Fedex wanting duty paid for U.S order of 9999 silver

My friends,

Has anyone ordered silver from the U.S for delivery in AU?

I've ordered from Golden State Mint which is being delivered via FedEx.

I've got the tracking number etc but just received a text saying...

FedEx shipment ###### requires your payment of duty and taxes before delivery can be arranged. Please refer to use link to pay now:

Link refers to my tracking number asking $220 be paid in tax / duty.

I was under the impression that silver with a fineness of 999 was duty / tax free in AU?

I've tried calling fedex but no answer as yet.

 

I’ve ordered 24k jewellery from meme and they used FedEx. They made me pay tax/fees and the rest… I guess they would see “collectable” coins the same way. I’ve had better luck with DHL and UPS.

 

I've been required to pay duty (again with FedEx) for Krugerrands, but knowing those are 22k meant I was aware it was going to happen - I also was under the impression that silver once it reaches or exceeds a fineness of 999 is exempt from further costs
That being said, my call was answered straight away when I enquired about it (just because I expected to pay duties doesn't mean I didn't want to verify the additional cost was a legitimate further bill).


This here states that any duties don't apply:
https://www.abf.gov.au/importing-ex...g/cost-of-importing-goods/gst-and-other-taxes

 

There's no GST on 999 silver. I would ask them what the tax is for.

 

https://www.abf.gov.au/importing-ex...ting-precious-metals-coins-jewellery-currency

If it is bullion or not fancy coloured or limited mintage send them that link.

 

The courier companies try this on all the time cos they either don't know the ATO ruling or are seeing if you'll cough up the $ they ask for.

This has come up a few times in the past. Refer link below for some info and direction.

https://www.silverstackers.com/foru...ing-gold-silver-from-usa.101884/#post-1220110


In short, if you can get onto them, you are best served by sending them the relevant link to the ATO re no GST on Ag/ Au or any product which GST is not levied on in Aust. They'll most likely back down but then try and hit you with an admin fee for their time which is also insulting cos they are in the wrong....

Good luck.

 

ATO made GST applicable to imported metals and a heap of other items purchased online totalling more than $1000 a few years ago.

Sellers required to charge and remit GST or customs officials will not send or release goods for delivery to customers until all taxes or duties are paid.

I think if customs is holding onto orders a customer can complain to the ATO but I don't know how many have had the GST or other fees waived or removed.

The interpretation of what is "..in investment form" is where different opinions or decisions have been reached.

Buying your goods in Oz rather than from overseas sellers avoids this being a problem.

 

Update thus far...

Spoke with fedex this morning who asked for the relevant website info etc.

I've emailed them the above link and explanation of investment grade silver @ 99.99 in it's true investment form.

The lady is sending the said information to head office and I await a response.

The truly annoying this is she sent me a copy of the shipping invoice which clearly states from The Mint the package contains investment grade 9999 silver and duty exempt in AU!!


Fingers crossed!

 

Do you have any sort of online link to this?

 

Ok so far so good...

Just had a call from FedEx and went through presious metals with him. (FedEx tax broker)

He sent an email referencing GST ruling GSTR 2003/10 (worth a read)

https://www.ato.gov.au/law/view/pdf/pbr/gstr2003-010.pdf

He then asked for a declaration stating the following.....


