Item list in Australia but sent from China, 10% GST - Can I get refund?

[lechtronix]

If a seller has an item listed and it says the location of the item is in Australia but they actually send from China, I will most likely be liable to pay the 10% GST for the new import laws. Can I get a refund from the seller under eBay protection for false advertising?

Will resolution centre go in my favour?

[kopenhagen5]

If the seller hasn't sent the item then ask the seller if they will cancel and refund for you.

If it's already sent then No, you can only open a case for INR or INAD, not for false advertising.

You have feedback for that to warn others.

[countessalmirena]

If the item location on the listing states that the item is in Australia, there will be no GST component added (to the best of my knowledge).

If the item is actually coming from China, and the item location is incorrect (misleading), you could contact eBay and complain, telling the CS rep to whom you speak that you are greatly perturbed as this means that the ATO isn't receiving GST on a low-value imported item, and that unless eBay out of their own pocket pay the GST component to the ATO, you will contact the ATO with this.

It would be nice to think that this would prompt eBay to crack down on Chinese sellers misrepresenting item location.

World peace would also be nice.

[enigmabear]

If the seller is registered in China there is a good chance that is where the item will be sent from (even if they claim the item is located in Australia)

If you have not already bought, check where the seller is registered and look at their feedback to see if it mentions items are shipped from China rather than Oz as claimed

I can't comment what eBay will or will not do in such cases where GST from location misrepresentation is involved as I have not had personal experience with that process

[enigmabear]

*Too slow, Bear

[lechtronix]

Yeah, I guessed that. Thing is I know they are going to send from China, but I was just wondering if I would get away with raising this under resolution centre. Most likely cannot.

But, wouldn’t it be a great idea, if eBay DID make them pay the GST and implemented this as a policy, this would definitely ensure they stop doing it!

[countessalmirena]

@lechtronix,

The seller does not pay the GST.

eBay collect the GST from you, the buyer.

If eBay fail to collect the GST from you, the buyer, and remit it to the ATO, then it's eBay's failure. Therefore if you are going to report anyone to the ATO, it will be eBay. That is the only way (in this dream scenario of mine) that item location misrepresentation could possibly have a chance of being stamped out.

(There is already a policy concerning this. The trouble is implementing it against the might of eBay China.)

There are two opposing forces at work here: the might of the ATO, and the might of China as personified by the way in which eBay.cn operates...*

* Chinese sellers on eBay, registered on eBay.cn, get a completely different set of rules and policies. Completely. eBay.cn really had no choice but to cave in to the expectations of Chinese sellers and make it as enticing as possible to list and sell on eBay.cn, because of the competing ecommerce platforms in China and the different rules in China. While eBay.com.au must comply with the current Australian legislation concerning low value imported goods, eBay.com.au doesn't have any authority or power over eBay.cn, so how eBay would even begin to sort this out (because of the two competing stressors), I can only imagine.