ring taxed while traveling

[210045803]

210045803 -

I'm definitely no expert. But I really don't think the rule was properly applied in your case. I'm glad you're going to fight it!

thanks for the support!

 

[210045803]

Not really; if the ring was bought in the U.S., she would - as a Canadian citizen - be charged for importing it to Canada.
If the ring was bought in Canada there wouldn't have been any taxes at all as it would not be considered imported in the first place, but I'm guessing that's not the case - which is also why the form you mentioned (although it's generally very smart, useful and awesome ) wouldn't help here since it only prevents taxation of domestically bought (or already taxed) goods when returning to your country; my understanding in this case is that OP's wife went to the States with no ring and came back with one.

210045803, could you please clarify where did the ring come from and how many times has it crossed the border?

Oh, and regardless of all that? Mister officer was still a giant ******bag.

she went to the USA with a ring on (has had the ring for over 10 months and crossed like 4 times with it on). When I proposed I proposed in montreal so i guess he was saying i illegally brought it into canada to propose when i had went there about 10 months ago. i drove there though and the guy just said purpose of visit i said i'm visiting a friend for weekend (which I was) and he just let me through.

 

[Love_Young]

This really concerns me. Like what do I do if I get refused and of course need to bring things back with me I have gotten while here. I have been living here for almost 2 years and in that mean time gotten a new laptop, a new camera, wedding band/engagement ring, new cell phone, and iPod touch. All of this alone would add up to about $4,000. If his wife was charged $1,500 for just ring then I can only assume I would be charged $10,000 or so. What would I do in this situation? Just mail it and insure it? Yikes. I wish I had thought of this before but obviously you want to give gifts but you don't think of bringing it back at the time especially with staying here so long.

 

[210045803]

This really concerns me. Like what do I do if I get refused and of course need to bring things back with me I have gotten while here. I have been living here for almost 2 years and in that mean time gotten a new laptop, a new camera, wedding band/engagement ring, new cell phone, and iPod touch. All of this alone would add up to about $4,000. If his wife was charged $1,500 for just ring then I can only assume I would be charged $10,000 or so. What would I do in this situation? Just mail it and insure it? Yikes. I wish I had thought of this before but obviously you want to give gifts but you don't think of bringing it back at the time especially with staying here so long.

you would not be charged $10,000 or so you would be charged about 10% not sure the exact percentage (unless they charge you up to 3x because of penalties which he threatened me with.)

I guess we were just unlucky. Now what about laptops. I never declared a laptop that was purchased here actually i never even thought about it but they make you feel like you intentionally tried to smuggle stuff (which was not the case).

 

[Patricksgirls]

As for being patted down this has happened to me re entering the US also. In Pearson last week when I was returning I declared 0 because I really literally was flying back with less than I flew in with. Long story short they searched my luggage looking for "items" and only found clothes. They actually looked disappointed lol. I had my netbook with me that my dad got me for Christmas and had to explain over and over it was not a gift from Canada.
Oddly that last time I entered the Us my van was packed to the top with baby items from my previous three month visit. I thought for sure it was going to be an issue but when I crossed the border agent just asked me to open the trunk and asked what the pack and play was. That was it. When I got back home and unloaded the van I found my fiances expensive stereo system under the seat that we must have missed after we moved him to Toronto. Woops!

 

[fleo]

When I proposed I proposed in montreal so i guess he was saying i illegally brought it into canada to propose when i had went there about 10 months ago.

Ah, I see. And technically... very technically... he is right :/ Unfortunately border officers have a lot of free range when it comes to matters like this, especially if you look at what is suggested by the CBSA to prevent such problems:

Taking the following steps before you leave Canada will make it easier for you to re-enter the country with jewellery:

* Obtain an appraisal report and a signed and dated photograph of each piece of jewellery from a recognized Canadian gemologist, jeweller or your insurance agent.
* Obtain written certification that the items or jewellery in the photographs are the ones described in the appraisal report.
* Take the jewellery appraisal reports, certification statements and photographs to a CBSA office to be validated.
* If the jewellery was purchased in Canada, retain the sales receipt.
* If you imported the goods previously, make sure you have a copy of your receipt.
* Carry the appraisal reports, the certifications and photographs when travelling outside Canada.

No less. : Maybe take the said gemologist with you, just to be on the safe side, so s/he can testify on the way back. :

But yes, I'm sorry to say you guys basically ran into a bully who decided to push his 'rights' as far as he could.

@ Love_Young: No, as OP said, it would most likely come up to 10ish%, plus you probably have a right to personal exemption (that usually depends on the length of your stay), and if some of your things are from countries with free trade agreements with U.S.A. they could be exempt as well. But all of this doesn't matter because you won't have to leave

 

[HoneyBird]

wow..that op really used the law to the max. how horrid. how how horrid.

 

[canamconnect]

I read this and spent a few moments just blinking stupidly. Never mind to go visit loved ones, makes you wary of travelling PERIOD. What an a$$hat!! They do need to either change how much POWER the border gds have or institute more checks and balances to ensure they are using what they do have properly.

