Who actually issued the notice - Australian Customs, or the carrier? Normally Fedex, UPS etc have their own customs assessment officers, it's the carrier doing the assessment incorrectly, not Australian Customs.
Fedex made the Assesment. I have emailed the disputes department, with links quoting the definition of what a PM is and how it is exempt from GST. I still don't like my chances, these people seem to have no idea what they are doing. Oh well - learning experience.
fedex....what mongrels they should of done enough shipments of bullion to KNOW net gst not payable on investment grade silver/gold..they are taking you for a ride UPS ftw...(not usps)
I find it disappointing that businesses that are paid to transport goods (professionals transporters you might say) do not know the rules/laws for transporting said goods - this has to be malpractice (or equivalent)
If FedEx are the shippers call them(FedEx) and ask them you want to speak to (FedEx Emplyee) "Jovan Bilic" in the (FedEx) customs department. Tell him it is all investment bullion and the finese is 9999. Let him know the ATO code for no gst/0% input tax is = LPM. Jovan knows what to do. (You fill out a form they email you allowing them to get a refund for the money they already paid the customs dept.) You will still have to pay customs $55.20 You never got this information from me!!!!!!!!!!!!!!! Edit: my wording was a bit misleading
Parcels with Numismatics exceeding $1000 are held at customs, untill they issue a Q number and if all is in order regardless of purchase cost, they are exempt GST, all you will pay is entry fee and this should be end of story untill your goods are given to you. I do this several times a month. I use Fedex as well some times and they have this in order for you when it is picked up, they receive Q number from customs. PM sent with codes to use.
If anyone cares to try this, tell FedEx that Section 37 of the Taxation Administration Act (1953) says that the ATO have already made a public ruling on the subject (GSTR 2003/10) which FedEx are required to abide by. In other words "There is no tax payable so sod off and give me my silver".
I pointed that out at the time.... They are just sodding A%$#oles who don't want to admit they f#$ked up!
So bottom line is, I have been taxed when I shouldn't have. Surely they are legally obligated to reimburse me, then? Or could they still crush me since I have agreed to pay already
Check out this thread for Blockhead's posts. He went through the same ordeal with scamex and obtained a private ruling from the ATO and got the GST$ refunded. Shoot him a PM if you like, I'm sure he'll be happy to fill you in with the finer details.
I have a serious suggestion for you.... FedEx - and their employees - are knowingly breaking the law by charging you GST on items for which no GST is payable. They have been alerted to this fact by literally hundreds of people already, and yet they still continue with this stinking theft. Contact the highest ranked "suite" at FedEx that you can, and tell him/her that in light of their shocking conduct you intend giving them some "free advertising" ... on Today Tonight or A Current Affair ... to alert the public to their illegal activities. We'll see then how long they take before reimbursing you. And let them know that if they try this stunt with anybody else - at least anybody else on SS - the gloves come off and we'll go straight to TT or ACA .... NOTHING is as effective as public scrutiny or even just the threat thereof....
ACA/TT is such an overrated threat. Why not complain to the ATO and ask them if knowingly charging tax where no tax is payable is something they'd consider to be fraud?
Why dont we test the waters and see if FedEx think it an overrated threat. The sheer volume of people who watch these programs every night (in the millions) means its not great news for any company who is acting in an illegal or even immoral way. they would lose business share overnight.
