Subject: FW: Tax
From: Warren Bolton [mailto:firstname.lastname@example.org]
Sent: Thursday, 21 September 2017 10:04 AM
To: 'email@example.com' <firstname.lastname@example.org>
I have been buying domains off Godaddy since 2001 and I have never ever paid ‘tax’ the only cost I’ve have paid above the product cost are those to support ICANN.
In case the tax is a ‘GST’ applied because I am an Australian citizen I need to put you on notice of the following circumstances.
Legislation to impose GST on the purchase of goods in Australia was brought into law on 1 July 2000 so during the whole period of time I have been buying domains from you the Australian GST has been operational.
Next, if you are imposing a GST on me because I am an Australian citizen you must be aware that I am not buying an Australian product. The products that I am buying is generated by an American company.
If I travel to America for a holiday and buy a burger in a shop will I be required to pay GST because I am an Australian buying an American product?
Are you imposing a GST on me because of political pressure by the Australian government to do so because I am purchasing products outside of Australia in competition to Australian products and consequently lost tax revenue ?
I am putting you on notice that you are taking yourself into a legal minefield. There is no legislative authority for you to place a GST charge on my purchase of an American product in America no matter from where I, as a purchaser, am located.
I am sure your lawyers will confirm to you that this is correct.
The Australian government does have legislative power to impose a duty on goods imported into the country but those goods are by legislation required to be paid by the person and at the time of import.
I am in fact not importing any goods into Australia.
All the goods are staying in America. They are being held with you, as registrar, by your company which I understand is located within the United States.
I acknowledge that you do have a contact service facility located in Australia but if I go to an American bank and place some valuable possessions of mine into a bank fault I am absolutely confident that there is no way that the Australian government can place a tax on me for that activity even if that bank also had a branch in Australia.
You need to seriously rethink your position on this because if it continues I intend to organise a class action by Australian users of GoDaddy’s products, you see I am of the very firm view that there is no legislative basis for charging that GST tax on my purchases from you - if you are relying on Australian law.
Now if I am wrong in this regards and in actual fact the American federal government or one of the states of America has imposed legislation on you to charge a ‘tax’ on the products you sell then that would be a different story - so in this regards I look forward to your competent advice.
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