After a few such experiences as yours, I now state in my EBay auction rules that I won't declare the item to be a gift. Period. If someone asks me to do so I point out that they made their bid per the rules of the auction, which clearly state no gifts.

I used to look at auctions with long lists of rules and wonder why the seller felt compelled to do that - but after a few hundred auctions and lots of overseas transactions, I now understand thoroughly.

- MCC
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Mark Cassino Photography
Kalamazoo, MI
www.markcassino.com
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----- Original Message ----- From: "David Oswald" <[EMAIL PROTECTED]>
To: <[email protected]>
Sent: Sunday, May 08, 2005 12:59 PM
Subject: OT: Import tax



I recently sold a lens on eBay to a Taiwanese bidder. I live in the USA. The bidder, prior to bidding asked how much shipping would be. I gave him a quote, and specified, "That will include shipping insurance. For the purposes of shipping insurance as well as for customs purposes, I will declare the lens's value as being the winning bid value."

After the auction closed, the high bidder asked me to declare it as a gift when I shipped it. I thought about it for a moment and decided not to do so for the following reasons: First, I never had agreed to do that prior to auction close. Second, I felt my statement was pretty clear; I would declare the item's value based on auction value, *for customs purposes*. Third, I saw no reason to do something illegal.

So I shipped the lens as specified previously, declared at its winning bid value, declared as goods, not as a gift.

I am sure that the TW bidder was trying to avoid an import tax. I'm pretty sure I would be participating in something illegal if I obliged. But what are others' opinions here? I know this is off topic, but if anyone has experience it would be someone here in PDML.



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