitted by their refunds was wrong)...wake up ebay. Can you say CLASS ACTION LAW SUIT?

 

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illegal tax collection on NON-TAXABLE EVENTS as per Candian Tax Law

marnotom!
Community Member

My understanding from a quick scan of the .com boards is that the erroneous taxation of bullion was also an issue on the American eBay site when Internet Sales Tax first became a thang.  Apparently, the software eBay uses to calculate tax on sales on the site is set up to base the tax on the category in which the item is listed, and as there are some items in the "Coins and Paper Money" category that are taxable, bullion got caught up in this.  I'm not sure how this got fixed on the .com site, but it did, and I'm sure it will be on the .ca site as well in time.

 

I also think that sellers will receive a credit for the FVF charged on the erroneously applied tax, it's just a matter of being patient, just as GST-registered sellers had to be patient to receive a confirmation email from eBay when they filled out and signed the necessary "paperwork" allowing eBay to charge and collect tax on their sales.

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illegal tax collection on NON-TAXABLE EVENTS as per Candian Tax Law

another,"the sky is falling, the sky is falling" post....

"CLASS ACTION LAW SUIT?"

BTW, good luck with that!

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illegal tax collection on NON-TAXABLE EVENTS as per Candian Tax Law

the site is set up to base the tax on the category in which the item is listed, and as there are some items in the "Coins and Paper Money" category that are taxable, bullion got caught up in this. I

So those sellers whose customers were charged tax, paid too much because the Seller  used the wrong category?

https://www.youtube.com/watch?v=PivWY9wn5ps

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illegal tax collection on NON-TAXABLE EVENTS as per Candian Tax Law

Has anyone been succesfull with your clients getting refunded the Illegal tax? Or as a buyer, have you recived a refund? Can anyone describe the experience for the buyer? 

 

Thank you for the time.. 

-cc

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illegal tax collection on NON-TAXABLE EVENTS as per Candian Tax Law

It takes just ONE person...Where there is a will there is a lawsuit, someone once said.

 

It does not take much to cause obstacles for even the largest companies. Just one person... 

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illegal tax collection on NON-TAXABLE EVENTS as per Candian Tax Law

Has anyone on here received their taxes back from eBay Canada Limited for ilegal taxes charged on what is conisdered bullion by having a purity content of 99.95% or higher on silver, gold or platium coins. If so can you please explain in detail how you did this.  I have made three attempts so far and bounced to some call center in India everytime where no one even there so called supervisors say they will take care of it, but to date no replies or any response of anykind.    PLEASE DIRECT ME TO THE PEOPLE WHO CAN TAKE CARE OF THIS PROBLEM    THANKS.

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illegal tax collection on NON-TAXABLE EVENTS as per Candian Tax Law


@iced632 wrote:

Has anyone on here received their taxes back from eBay Canada Limited for ilegal taxes charged on what is conisdered bullion by having a purity content of 99.95% or higher on silver, gold or platium coins. If so can you please explain in detail how you did this.  I have made three attempts so far and bounced to some call center in India everytime where no one even there so called supervisors say they will take care of it, but to date no replies or any response of anykind.    PLEASE DIRECT ME TO THE PEOPLE WHO CAN TAKE CARE OF THIS PROBLEM    THANKS.


You could try just submitting the request to the government directly (looks like it would be Reason Code 1C):

https://www.canada.ca/en/revenue-agency/services/tax/businesses/topics/gst-hst-businesses/gst-hst-re...

 

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illegal tax collection on NON-TAXABLE EVENTS as per Candian Tax Law

It's on record somewhere on these boards that eBay has taken sole responsibility for refunds of erroneously-charged taxes.  My understanding is that CRA will not deal with refund requests of this nature, possibly to prevent double-dipping.

If I were a buyer having trouble getting my request handled by eBay’s outsourced phone reps, I would try going through online chat with an actual eBay employee through the Help system or through Facebook or Twitter.

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illegal tax collection on NON-TAXABLE EVENTS as per Candian Tax Law

The legal department offered this Contact: canadagst/pst@ebay.com

Further, a memo notice was issued recently as follows:

NOTICE TO ALL SHOPPERS BUYERS ETC:

EBay sent out the following June 8/23…see below


New Item Specifics for Listings in Coins and Bullion Categories

Hi (sellers name here)

Based on feedback from sellers, eBay Canada has rolled out new additional item specifics for listings in the Coins and Bullion categories.

These two new item specifics, Fineness and Composition, are necessary to help determine the appropriate tax required on transactions in these categories.

Sellers with listings in these categories are encouraged to review their active listings and add these item specifics. With this information, eBay is able to accurately apply the appropriate taxability rules for each transaction, ensuring a more seamless transaction experience for buyers and sellers.

eBay offers a number of bulk edit tools, enabling you to review and update item specifics on your listings. Visit the Seller Centre to learn more about ways to quickly add item specifics to your active listings.

Guilty.
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