is this even legal? (ebay) - GoFuckYourself.com

iwantchixx · 07-30-2004, 05:02 PM

ok

GST = something all residents pay
PST = Provincial tax
HST = GST + PST

I won an ebay item. I am located in NB. He is located in ON.
He is trying to charge me NB HST when the auction clearly states the following:

Ontario orders will be charged 8% PST and 7% GST.
Rest of Canada 7% GST

No where does it say I have to pay my own provinces PST.

I have already paid him based on just GST and now he wants 6 bux more. I know it's only 6 bux, but it's the fact of the matter. I was not willing to spend more than I did, that is why I made the bid at the price I did.

Legally he is not entitle to my own province's PST part of the HST. Am I right?

I told him via email and on their sales line to either dop the surcharge or I will charge back by monday.

Auction item is http://cgi.ebay.com/ws/eBayISAPI.dll...tem=4132211711

Your thoughts on this? What would you do? Would you pay the 6 bux and let him get away with his little scam? or would you chargeback against a powerseller?

B40 · 07-30-2004, 05:04 PM

If you're not in Ontario he can't charge you that 8%....it even says on his page the rest of Canada is 7% only

freeadultcontent · 07-30-2004, 05:05 PM

Pay the extra tax. It is plainly listed with the auction, your fault for not reading it.

zanycash Pete · 07-30-2004, 05:06 PM

So long as it's disclosed up front!

wyldblyss · 07-30-2004, 05:07 PM

No he can't legally do that. Since they are located in Ont (as I am) they only collect and submit the PST. They don't have the forms or the legal power to collect other provinces taxes...the main reason being is that provincial sales taxes are only payable if the transaction takes place in that province...since you both live in different provinces no provincial sales taxes are payable.

jact · 07-30-2004, 05:11 PM

I bought a stack of computers from these yahoos a few months back, I called in advance to make sure my shit would be ready and they assured me it would, so I made the 4 hour drive to their location to pick them up, and they hadn't even started building the computers.. They made me wait an hour and a half while they did, and didn't even bother to test them (Didn't even bother plugging them in). Those guys are fucking jokes, if they insist, just tell them to go fuck themselves and buy it somewhere else. Seriously.

iwantchixx · 07-30-2004, 07:03 PM

Quote:

Originally posted by freeadultcontent
Pay the extra tax. It is plainly listed with the auction, your fault for not reading it.

where does it say that? show me.

almighty · 07-30-2004, 07:08 PM

people always try to slide extra taxes in as within the states as well I had a webhost located in michigan that charged me michigan tax and I fucking live in florida and they have no office in florida there for they could not do it so to say I have left them for a much better host that is located in florida and does not charge me tax

07-30-2004, 08:32 PM

Quote:

Originally posted by iwantchixx
ok

GST = something all residents pay
PST = Provincial tax
HST = GST + PST

I won an ebay item. I am located in NB. He is located in ON.
He is trying to charge me NB HST when the auction clearly states the following:

Ontario orders will be charged 8% PST and 7% GST.
Rest of Canada 7% GST

No where does it say I have to pay my own provinces PST.

I have already paid him based on just GST and now he wants 6 bux more. I know it's only 6 bux, but it's the fact of the matter. I was not willing to spend more than I did, that is why I made the bid at the price I did.

Legally he is not entitle to my own province's PST part of the HST. Am I right?

I told him via email and on their sales line to either dop the surcharge or I will charge back by monday.

Auction item is http://cgi.ebay.com/ws/eBayISAPI.dll...tem=4132211711

Your thoughts on this? What would you do? Would you pay the 6 bux and let him get away with his little scam? or would you chargeback against a powerseller?

Depends on how much you value your ebay rating. He is obviously pulling a scam but you know for sure he is going to leave you negative feedback. You definately shouldn't have to pay the PST.

xclusive · 07-30-2004, 08:35 PM

I think you should stand up to your rights but as was mentioned before is $6 worth a negative to your ebay rating? It's up to you to decide.

emthree · 07-30-2004, 08:40 PM

I've had to pay close to $400.00 NY tax on an ebay auction, the guy was located in the city.

