Issue with border force incorrectly charging me import VAT

Sandtree

joshnator1 said:

KatrinaWaves said:

joshnator1 said:

bris said:

They obviously dispute all these are truly "gifts". They will also be looking at how many you are getting and lump them all together believing you to be splitting the packages to avoid customs charges.

I can understand that about the 5 together although they are from different people and from different parts of the country. I normally get 1 every 2-3 weeks and they are being charged import VAT.

You have very generous friends if they send you gifts every 2 weeks... 

you also said three were from the same person so those were sent separately to avoid customs? Don’t get me wrong, I’ve done the same, with sellers marking as gift when it’s not, but I realise if I get caught it get caught 🤷🏻‍♀️

They aren’t very high value I normally send money to cover the postage cost. They were sent separately but because of the delay covid has caused they all came in around the same time.

That therefore sounds that they are buying the items on your behalf and they are not gifts... plus whats so urgent about adding items to your collection that covid delays would cause an issue?

KatrinaWaves

Sandtree said:

joshnator1 said:

KatrinaWaves said:

joshnator1 said:

bris said:

They obviously dispute all these are truly "gifts". They will also be looking at how many you are getting and lump them all together believing you to be splitting the packages to avoid customs charges.

I can understand that about the 5 together although they are from different people and from different parts of the country. I normally get 1 every 2-3 weeks and they are being charged import VAT.

You have very generous friends if they send you gifts every 2 weeks... 

you also said three were from the same person so those were sent separately to avoid customs? Don’t get me wrong, I’ve done the same, with sellers marking as gift when it’s not, but I realise if I get caught it get caught 🤷🏻‍♀️

They aren’t very high value I normally send money to cover the postage cost. They were sent separately but because of the delay covid has caused they all came in around the same time.

That therefore sounds that they are buying the items on your behalf and they are not gifts... plus whats so urgent about adding items to your collection that covid delays would cause an issue?

I guess he just means despite being sent at different times the delays bunched them up.

regardless these are clearly not gifts, and customs have got wise to it. 

joshnator1

KatrinaWaves said:

Sandtree said:

joshnator1 said:

KatrinaWaves said:

joshnator1 said:

bris said:

They obviously dispute all these are truly "gifts". They will also be looking at how many you are getting and lump them all together believing you to be splitting the packages to avoid customs charges.

I can understand that about the 5 together although they are from different people and from different parts of the country. I normally get 1 every 2-3 weeks and they are being charged import VAT.

You have very generous friends if they send you gifts every 2 weeks... 

you also said three were from the same person so those were sent separately to avoid customs? Don’t get me wrong, I’ve done the same, with sellers marking as gift when it’s not, but I realise if I get caught it get caught 🤷🏻‍♀️

They aren’t very high value I normally send money to cover the postage cost. They were sent separately but because of the delay covid has caused they all came in around the same time.

That therefore sounds that they are buying the items on your behalf and they are not gifts... plus whats so urgent about adding items to your collection that covid delays would cause an issue?

I guess he just means despite being sent at different times the delays bunched them up.

regardless these are clearly not gifts, and customs have got wise to it. 

Yes because of the delay the bunched them up. I was told by HMRC that they are not allow to assume if they are goods or gifts they have go with what is written on the customs label. Plus it has started happening again months after the first 5 was sent. I was sent one about a week ago under the limit and charges had been applied.

KatrinaWaves

joshnator1 said:

KatrinaWaves said:

Sandtree said:

joshnator1 said:

KatrinaWaves said:

joshnator1 said:

bris said:

They obviously dispute all these are truly "gifts". They will also be looking at how many you are getting and lump them all together believing you to be splitting the packages to avoid customs charges.

I can understand that about the 5 together although they are from different people and from different parts of the country. I normally get 1 every 2-3 weeks and they are being charged import VAT.

You have very generous friends if they send you gifts every 2 weeks... 

you also said three were from the same person so those were sent separately to avoid customs? Don’t get me wrong, I’ve done the same, with sellers marking as gift when it’s not, but I realise if I get caught it get caught 🤷🏻‍♀️

They aren’t very high value I normally send money to cover the postage cost. They were sent separately but because of the delay covid has caused they all came in around the same time.

That therefore sounds that they are buying the items on your behalf and they are not gifts... plus whats so urgent about adding items to your collection that covid delays would cause an issue?

I guess he just means despite being sent at different times the delays bunched them up.

regardless these are clearly not gifts, and customs have got wise to it. 

Yes because of the delay the bunched them up. I was told by HMRC that they are not allow to assume if they are goods or gifts they have go with what is written on the customs label. Plus it has started happening again months after the first 5 was sent. I was sent one about a week ago under the limit and charges had been applied.