I had one really old lady at the Pembina crossing give my fiance a hard time and would not let him cross as she "did not believe in meeting people over the internet"! I was shocked that nevermind he passed all their other requirements with flying colors but then she could impose her OWN moral standards on her job!

This whole process has opened my eyes and I am quickly getting rather disgusted with a loto f my own country men. Sigh.

Also have been debating filing app as a common law couple instead of waiting to get married but don't know if that puts our chances down more considering we are already going to be applying while he is "out of status".

Almost makes you wish it was 100 yrs ago and you wanted to go live somewhere else you pretty much just picked up and went!

 

[piker751]

I cross the border several times weekly. One thing to remember is when the Canada border agent asks"do you have anything to declare?" It is up to you to disclose what you are bringing into Canada that will be remaining in Canada. A false statement can lead to permanent refusal.

 

[210045803]

I cross the border several times weekly. One thing to remember is when the Canada border agent asks"do you have anything to declare?" It is up to you to disclose what you are bringing into Canada that will be remaining in Canada. A false statement can lead to permanent refusal.

she has had this ring for 10 months...she has travelled with it back and forth for the 10 months...she left canada with it...she returned to canada with it...she is a canadian citizen...she didn't do anything wrong...then to bill her on a ring that she doesn't even know the purchase price of is ridiculous...also the ring has scratches on the band because you can tell she's been wearing it...she wasn't trying to smuggle anything in, on top of it he taxed the wedding band too...

 

[PMM]

Hi

she has had this ring for 10 months...she has travelled with it back and forth for the 10 months...she left canada with it...she returned to canada with it...she is a canadian citizen...she didn't do anything wrong...then to bill her on a ring that she doesn't even know the purchase price of is ridiculous...also the ring has scratches on the band because you can tell she's been wearing it...she wasn't trying to smuggle anything in, on top of it he taxed the wedding band too...

If the ring was bought outside Canada, then it should have been declared when it was brought into Canada. From reading the posts it appears that it was never declared. (its called smuggling) If it was purchased in Canada, then there would be a Canadian receipt and the taxes and duty would be refunded.

 

[HoneyBird]

I understand your point PNM, but its brutal eh?

 

[fleo]

What bugs me is not so much the brutality of it, but how far out of his way that border officer went to make someone's life miserable. (No, he didn't do it to protect and serve, even though PMM is right and the ring should have been declared when OP first entered the country with it.)

The thing is, the ring was given to a Canadian citizen, in Canada, as a gift. On what grounds was she held responsible for import taxes and duties? Unless she is her husband's legal guardian, what and how he gets in and out of the country is entirely his business.

Secondly, how were the taxes calculated? No receipts were shown, no appraisal conducted, so the fee was based on a number person X gave the officer over the phone, and then paid by person Y (who didn't actually purchase the item). I'm no expert, but that sounds like a less than official approach

And finally, because personal jewellery is very rarely taxed if it's openly worn and obviously not new (because people don't normally go through the trouble of documenting it before they leave, rarely keep receipts, tend to wear items given to them by dead grandmothers, and all in all it is a very unpleasant matter for customs to get into), and since the OP and his wife have had problems before, one cannot escape the impression this was done specifically because the border officer knew OP's wife has a husband in the USA and when he noticed the ring he decided to cause a fuss. Add to that phone threats, mentions of arrest and whatnot, and it comes down to bullying.

 

[spacey]

This is a real eye opener and I find it really scary. I wore my e-ring back with me and didn't even think to claim it- I would have. I wore it every day for close to four years and it was from my husband- I never thought to ask where it was from. Sad that something so special can cause so many problems when you run into a IO like that. I really hope this doesn't tarnish the ring in her eyes.
Under this type of approach we should all be carrying recipts for anything we have with us when crossing the border because this day and age how do you prove the duty has been paid otherwise (I do know this is a one off and not the norm).

 

[210045803]

This is a real eye opener and I find it really scary. I wore my e-ring back with me and didn't even think to claim it- I would have. I wore it every day for close to four years and it was from my husband- I never thought to ask were it was from. Sad that something so special can cause so many problems when you run into a IO like that. I really hope this doesn't tarnish the ring in her eyes.
Under this type of approach we should all be carrying recipts for anything we have with us when crossing the border because this day and age how do you prove the duty has been paid otherwise (I do know this is a one off and not the norm).

carry a receipt because you can't prove you paid taxes otherwise...looks like we will no longer travel with expensive stuff anymore...ridiculous what the world has come to...i am more bothered at the fact that after this whole ordeal i said how do we prove we paid duties so next time this doesn't happen...carrying a receipt for the rest of our lives is ridiculous...he said let's worry about one thing at a time.

it had nothing to do with her and she ended up paying the taxes on it...she received it because i proposed to her with it in her own country...furthermore this is an invasion of privacy...what if it was a secret where i bought it at and how much i paid (which it was private)...he had the nerve to say i'll fold the receipt so she doesn't have to read how much you paid yet she will see how much it was taxed....