Who pays the customs fees if a return is not marked: " a return"?

[rosscd57]

Who pays the customs fees, if a return is not marked: " a return"?

I just got one back and had to pay the fees because it was not marked a return.

[t.bases · Accepted solution]

I got charged customs fee by Canada Post. Even the box mark as Return Item

[momcqueen]

In both cases, Canada Post and/or Customs Canada will refund the charges if you submit that the charges were demanded in error. There's an online form for it. I'm sorry, I don't have the link bookmarked anymore. It used to be a portion of the form itself too. You will have to submit paperwork to prove your item was, in fact, a Return making it indelible for duty/taxes.

[rosscd57]

Thank-you very much for the info.

[recped]

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wrote:

Thank-you very much for the info.

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I haven't seen the customs form in quite a while but there used to be a mail-in form on the back side of the Canada Customs receipt copy.

Of course if you are GST registered you can just use the ITC method to get your money back (GST only). If there was duty charged you have to file with customs for that.

[rosscd57]

Actually, I put in a Seller Protection Plan claim to eBay. I told them that they required the buyer to return the item and mark it as returned on the Customs Declaration. The Buyer/Sender broke their rules and marked it a gift - so why should I have to pay the Custom Fees for it. They discussed it with me and then sent me a document up loader. I sent them a copy of the Canada Customs Invoice, the USPS Customs Declaration and my Canada Post receipt.

Then about an hour later, they emailed me requesting that I phone in to Customer Service to: "fix this issue".

I'm going to do it Friday.

Should be interesting.

I bet I will lose.

[momcqueen]

No, I don’t think you’ll lose. What I would expect/predict is that eBay will reimburse you from the eBay pot that does not penalize the buyer for not following instructions or for not realizing the consequences of not following instructions. Please return to the thread after you call eBay in order to update it for posterity. Good luck.

[pjcdn2005]

I don’t recall any rule saying that a buyer must mark a return as a return on the customs form.  Where did you see that?

[rose-dee]

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wrote:

Actually, I put in a Seller Protection Plan claim to eBay. I told them that they required the buyer to return the item and mark it as returned on the Customs Declaration.

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I think you really might get better (and less aggravating) results by submitting your request to CBSA (the form is -- or at least used to be -- on the back of the Customs/CBSA form set that is stuck on the parcel).  Don't delay too long though, as I believe there may be a time limit. 

I once appealed an HST collection, and was surprised at how fast and efficient CBSA was.  I got a written reply within a couple of weeks.  I expect that if you properly document your request,  you will get your money back from the government.  It will mean photocopying transaction records and any messages/eBay directions regarding the return, as well as summarizing the issue in a letter, but I'm sure it will get dealt with professionally and promptly.  

Here's a link to the online form if you no longer have the paper form that was on the parcel.  Note that the box you want to check is the first one -- "Goods returned to sender/exported" 

https://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g-16.pdf

[rosscd57]

Yep I lost. 

Spent 20 minutes arguing with one of  eBays Service Specialists.  Even though it is eBay Policy that the purchaser/returnee  mark the item as a return and the seller/receiver has to pay Customs Fees because of that - eBay takes the position that the seller/refunder has go to after the sender for the money - fat chance of that.

I asked them if I could have with held the amount of the Customs Fees from the refund and they said no - I had to refund the full amount.

So, from now on if I have a return I will email the buyer and make sure that they know to mark the item as a return and not a gift or anything else - or Customs Fees will likely apply.

Personally I don't think their position is fair. After all it's their policy.

[pjcdn2005]

I don't recall seeing that as a policy...where do you see that buyers should do that?

On the gsp rules for sellers, it does mention that sellers are responsible for any custom charges on returns although I've never heard about that being a problem since the US threshold is so high.

I always tell the buyer to mark it as a return as I'm sure that most are not aware of it. Sometimes they mark it as a return, sometimes they don't but I've never been charged tax or duty on a return. That could be because I always request that they send it back first class international. Customs seems to ignore those ones and just charge me when an item is sent USPS Priority.

[momcqueen]

If it were me -- and I freely admit I am not great at picking my battles -- I would call back and speak to supervisor after supervisor until I got my way. 

OR

Start a claim and get that money back from Canada Customs/Revenue Agency since that is a fairly simply and straightforward process and clearly this is an item that should never had been assessed in the first place. 

[pjcdn2005]

I would pick the second one. Revenue Canada is the one who has the money so I wouldn't expect ebay or the buyer to pay.

[reallynicestamps]

I don’t recall any rule saying that a buyer must mark a return as a return on the customs form.

I don't think there is one.

The recipient is responsible to his own government for import fees.

It sounds as if the buyer tried to help, by foolishly marking the item as a gift.

At a guess there is nowhere on the form to mark Returned Merchandise?

Revenue Canada is the one who has the money

This is a 'follow the money' situation.

Since Revenue Canada mistakenly charged, they are the ones to refund when the mistake is shown.

[rose-dee]

Yes, don't bother wasting any more of your time on eBay.  Go after CBSA, you may be surprised at how efficient they are (for a government agency) in dealing with such requests.  See my Post #9 above for the link to the form if it's not on the back of the form on your parcel where it usually should be.  

You will in all likelihood get all your paid tax back (note that they even have a check-box for returns, so it must happen a lot).  

[rosscd57]

FYI on the end result:

After about 6 weeks and some back and forth with CBSA I finally got a check this morning for $17.48 so I guess you were all right - this is the way to go.

Thanks all!