[b]DO NOT USE FED EX[/b]

[kitesurfer]

I run a small business which sells kitesurfing equipment and other kites and have recently been doing a lot of business on ebay. My ebay sales are good and I have had quite a few orders from around the world, and hav esent them many times using UPS or POST VAN...DHL

However about 3 months ago I sent a £400 kite that was already discounted to near trade price as it was an older model to a private address in NZ using FED EX :x . After about 1 month I got a letter of fed ex asking for me to pay the tax on this item i had sent to NZ. On the manifest that Fed ex give you you will see a box that has 2 or 3 options saying..I will pay..customer pays etc I ticked the box saying customer pays all tax's.

I phoned Fed ex and told them that I ticked the box and they replied that it does not matter if I did or not because if a person decides not to pay the tax the debt lies with me. Now in the past I have bought items from overseas and have not been able to recieve the item untill I have paid any outstanding tax.

Has this happend to anyone else?

I am also refusing to pay it even though its only £44 and they are looking at legal action...Does anyone know if I make say a very small payment such as £4, will it delay any action and keep messing them around as much as possible.

FED EX SUCK :evil:

[Sarah-Ink Promotions]

in my opinion as soon as you pay you are admitting liability - I would ring and ask to speak to your account manager or the supervisor and follow up the complaint in writing. I would also ring their accounts department and explain why youarent paying the invoice and put that in writing as well - compnies dont often take things further if the invoice is officially 'in dispute' and will wait for the matter to be cleared up

good luck! :)

[VeryMark]

Speak to Jonathan of Hands On who's usually around on these forums.

[bwglaw]

Thanks Phil :)

This is an importation tax issue that I could not explicitly advise on because it goes outside the scope of commercial law. However, as to the liability issue of who is responsible for importation tax, as you have declared that the recipient is liable for the tax upon recieving the goods in their country i.e. NZ then it is likely they will be liable for the tax.

Fed Ex should have collected the tax from the recipient in accordance with the importation tax laws of NZ. I cannot see a supplier sending goods overseas being liable for a tax as this would be exportation.

On a personal level, I have purchased items from Singapore and I was liable for the importation tax according to the laws of England and Wales because I brought commercial goods into the UK

You have the option to either seek advice from a solicitor that covers revenue law, or you can see how far, if at all, Fed-Ex will pursue the matter for such a small amount of money.

The above may not be of much help because it goes out of my area of expertise. I would be able to expend some time to look into the matter but speaking to a revenue/importation specialist may be your best and quickest option.

You can search for a solicitor at http://www.solicitor-online.com

Additionally, some insurance for commercial purposes provide a legal advice helpline and you could call them for advice on the matter.

[kitesurfer]

thanks guys..your all stars