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RoadTest Forum Comment on RoadTest Terms & Conditions: Tax Liability
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Forum Thread Details
  • Replies 34 replies
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Related

Comment on RoadTest Terms & Conditions: Tax Liability

rscasny
rscasny over 8 years ago

I read some comments early this week regarding "personal" tax liability as a result of a RoadTest part they received. (As far as customs and/or duties of the shipments we send to RoadTesters, element14 should be paying those taxes. If a RoadTester is being charged for these, please notify me and I will get you a reimbursement.)

 

I think there are two things I wanted to comment on with regard to personal tax liability:

 

1. The RoadTest "Terms and Conditions" says the following:

 

Winners are responsible for all applicable taxes, duties or other charges payable in relation to any prize.

 

If you are a new RoadTester, you should read the T&Cs and get familiar with them.

 

2. In the U.S., if you receive a RoadTest product that is valued over $600, the company is required to issue you a 1099 form (Independent Contractor). This is considered personal income.

 

In hindsight, I guess I could have added a reminder to the RoadTesters who received products valued in excess of $600 as a courtesy. In the future, I will. Most of our RoadTest products are valued less than $100 so this issue doesn't come up very often. I apologize for any inconvenience this has posed.

 

Randall Scasny

RoadTest Program Manager

 

 

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Top Replies

  • jkutzsch
    jkutzsch over 8 years ago +3
    My original post in regards to taxes of close to $2,000.00 on a less than $4,000.00 piece of test equipment was never to cry foul in regards to Element 14. I did it with one intent: 1. To get information…
  • ntewinkel
    ntewinkel over 8 years ago in reply to jkutzsch +3
    I totally agree with you, John, and appreciate you bringing light to the potential income tax liability that comes with a prize. I wasn't aware of that before now. I think E14 is already going above and…
  • Robert Peter Oakes
    Robert Peter Oakes over 8 years ago in reply to gordonmx +3
    I am in Canada and therefor Prize=tax free . I also receive packages weekly from various other sponsors and they fall into the Gift / Sample / no commercial value category and many of them are useless…
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  • Former Member
    Former Member over 8 years ago

    As far as I know, in Latvia, if it is defined as prize or gift, it is not taxable income. There is another issue with EU though, if E14 ships prize from US, on import into EU, receiver of the goods is supposed to pay value added tax, unless that is paid by sender, E14 in this case. VAT rates in different EU countries are different, but generally they are 20% and up, so assuming a $1000 RoadTest item, one would have to pay $200 or more on import into EU.

     

    RR

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  • jlangbridge
    jlangbridge over 8 years ago in reply to Former Member

    As someone who has done some "professional" reviews, this bugs me. From time to time, people send me an email, and ask me to test something. More often than not, it comes from the US. I live in France, and I've seen some pretty heavy taxes. The problem is that people send me "sellable" objects, not samples. When I test a product, I receive it "for free", I write about it, and then, depending on the object, I send it back. When I receive an object with a piece of paper inside saying "Thanks for buying our product!", I can't go to the tax office and credibly say "I didn't buy this". One example was a RISC-V board, the original price was printed at about 50 USD, plus 20 for shipping. In an argument with UPS, I ended up paying close to 50 EUR just to actually get the board and test. The supplier was nice about it, we discussed several options, and I ended up keeping the board. The same argument is currently ongoing with another supplier, who wanted me to test a product. I didn't pay it, but now FedEx are knocking on my door asking for money, since the shipping document didn't say anything about samples. I understand the reasons; you have 50 boxes ready to go, you grab one and send it to the testers, without thinking about the contents. On the other hand, when I tested the NVIDIA Jetson TK1, they sent that out with a little gift for my time, (a GTX 970), clearly stating that the Jetson was a sample, and the GTX 970 was a gift, and that arrived the next day without any additional surprises.

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  • jlangbridge
    jlangbridge over 8 years ago in reply to Former Member

    As someone who has done some "professional" reviews, this bugs me. From time to time, people send me an email, and ask me to test something. More often than not, it comes from the US. I live in France, and I've seen some pretty heavy taxes. The problem is that people send me "sellable" objects, not samples. When I test a product, I receive it "for free", I write about it, and then, depending on the object, I send it back. When I receive an object with a piece of paper inside saying "Thanks for buying our product!", I can't go to the tax office and credibly say "I didn't buy this". One example was a RISC-V board, the original price was printed at about 50 USD, plus 20 for shipping. In an argument with UPS, I ended up paying close to 50 EUR just to actually get the board and test. The supplier was nice about it, we discussed several options, and I ended up keeping the board. The same argument is currently ongoing with another supplier, who wanted me to test a product. I didn't pay it, but now FedEx are knocking on my door asking for money, since the shipping document didn't say anything about samples. I understand the reasons; you have 50 boxes ready to go, you grab one and send it to the testers, without thinking about the contents. On the other hand, when I tested the NVIDIA Jetson TK1, they sent that out with a little gift for my time, (a GTX 970), clearly stating that the Jetson was a sample, and the GTX 970 was a gift, and that arrived the next day without any additional surprises.

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  • hlipka
    hlipka over 8 years ago in reply to jlangbridge

    AFAIK its not about how the item is declared. For taxes and customs fees its doesn't really matter whether its a gift, a sample or sold. What matters who is declared as being responsible for paying it. E14 sends their road test items as "DDP - delivery and duty paid" (this is called 'IncoTerms'). This means they are responsible for all this stuff. When its declared otherwise, you are responsible for it, and the UPS or FedEx come to you with the invoice.

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  • awneil
    awneil over 8 years ago in reply to hlipka

    Hendrik Lipka wrote:

     

    AFAIK its not about how the item is declared.

    I don't think that's correct - but, then, I am not a tax/customs/excise specialist.

     

    AIUI, it is important for stuff to be properly declared & documented along the lines of "sample only - no commercial value"

     

    Obviously, you can't just use the words - you do have to abide by the rules behind them!

     

    https://www.gov.uk/government/publications/notice-372-importing-commercial-samples-free-of-duty-and-vat/notice-372-impor…

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