Customs Charges

johnfás

This is quite an abstraction so I reckon only people with a good idea of taxation law might know. I know lots of people who in the past have pooled together and ordered clothes off the internet in order to save on shipping costs, say 50 dollars worth each by 5 or so. They inevitably then get caught by customs and asked to pay all the appropriate charges, import tax, vat, administration charges etc.

However, had say each of the parties ordered seperately to the tune of 50 dollars (costing each of them more in shipping) they would be under the requisite importation limits and thus not have to pay any charges.

The question therefore probably really lies in contract law. Whoever 'bought' the clothes is the person who has the contract with the supplier of the clothes. Prima facie they are also the sole importer of the product. However, on the basis that the person what only acting in a manner of organising a 'syndicate' and facilitated the payment of the money, do people reckon that such a group could argue they have say five seperate transactions (although appearing as one) and thus defeat a claim against them for duties?

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My instinct is that in the circumstance one probably would have a right not to pay. However, the hassle in establishing that right would be so onerous as to not be worth the effort.

Any other opinions?

Tom Young

To reverse this slightly, should customs not be looking for 5 separate duties in reality? Rather than someone stating one transaction is in-fact 5. The reality is that the duty is payable across the total [estimated] value of the good imported.

So I'd disagree with your argument that "they have say five seperate transactions (although appearing as one) and thus defeat a claim against them for duties?"



Tom