Help ? GST on Gold Bullion Through FedEx

[Blockhead]

but not ALL silver and gold etc is gst free. proof coins, numismatics, etc. They can argue that they are not familiar enough with what is strictly investment bullion and what is collectible. We know it's total bullsh*t but if you were actually trying to sue them over the issue i guarantee they would create sufficient doubt to convince a judge.

 

[silversardine]

but not ALL silver and gold etc is gst free. proof coins, numismatics, etc. They can argue that they are not familiar enough with what is strictly investment bullion and what is collectible. We know it's total bullsh*t but if you were actually trying to sue them over the issue i guarantee they would create sufficient doubt to convince a judge.

Every job/business has aspects of it that do not fit the norm or that fall under more specialised knowledge. There is usually someone who takes it upon themselves to handle problems or find out about certain things and they gather that knowledge. If not then someone is actually allocated to it. It should be no different in this case. They don't need to know about every numismatic item, but they surely can make a few notes on investment bullion characteristics.

 

[Blockhead]

preaching to the choir, i'm just saying that that is the legal excuse they will use to avoid culpability in a potential lawsuit. They pulled it on me and i told them basically what you just said when i applied for a refund. I believe i said 'there is a finite range of bullion products that fit the criteria of precious metals and it would not take a great deal of effort to research these and develop an internal policy'. They just said, we will pass your comments on to our customs department for research.

 

[silversardine]

preaching to the choir, i'm just saying that that is the legal excuse they will use to avoid culpability in a potential lawsuit. They pulled it on me and i told them basically what you just said when i applied for a refund. I believe i said 'there is a finite range of bullion products that fit the criteria of precious metals and it would not take a great deal of effort to research these and develop an internal policy'. They just said, we will pass your comments on to our customs department for research.

Hehe....yes, I know!

Actually what got me started on that note was the court/judge issue. What I forgot to put in there was that I would have hoped that is what a judge would say about the matter of them arguing that it was ''too hard for them to know all the details of PM's". Therefore it may not be such a bad idea if it went down that track.

 

[Ronnie 666]

Well .... I got the ATO ruling in my favour (at last) and I have sent it to Fedex. No refund yet and they will not take my calls. Ms Megan White is the manager and she does not deal with the public. Mr Mark Asplet of the legal department send me this note :


Thanks Ronnie,

Refunds, "Taxation Advice" information for your perusal

Thanks Mark

With an attachment which is the ATO ruling that I originally sent him. I tried calling him to ask him what he wants but he is not available to take calls.

IS THIS A COMPANY WE NEED TO DEAL WITH ????

No way !!!

 

[Blockhead]

i processed everything by email, didn't take altogether too long to get processed.

autaxdisputes@fedex.com

include your tracking number and a copy of the ruling.

 

[Ronnie 666]

i processed everything by email, didn't take altogether too long to get processed.

autaxdisputes@fedex.com

include your tracking number and a copy of the ruling.

Thanks Blockhead. The ATO ased me to give them 5 working days to refund the GST thats up tomorrow. Their instruction was to call them back as they will be contacting FedEx. I will give them first shot. This whole thing makes me ill. They have taken my money, thier action is considered illegal by the ATO and yet they do nothing. They will not take my calls now and do not respond to e-mails.

 

[Ronnie 666]

Hi Blockhead

Sorry yes Fedex has a copy of the ATO ruling and my claim; but no payback after 5 working days. If I had a few $100,000 to burn I would take them on. They would not go to court -with an ATO ruling against them.

 

[Dwayne]

Could you take them to small claims tribunal? That doesn't cost you much and they have to show up to defend the claim or be judged against.

 

[vektor]

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 !!!

This would be amusing except for one thing.. We all must have noticed a bunch of people seem to have jobs that are quite 'important', yet don't know an effin thing... Its an epidemic!

 

[Haggai 2:8]

Hi Blockhead

Sorry yes Fedex has a copy of the ATO ruling and my claim; but no payback after 5 working days. If I had a few $100,000 to burn I would take them on. They would not go to court -with an ATO ruling against them.

I too sent my private ruling to fedex's tax dispute email address about a week and a half ago. Gave them a call to follow up and was advised it normally takes them 2-3 weeks to give an answer.

 

[Yippe-Ki-Ya]

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?

Would have been interesting if you could have pressed the ATO representative whether the ATO would therefore press charges against FedEx based on the fact that they had "broken the law" ...

 

[Yippe-Ki-Ya]

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.

I dont believe that there has ever been a problem with UPS charging GST on bullion ... I know i had no problem with them.

The PROBLEM is FEDEX ... not UPS

 

[Yippe-Ki-Ya]

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.

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).

+1

mate - for once we think alike...

 

[Yippe-Ki-Ya]

damned fedex, seriously want to sue them if i can find legal grounds

I'm pretty sure that - armed with the appropriate sections of the GST act which has been provided on this forum numerous times - you would beat them easy peasy in the Small Claims Court.
I doubt they would even show up which means you would be awarded a default judgement.

 

[Yippe-Ki-Ya]

blackmail - they can argue that it is not their responsibility to interpret tax law, hence referral to ato for private ruling.

they could argue that for sure, but given the plain to understand English (which they have been made painfully aware of) which clearly states that bullion is not taxable for GST purposes i doubt their argument would carry much merit.

 

[Big A.D.]

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.

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).

+1

mate - for once we think alike...

I suspect we might think a like on a number of things. On this issue, FedEx are clearly and obviously wrong.

I'd be very interested to see what happens if anyone took their case to a Small Claims Court too. In fact, if anyone does, I'll pay the filling fee for you.

 

[silversardine]

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.

I dont believe that there has ever been a problem with UPS charging GST on bullion ... I know i had no problem with them.

The PROBLEM is FEDEX ... not UPS

I took this to be Maggie just sharing her discussion with UPS in regard to potential changes. But, if she used UPS instead of Fedex it was probably just a slip of the keyboard!

 

[Maggie]

Hi Silversardine, no I use UPS more than Fedex, I only use Fedex when I do not have any other option. UPS rang me as I said and I have spoken to the same gentleman a few times and they are doing everything they can to help all customers. I do not have any problem with UPS.
I do have more problems with Fedex than I care to mention and I find when they are asked to show cause for their actions I too get no reply. I now have changed my tactics and take the problem to the company who use only Fedex. To date Apmex have stated if I choose to have another agent pick up any future orders then I must arrange it myself. I have found Royal Silver Company, CEO Brian McConnell to be the only one listening and hopefully going to do something about the problem concerning us all, that are subject to Fedex and their demands, which after many calls and call backs from the ATO. I have been told that Fedex is acting against the Law charging GST on GST Exempt products.
I like many of us, won't give up. They are no better than a Leech.
Regards Maggie

 

[Big A.D.]

Question: what is the ~$65 Customs processing fee actually for if it isn't for assessing the amount of tax payable on an import?

That is, aren't you paying $65 to Customs so you don't have to go through all this crap with FedEx?