1 / 2
DECLARATION OF INSTRUCTION TO FEDEX
Reference: FedEx AWB __________________________
For the purpose of GST, I herby certify these goods are deemed precious metal items.
According to the Goods and Services Tax ruling (GSTR 2003/10) the contents of these items satisfy all of the following requirements to be defined as precious metals and therefore GST Exempt under item LPM.
Paragraph 7-9 as an individual, I fulfil criteria under Section 40-100 of the GST Act
Paragraph 8-11 these are precious metals (in investment form) of at least 99.5% fineness for gold and of at least 99.9% fineness for silver and of least 99% for platinum
Paragraph 12 these are not proof coins and price is determined by the spot price
Paragraph 13 these are not coins of numismatic value and price is determined from the spot price.
Paragraph 14-21 I am NOT a dealer and therefore meet the criteria under Section 40-100 of the GST act. These are in investment form.
Paragraph 22 these are bullion bars or coins
Paragraph 23 the metals bear all the required markings describing metal fineness, content and weight.
Paragraph 24 these are not granules. The bullion bars bear internationally recognised hallmark as required in section 23 and 24
Paragraph 25 there is no jewellery, only bullion bars and/or coins
Paragraph 26 these are NOT collector coins, price is determined from spot price
Paragraph 27 these are NOT numismatic coins
Paragraph 28 price is determined from the spot price of silver, gold or platinum
Paragraph 29 Is capable of being traded on the international bullion market, that is, it must be a bar, wafer or coin and is usually traded at the price that is determined by reference to the spot price of the metal it contains.
Paragraph 30 the silver, gold or platinum is in investment form only.
Paragraph 31 price of each product is determined from the spot price of silver and gold
Paragraph 32 N/A as 38-385 is for dealers in precious metals, I believe my purchases fall under 40-100 and classified as inputed taxed supply
Paragraph 33 there are no granules in the purchases
Paragraph 34-36 there are no bars or wafers in the purchases. The bars carry an internationally recognised hallmark guaranteeing the fineness and quality of the metal
Paragraph 37 these are not proof coins only bullion coins.
Paragraph 38 a) coin price determined with reference to spot price for silver, gold or platinum.
b) the coins are mass produced and freely available to the general public.
c) these are bullion or bullion coins only.
Paragraph 39 these are not proof coins as the price is solely determined by reference to the spot price of silver, gold or platinum.
Paragraph 40 these are not coins of numismatic quality or collector coins.
Paragraph 41 the goods are bullion or bullion coins and bear the marks required in paragraph 22-23 and are of the relevant fineness and therefore should qualify as precious metals for GST purposes.
Paragraph 42 these coins are not commemorative coins, their price is determined solely on its metal content.
Paragraph 43-47 these are not proof coins as their price is solely determined by reference to the spot price and changes daily. There are no other factors that determine the price of the coins. They were purchased at a price close to, and based on, the spot price.
2 / 2
I hereby confirm that I do not fall under Sect 38-385 as I am not a dealer in precious metals and thus qualify for Sect 40-100 and 13-10(b)
I hereby confirm that the bullion, medallions or coins I have ordered meet the criteria of a precious metal and are of investment form as described by s195-1 of the GST Act and the GSTR 2003/10
Therefore, in this case, the GST exemption code LPM is applicable. I hereby request Federal Express Australia Pty Ltd to submit an Import Declaration to the Australian Customs Service claiming GST exemption LPM.
I understand that there are administrative penalties in place for failing to comply with the GST Act and regulations.
The statements in this declaration are true and correct in every particular.
Full Name
Signed

In brief it looks like I should be getting the Silver through..fingers crossed.

 

No I only recall it being discussed and complained about by people on here

 

Once again where is the Online link to this? There is no GST imports duty on Bullion products

 

Remembering the wonderful Maggie who used to buy/group buy stuff from overseas.

She dealt with and sorted any issues with the sellers and any mucking around with Customs etc. and gave a lot of us a way to get hold of a lot of silver that was generally way harder and expensive to do so individually.

 

General rule of thumb re ATO and the imposition of GST....If the good being imported regardless of value (including more than AUD1,000.00) is not subject to GST when sold at retail in Australia, GST cannot be applied / charged on the same type of item if imported...ie 999 Ag or Au.

 

Well the saga continues...

Looks like the duty / gst has been waived but still owing as follows...

CUSTOMS DUTY 0.00

IMPORT DEC N10 AIR CHARGE (GOODS VALUE<$10,000) 50.00

GST ("ON IMPORTATIONS") 0.00

WET 0.00

AQIS − ENTRY CHARGES AIR 38.00

TOTAL AMOUNT PAYABLE 88.00.

Tried to ring for clarification but as it's a public holiday no answer...

Research shows these are administrative fees for the lodging of the declaration etc.

Starting to regret this venture!

 

Customs is good at charging any additional amount they think they can get away with... I'm sure it's something along the lines of "we'll slug them with GST, and if they're too smart to pay that when whatever's coming in isn't subject to GST, we'll just bill them for the fact of us actually doing what we're supposed to do".

If I remember correctly (going through my emails now to see if I can find my own previous communication with those bastards), I believe there was a similar amount incurred on the Krugerrands I bought previously - I think I argued that matter for a couple of days then gave up and just paid it in an effort to put an end to the pointless back-and-forth exercises in futility. It's probably not much help at all, but I believe at this stage there's no way out apart from either pay the ransom for release or let the package be returned to sender...

 

This is not a Customs charge, its a Fedex charge for them to complete the paperwork and for clearance. Just pay the amount and next time perhaps UPS for Receiving