I have no idea who you spoke to at HMRC but they absolutely do not have to go on whats on the customs label. They frequently open parcels and look for invoices to see if something is actually a commercial item. Whoever told you the customs label is gospel has no idea and should not be working for HRMC.

powerful_Rogue

joshnator1 said:

KatrinaWaves said:

Sandtree said:

joshnator1 said:

KatrinaWaves said:

joshnator1 said:

bris said:

They obviously dispute all these are truly "gifts". They will also be looking at how many you are getting and lump them all together believing you to be splitting the packages to avoid customs charges.

I can understand that about the 5 together although they are from different people and from different parts of the country. I normally get 1 every 2-3 weeks and they are being charged import VAT.

You have very generous friends if they send you gifts every 2 weeks... 

you also said three were from the same person so those were sent separately to avoid customs? Don’t get me wrong, I’ve done the same, with sellers marking as gift when it’s not, but I realise if I get caught it get caught 🤷🏻‍♀️

They aren’t very high value I normally send money to cover the postage cost. They were sent separately but because of the delay covid has caused they all came in around the same time.

That therefore sounds that they are buying the items on your behalf and they are not gifts... plus whats so urgent about adding items to your collection that covid delays would cause an issue?

I guess he just means despite being sent at different times the delays bunched them up.

regardless these are clearly not gifts, and customs have got wise to it. 

Yes because of the delay the bunched them up. I was told by HMRC that they are not allow to assume if they are goods or gifts they have go with what is written on the customs label. Plus it has started happening again months after the first 5 was sent. I was sent one about a week ago under the limit and charges had been applied.

As Katrina said above, what you have been told is nonsense, and i'm speaking from experience.

born_again

joshnator1 said:

I can understand that about the 5 together although they are from different people and from different parts of the country. I normally get 1 every 2-3 weeks and they are being charged import VAT.

Clearly someone has cottoned on to all these parcels coming in as gifts so often. 

joshnator1

KatrinaWaves said:

joshnator1 said:

KatrinaWaves said:

Sandtree said:

joshnator1 said:

KatrinaWaves said:

joshnator1 said:

bris said:

They obviously dispute all these are truly "gifts". They will also be looking at how many you are getting and lump them all together believing you to be splitting the packages to avoid customs charges.

I can understand that about the 5 together although they are from different people and from different parts of the country. I normally get 1 every 2-3 weeks and they are being charged import VAT.

You have very generous friends if they send you gifts every 2 weeks... 

you also said three were from the same person so those were sent separately to avoid customs? Don’t get me wrong, I’ve done the same, with sellers marking as gift when it’s not, but I realise if I get caught it get caught 🤷🏻‍♀️

They aren’t very high value I normally send money to cover the postage cost. They were sent separately but because of the delay covid has caused they all came in around the same time.

That therefore sounds that they are buying the items on your behalf and they are not gifts... plus whats so urgent about adding items to your collection that covid delays would cause an issue?

I guess he just means despite being sent at different times the delays bunched them up.

regardless these are clearly not gifts, and customs have got wise to it. 

Yes because of the delay the bunched them up. I was told by HMRC that they are not allow to assume if they are goods or gifts they have go with what is written on the customs label. Plus it has started happening again months after the first 5 was sent. I was sent one about a week ago under the limit and charges had been applied.

I have no idea who you spoke to at HMRC but they absolutely do not have to go on whats on the customs label. They frequently open parcels and look for invoices to see if something is actually a commercial item. Whoever told you the customs label is gospel has no idea and should not be working for HRMC.

That would sense, as HMRC have not been very helpful they just avoid answering my questions and try and past me onto another department, I know that they have never opened any of my parcels as they would have to destroy the box to do it.  

MattMattMattUK

joshnator1 said:
I know that they have never opened any of my parcels as they would have to destroy the box to do it.  

I really would not bank on that, Customs are very adept at opening parcels to see what is in there and with X-ray and fibre optic cameras they can see a lot without opening them.

From everything you have posted it would appear that these items are not actually gifts, as such it is right that you have to pay VAT (and any duties) and so will just have to live with the rules.

KeithP

As @powerful_Rogue wrote on Thursday:

To qualify as gifts, goods must be:

1) described as gifts on the customs declaration

2) for a birthday, anniversary or other occasion

3) bought and sent between individuals (not companies)

4) intended for personal use

Did you receive these 'gifts' to mark a birthday, anniversary or other occasion?

A birthday every two weeks?? I don't think so.  

joshnator1

If you understand the Japanese culture of gift giving it would make sense.