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Replies: 66 / Views: 7,895 |
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Locked
822 Posts |
You're talking about voluntary crap you decide to do yourself. You get the benefit and you assume the risk. I'm talking about a buyer asking you to forge a government document so they can cheat their country. All the benefit is on them, all the risk is on you, including the highly possible neg (like I posted above) that may cost you sales and will cost you money on your ebay bill. I can't believe you see one iota of similarity in these scenarios.
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Pillar of the Community
United States
2335 Posts |
I'll admit it, I break laws that are unlikely to be enforced all the time. I'm talking about driving a few MPH over the limit & the like. In every case I get some sort of benefit for the risk I take. That doesn't mean I'm going to break a law, no matter how minor the person urging me to do so percieves it to be, so that person can benefit.
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Pillar of the Community
Canada
1082 Posts |
Quote: ...forge a government document... Now it's forgery? Don't think so. Wouldn't "forging" government documents mean printing off copies of it? For example, "forging a passport"? Or it could mean putting someone else's signature on it to make it look like they filled it out when they actually didn't. Quote: You're talking about voluntary crap you decide to do yourself. How would the case in point be any less "voluntary"? Quote: All the benefit is on them, all the risk is on you... Hmmmm...wouldn't the possibility of repeat business be a possible benefit to the seller? Quote: ...the highly possible neg (like I posted above) that may cost you sales... As I have said, I do disagree with negging in these situations, but then again, to some extent I could understand it if the buyer wasn't aware that his purchase would wind up costing him a lot more, especially if the seller's ads didn't say, "Please don't ask me to tick off the "Gift" box on the Customs form." That doesn't mean I agree with the practice of negging, just that I can understand why it would happen. However, I do have to admit that if I was reading a certain dealer's feedback in exercising my own due diligence and discovered negs related to the issue at hand, I would likely not bid. Unfortunately, for every seller who won't tick off the Gift box, there are probably three or four more who are only too happy to, not that this is intended to justify the situation to you, just that it is the reality of the situation. Is it illegal? Technically speaking, yes, because you are deliberately deceiving Canadian Customs. However, Canadian Customs puts all of the justification and proof onus on the buyer, should they wish to challenge whether something is actually a Gift. Should they find that it isn't, they will merely reasses the value for duty, but even that is appealable under the mechanism they operate within. The risk is to the buyer, and not the seller. Reassessment is a fairly common practice, but it is done on a totally arbitrary basis by Canada Customs, and it is even something the buyer can apply for, for example, if the seller has erroneously included the cost of postage in the value of the item, and the duty and taxes were calculated by using that erroneous figure. In most cases, I would assume that reassessment occurs in regard to prices that are "too good to be true", and noting under the value that it was an " ebay auction win" usually diffuses this suspicion, especially since the smart buyer would likely print out the end of auction information from the ebay website. As to why US Customs would bother to be involved I still do not understand. I do know that there are certain items they want to keep track of that leave the US with foreign buyers, for instance, antique cars. If I should go down to Minnesota and buy a car that is over 20 years old, it is classified as an antique. Before I cross the border with it, I have to stop in at US Customs to let them know I'm exporting it. The reason is apparently something to do with recordkeeping in regard to the export of America's cultural and historic past. I asked US Customs if there is a list of certain cars they would not allow to be exported, and they replied that there wasn't. Whether there is any similar program in regard to other items being exported, I do not know, but I doubt it, because the Customs forms you've mentioned are typical Customs forms that have always been in use. The only thing I could see in regard to US Customs involvement would have to do (like I previously said) with large commercial shippers who would have to account for the value of the goods leaving and the resulting income that is created and has to be reported to the IRS; obviously, these two figures must match, or someone is committing a fraud in under-reporting their income.
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Locked
822 Posts |
LOL, so now you're going to be petty and pick apart my choice of words. Now you look even more ridiculous. It's easy for you to sit up there and be the one asking and assuming no risk whatsoever. Come sit down here and get asked the moronic and ignorant question on an almost weekly basis and constantly wonder if you're gonna get negged at any time for refusing to break the law so someone else can steal from their country.
My grandpop told me to never have a battle of wits with an unarmed person. I see he was right.
I'm out.
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Moderator
 United States
23522 Posts |
Quote: I'm out. That's a good thing, because you're right on the ragged edge of getting a vacation to reconsider your approach to posting. Debate the issue, not the character of the member stating the issue.
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Pillar of the Community
 United States
1291 Posts |
This is totally fascinating! It's sort of like a discussion on human nature as dictated (or influenced) by the laws of probability. All sorts of great stated and unstated questions flying around: Do you consider (something) to be illegal or not? What is its degree of severity? Should the degree of severity matter or only the fact that it is illegal? What is its likelihood of detection? Should the likelihood of detection matter or only the fact that it's something that might warrant detecting? Would or should you expect someone to skirt or ignore the law to benefit YOU at their potential peril? Would you do the same for someone else at your potential peril? Should you penalize someone for staying inside the law because you think they're too straight-laced and as a result it just cost you some money? I have to say that when I first read WpgLwr's comments about the Canadian mindset that I would have been comfortable checking that "Gift" box. And even now that I have totally changed my thinking and have come over to Scubu's camp, I absolutely acknowledge that the laws were written, primarily, to catch much bigger fish and that the likelihood of getting caught is infinitesimally small, but why chance it? I have got to believe that somewhere out there in the world, at some point in time, someone in the U.S. has paid a price for trying to do an end-run around Canadian customs in an attempt to SELL coins that were marked as a GIFT. With ebay, I only sell to the U.S. and Canada. I've sold a few things on ebay to folks in Canada but the value has always been so low (legitimately low) that the customs form was not an issue. I think if I ever list anything that I expect to sell for major $ that I'm going to include a notation to my Canadian audience that I will NOT check that GIFT box.so bid accordingly or not at all. (Late edit: I'm in Scubu's camp on the issue, only...)