I only noticed this after everything was processed, it's tuff to fight a 2k+ Power Seller. Just take it as a lesson learned, and save yourself the hassles. That's not much money to loose in your case.

TweetyBird · 07-30-2004, 09:28 PM

Quote:

Originally posted by zanycash Pete
as long as it's disclosed up front!

yah, I guess so...

Spunky · 07-30-2004, 09:29 PM

Stop whimpering

mouellet · 07-30-2004, 10:30 PM

You'll be finding less and less places/people online who won't be charging you the full HST anymore. Most people just haven't been bothering to comply, but I guess the Atlantic Provinces have been flexing their muscle or something.

http://www.ctf.ca/articles/News.asp?article_ID=162

"At first, the planned harmonization seemed only to affect businesses operating in the three harmonized Atlantic provinces, but it is now clear that any business is affected if it makes supplies to recipients in these provinces or acquires goods and services from vendors there. It is irrelevant where a business resides; the place where the goods or services are supplied or deemed to be supplied dictates the applicable tax rate. The place of supply rules are the crux of the HST and determine whether HST must be collected on any given transaction. HST must be collected on most taxable supplies into participating provinces even if a supplier has no presence there, a notable departure from longstanding PST practice. The rules for goods are fairly straightforward. Goods are considered to be sold where they are delivered or made available. If a vendor delivers tangible personal property to a participating province either directly or via a common carrier, it is subject to 15 percent HST. Special rules apply to rentals and leases."

EZRhino · 07-30-2004, 11:20 PM

That cant be legal. WTF

Steen2 · 07-30-2004, 11:27 PM

Quote:

Originally posted by emthree
I've had to pay close to $400.00 NY tax on an ebay auction, the guy was located in the city.

I only noticed this after everything was processed, it's tuff to fight a 2k+ Power Seller. Just take it as a lesson learned, and save yourself the hassles. That's not much money to loose in your case.

True, however it would be like you (in NYC) buying something from Alberta (Canada), and being charged 7% Alberta tax. It's not legal and not right.

07-30-2004, 05:02 PM	#1
iwantchixx Too lazy to set a custom title Industry Role: Join Date: Oct 2002 Location: The Boonies Posts: 12,860	is this even legal? (ebay) ok GST = something all residents pay PST = Provincial tax HST = GST + PST I won an ebay item. I am located in NB. He is located in ON. He is trying to charge me NB HST when the auction clearly states the following: Ontario orders will be charged 8% PST and 7% GST. Rest of Canada 7% GST No where does it say I have to pay my own provinces PST. I have already paid him based on just GST and now he wants 6 bux more. I know it's only 6 bux, but it's the fact of the matter. I was not willing to spend more than I did, that is why I made the bid at the price I did. Legally he is not entitle to my own province's PST part of the HST. Am I right? I told him via email and on their sales line to either dop the surcharge or I will charge back by monday. Auction item is http://cgi.ebay.com/ws/eBayISAPI.dll...tem=4132211711 Your thoughts on this? What would you do? Would you pay the 6 bux and let him get away with his little scam? or would you chargeback against a powerseller?

07-30-2004, 05:04 PM	#2
B40 Confirmed User Join Date: Jul 2001 Posts: 7,020	If you're not in Ontario he can't charge you that 8%....it even says on his page the rest of Canada is 7% only __________________

07-30-2004, 05:05 PM	#3
freeadultcontent Confirmed User Join Date: Oct 2002 Location: "evitcepsrep ruoy egnahc" Posts: 9,976	Pay the extra tax. It is plainly listed with the auction, your fault for not reading it. __________________ Exclusive Ethnic & Microniche Sites

