customs question, send as gift?

I just sold an item and was asked to mark the customs form as a "gift" as the customer is sending it as a gift. I know that legally I cannot send an item to an international customer and mark the customs form as a gift because it is not a gift, but this customer is actually sending it as a gift but she has paid me. I still do not think it is legal, but I would like to know if any of you have had this dilemma. I think the only way to do this would be to either not mark it as a gift or send it to the customer and then she can send it to the gift recipient? Am I correct?
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Re: customs question, send as gift?

Tell her that it's illegal and you can't do as requested. If she continues to insist, cancel the sale and provide a refund.
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Former_Member
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Re: customs question, send as gift?

It is not a gift from you, it is a business transaction! What happens to the item after customer pays applicable customs and taxes is up to them.

I'd communicate with the buyer to make your position clear before sending it, and be sure she is still interested. Otherwise she can just refuse the package, and you'll be out shipping costs.
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Re: customs question, send as gift?

Thanks for the feedback! Sometimes I just need a little reassurance that I did the right thing. I responded and told the customer it is illegal and am waiting for a response.
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Re: customs question, send as gift?

Correct, if it is a gift FROM you that is appropriate. If it is a gift the buyer is giving, it is NOT legal to do so.

Otherwise every purchase could become a gift for someone, right?

;-)
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Former_Member
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Re: customs question, send as gift?

Wow thanks for asking this question. I am marking this post so I can refer to it in the future. I might have thought if it is a gift from one person to another then I could mark gift. Makes sense that it would have to be a gift from me to them to be considered a gift.
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