Edited by weerdsteev 11/20/2009 10:47 am
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Moderator
 United States
23522 Posts |
The basic conflict here is that there's a world of difference between a casual ebay seller, and one who derives a significant income or at least sales volume from ebay. Morally, I wouldn't quibble over the concept of falsifying a Customs document for a $50 coin, but I sure as heck wouldn't ever do it deliberately in conjunction with one of my ebay sales. I'm not risking a 10-year selling record against the chance of running into a Customs official who's having a bad day.
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Pillar of the Community
Canada
1082 Posts |
Quote: ...so now you're going to be petty... Seems to me you've shown exactly who is "petty". Quote: ...and pick apart my choice of words... Sorry, I'm a lawyer, and to a lawyer, words are everything because of the legal importance/obligation/connotation/construction attached to them. Ask any lawyer (especially those in contract law or in interpretation of laws) and they'll tell you the same thing. Quote: Now you look even more ridiculous. Sorry, but I think you've taken on that status all by yourself. Quote: Come sit down here and get asked the moronic and ignorant question on an almost weekly basis and constantly wonder if you're gonna get negged at any time for refusing to break the law so someone else can steal from their country. Hey, if you can't stand the heat, get out of the kitchen. Maybe a nice career change is in the offing. Check with your local Wal-mart; they probably are hiring greeters for the forthcoming holiday season. Quote: My grandpop told me to never have a battle of wits with an unarmed person. It's too bad he didn't tell you how not to be that person. That advice would probably have served you well, but you can still check into it, along with the definition of "petty" and the rules of debate. Have fun. Knock yourself out. 
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Bedrock of the Community
United States
10045 Posts |
Personally, I think where customs declarations are really abused are on retail goods with a significant price disparity over national borders. As noted earlier, excessive duties tend to motivate enterprising people to find ways around customs in large volume shipments--that's where profit motive creates criminal intent. I would guess that customs officials of most countries focus mainly on enforcing trade agreements, ie tariffs, import restrictions, etc. If I wanted to be overtly criminal, I wouldn't be mailing coins--I would be shipping bulk, high-value items to Europe such as laptop and camera batteries--which have crushing tariffs there. But, next time I mail a coin to Canada...I'll carefully mull over the declaration. 
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Pillar of the Community
Canada
838 Posts |
I've probably waited too long on the sidelines here, as everyone has probably fled the carnage. I have watched with interest for a couple days now, though.
I can appreciate both sides, actually. As a Canadian, I would never ask a seller to falsify a declaration. I lived in the States for 5 years. Oh and by the way, the declaration form is a U.S. form, not a Canadian form. I suspect the U.S. enforces what goes on the form so as to continue to enjoy an amenable relationship with Canadian authorities. We do the same for them the other way.
But on the other hand -- in defense of the other side -- I appreciate the seller (within some legal wiggle-room) disguising the contents as "numismatic item", and declaring a *reasonable* -- yet not necessarily top market -- value.
In short, a buyer who threatens a neg unless the document is falsified is clearly wrong (and probably even should be reported). And a seller who can't bring himself to make a fair declaration (covering his butt while keeping the buyer in mind) deserves less future business. He's risking the success of the transaction.
I'm convinced the moral truth lies somewhere in between these extremes.
PS: I'm surprised the WpgLwr camp didn't come up with the following analogy: You call a cab to the airport. You're running late for your flight. You politely ask the cabby to step on it a little. But, sadly, you get the one cabby on earth who won't speed, even 1 mph. Now even scubu would be ticked if he missed that flight! (admittedly an imperfect analogy)
Edited by bibd 11/20/2009 8:37 pm
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Pillar of the Community
United States
2669 Posts |
Quote: everyone has probably fled the carnage Oh no, we haven't fled. We're watching and reading.. and a few times even laughed coffee out our noses at the various comments. Believe me.. there are a lot more people here than you think 
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Pillar of the Community
 United States
1291 Posts |
 (of the coffee...out the nose...)
Edited by weerdsteev 11/20/2009 9:13 pm
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Bedrock of the Community
United States
10045 Posts |
I don't need a photo of that...the sensation is all too familiar. 
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Pillar of the Community
Canada
1082 Posts |
Coffee...?
Hey, I'm not responsible for your monitor, remember that.
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Valued Member
Canada
464 Posts |
Weerdsteev, I can't believe he asked to keep the bonus coin! lol... I agree with all of the users who would refuse to falsify a declaration. It is a federal offense, regardless of whether it is to enforce unfair taxation. I also agree with WpgLawyer's view that many Canadians feel frustrated over taxation. I personally get upset with ebay sellers who put down "gift" on my packages when they should not, I have never and will never ask anyone to do this. When you send parcels abroad, you will have to go through the export process of your country (mailing the item, and getting permits if required) and the import process of the country you are mailing to. I can tell you from experience that aggravating border officers in Canada with false/misrepresented declarations in person or by mail, is just demanding trouble. If have no qualms about being added to their database of tax cheats, and having your baggage searched each time you re-enter the country, then by all means, go right ahead. Most officers won't bother to charge tax on items that have no duty (like coins: "Numismatic Interest": Tariff Item # 9705.00.00), and are of little value... So don't lie!
Edited by gawd0wns 11/21/2009 12:17 am
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Replies: 66 / Views: 7,895 |
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