07-30-2004, 05:06 PM	#4
zanycash Pete Confirmed User Join Date: Jun 2004 Location: California Posts: 1,023	So long as it's disclosed up front! __________________ $45 Per Join or 60/40 Rev Share! New Fresh Hosted Galleries And High Quality/Converting Sites! Free Hosting, Free Content, Awsome Free Hosted Gallery Generator! ICQ#249-429-941

07-30-2004, 05:11 PM	#6
jact Confirmed User Join Date: Sep 2002 Location: Oakville, Canada Posts: 9,134	I bought a stack of computers from these yahoos a few months back, I called in advance to make sure my shit would be ready and they assured me it would, so I made the 4 hour drive to their location to pick them up, and they hadn't even started building the computers.. They made me wait an hour and a half while they did, and didn't even bother to test them (Didn't even bother plugging them in). Those guys are fucking jokes, if they insist, just tell them to go fuck themselves and buy it somewhere else. Seriously. __________________ Free agent

07-30-2004, 05:07 PM	#5
wyldblyss Confirmed User Join Date: Nov 2003 Location: The Buck Starts Here Posts: 5,779	No he can't legally do that. Since they are located in Ont (as I am) they only collect and submit the PST. They don't have the forms or the legal power to collect other provinces taxes...the main reason being is that provincial sales taxes are only payable if the transaction takes place in that province...since you both live in different provinces no provincial sales taxes are payable.

07-30-2004, 07:08 PM	#8
almighty Confirmed User Join Date: Dec 2003 Location: at your moms house Posts: 838	people always try to slide extra taxes in as within the states as well I had a webhost located in michigan that charged me michigan tax and I fucking live in florida and they have no office in florida there for they could not do it so to say I have left them for a much better host that is located in florida and does not charge me tax __________________ www.norecip.info

07-30-2004, 08:35 PM	#10
xclusive Too lazy to set a custom title Join Date: Apr 2004 Location: Buffalo, NY Posts: 35,218	I think you should stand up to your rights but as was mentioned before is $6 worth a negative to your ebay rating? It's up to you to decide.

07-30-2004, 08:40 PM	#11
emthree Dialer Kingpin Join Date: Jun 2003 Location: New York Posts: 10,816	I've had to pay close to $400.00 NY tax on an ebay auction, the guy was located in the city. I only noticed this after everything was processed, it's tuff to fight a 2k+ Power Seller. Just take it as a lesson learned, and save yourself the hassles. That's not much money to loose in your case. __________________ • Sell Patches & Pills •

07-30-2004, 09:29 PM	#13
Spunky I need a beer Industry Role: Join Date: Jun 2002 Location: ♠ Toiletville ♠ Posts: 133,944	Stop whimpering __________________ *YOUR INFORMATION HERE*

07-30-2004, 10:30 PM	#14
mouellet Registered User Join Date: Jul 2004 Location: Canada Posts: 16	You'll be finding less and less places/people online who won't be charging you the full HST anymore. Most people just haven't been bothering to comply, but I guess the Atlantic Provinces have been flexing their muscle or something. http://www.ctf.ca/articles/News.asp?article_ID=162 "At first, the planned harmonization seemed only to affect businesses operating in the three harmonized Atlantic provinces, but it is now clear that any business is affected if it makes supplies to recipients in these provinces or acquires goods and services from vendors there. It is irrelevant where a business resides; the place where the goods or services are supplied or deemed to be supplied dictates the applicable tax rate. The place of supply rules are the crux of the HST and determine whether HST must be collected on any given transaction. HST must be collected on most taxable supplies into participating provinces even if a supplier has no presence there, a notable departure from longstanding PST practice. The rules for goods are fairly straightforward. Goods are considered to be sold where they are delivered or made available. If a vendor delivers tangible personal property to a participating province either directly or via a common carrier, it is subject to 15 percent HST. Special rules apply to rentals and leases."

07-30-2004, 11:20 PM	#15
EZRhino Confirmed User Industry Role: Join Date: Jul 2003 Location: couch Posts: 6,258	That cant be legal. WTF