Help ? GST on Gold Bullion Through FedEx

I have recently purchased the first issue of a set of gold bullion coins (each 1 troy once of 0.9999 gold). This set is produced by an overseas mint and they mail me the coins as they are released each year. Yesterday I received a call from FedEX (Sydney) asking me for $259 GST. I refered them to the legislation ruling GSTR 2003/10 which has appeared many times on this forum. They claimed to know the legislation "well" and informed me this is a grey area and that unless I paid the GST or produced a ATO ruling specific to this specific coin they would be forced to send it back. Having already paid for the coin and knowing that I would be very unlikely to ever see it again if it was returned to the sender I paid the GST. I have since contaced customs and the ATO (both very easy to deal with by contrast to FedEx) and have applied for an indevidual ATO ruling (very easy). If I get that I intend to go to FedEx to get my money back. The ATO representitive indicated that FedEx has broken the law by charging me GST on a "0" rated item. Has anyone else been held ransom by FedEx?

 

http://forums.silverstackers.com/to...ly-for-a-private-gst-ruling-from-the-ato.html

 

Thank you Spannermonkey. I did know the legistation and by good luck completed the ATO form correctly. I have done all that and will be contacting the overseas mint to advise them to change their agent to UPS.

 

An update to amuse all. Mate of mine bought the same coin delivered today from FedEx - no GST charged. Contacted Fedex and eventually got put through to the General Manager of Custom Clearances - After a few minutes of discussion it was clear she did not know what a bullion coin was, did not know what 0.999 meant and was unfamiliar with the legislation. When I challenged her on the issue that I had full details and the tracking number of the identical coin that was sent out without GST today - she folded. Her plea was the law is too complex for her to understand (isn't that her job ????) and so her policy was to charge GST. Perhaps she should talk to a lawyer ??? Still would not refund me the GST until the ATO gave a ruling which can take up to 4 weeks.

I agree boycott FedEx until they stop making their problems our problems !!!

 

Just a further update on FedEx. ATO called me to ask if the bullion coin was a one off or a regular purchase. I have no idea why they would ask me this but told then the 1oz 0.999 Au bullion coin is realeased once a year for 3 years So 2 more 1oz coins to go (2012 and 2013) ? In the meanwhile I have several mates who also purchased these coins. Of these half (like me) were charged GST by FedEx, the other half not. All arrived over a 1 week period and all through FedEx. I have the tracking numbers and all details. I will wait for the ATO but this will be interesting - funny it takes 4 weeks for this ruling. I would hate to rush anyone. I have contacted the overseas mint who is reviewing their courier to Aus. They tell me that next year I can use any courier.

 

Yes Apmex are finding out that Fedex is not the courier to use, this is because recently they have had so many complaints from customers in Australia. They realise that we the people won't deal with any company that uses Fedex. Keep it up everyone, we are being heard.
Silver stackers members have the power to make the changes that count.

 

Excuse the simple way I see things, but isn't it the ATO that should seek the reason why Fedex can charge GST on goods that are seen as GST exempt, as Fedex pay the money you pay to Australian customs.
I have stated this as simply as I can, knowing the work that many have done, Blockhead I know has put many hours in and many others, Ronnie666 you also have played a part, the more people who speak up, have to be heard to make a difference.

 

Hmmm... I got a response saying sorry for the trouble UPS have caused and asking if there was anything they could do to help out. I replied saying to come and look at all the people complaining here and that we wouldn't use FEDEX. I didn't get a response after that though.

However I think perhaps they did have a look (no doubt others have mentioned this site too) and if more people keep commenting then we will be heard.

Do we know when there will be a change - the info on the website can't be trusted as we don't know when it was updated.

By the time we email them and get a response (customer service replied saying email to another address - I asked them to forward it for me, as part of the "customer service".) three days go past.

I also agree with Maggie that the ATO should be checking on Fedex not the purchaser and perhaps Ronnie666 can ask about this if they get back in contact. Maybe once Apmex change their procedure we can all bombard the ATO with similar emails.

 

Hi Silversardine, I have every intention to make them (FedEX) squirm. My interpretation is that they (FedEx) could not be bothered to find out what the law is. It is a bit complex so who can be bothered.
I only hope that the ATO provides me with the correct ruling and once I get that the four of us who imported these coins and paid GST will ask the ATO to investigate FedEx. We would like to know why Fedex applied the law differently as there are four others who imported these coins and unlike us did not get charged GST. I think whatever the outcome its going to be hard for FedEx to justify its variable application of the law. I have already told the ATO that I found it strange that some of us got charged GST and others did not and perhaps this should be investigated by the ATO. I will keep you updated.

 

flippin fedex, I still am waiting for my private ruling and gst refund.

Dammit, i wanna burn their office down.

 

Do they?

 

Subscribed to hear outcome

 

Yes, fedex do pay the money to customs. When you get your refund you submit details for a specific tax refund form, I can't remember the specifics off the top of my head. Also the ATO claimed they cannot instruct a company what to do, only answer a specific question pertaining to the tax code. When I emailed fedex I wrote a spiel about how I network with a community of bullion importers and how it would be in their interest to be viewed as a company that was proactive with identifying the finite range of bullion products that are exempt from gst. They just replied saying they forwarded my comments to their customs brokers for "research and consideration". They don't give a toss and neither do the ATO. They are large corporations and individual comments rarely accumulate anywhere meaningful. I suspect tax law will change before fedex policy will. Rather than try change fedex I think our collective energies are better spent getting dealers to boycott them in favor of other companies. It's a free market. Companies that listen to their customers prosper and those that don't fail. Bullion imports are probably less than 0.01% of their business anyway.

 

Just a thought about what may happen in the near future re tax law on GST FOR BULLION IMPORTS. I just spoke to a very helpful gentleman from UPS, who is sending me a form to sign that will go into their system to claim all my bullion imports as GST exempt. However it also indemnifies UPS against any responsibility re future GST legislative changes. I got the distinct impression that something may be afoot in UPS Management re whether to charge GST or not.

 

is apmex back to UPS now?

I hate fedex .... hate hate hate hate hate ....
because they held my money.
if they return with interest i will love them again

 

Do you actually submit that to Customs, or do you submit it to FedEx so they can forward it to Customs?

i.e. If FedEx were just keeping the money and you submit the form to them, what would stop them just tossing the form in the bin and only giving money back to people who bother to complain while keeping the rest for themselves?


(And yes, this is wild speculation about FedEx but it shouldn't be unexpected when they're blatantly ignoring the taxation laws regarding bullion imports).

 

Well, they emailed me a form to complete and sign and fax back to them that was either customs or ato letterhead, i forget which, and also gave the option so supply a bank account number for a direct deposit.

Whilst i see where you're going with this, i find it hard to believe they'd be running a tax withholding scam then directing customers to directly contact the ATO, and then leave that customer with a paper trail that gives them proof.

I think it's just more a case of pure laziness on behalf of Fedex. The line they spun me was that it's not up to them to interpret the GST act as to whether or not a product satisfies the criteria of precious metals, that's the job of the ATO. I suggested that they could do a tiny bit of proactive research and identify a list of bullion products that have been cleared in the past and implement a policy that clears those products. They just said, 'yeah right, we'll take it on board, promise.'

 

Can someone PM me the details of the CEO/MD locally? I am on good terms with the staff at AHA Investor - perhaps some media phone calls regarding their policy might help?
:lol:

 

A phone call to them wanting to do an article on the subject should rattle the cage