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There aren't enough courts in the world to process/settle something like this.
Max Stonetrail said:
Is FedEx going to turn around and refund the extra it charged its customers for the tariff? Are those distributors then going to refund the retailer/resellers that they passed the tariff to? Are those retailers/resellers then going to refund their customers/manufacturers that paid extra? Will them manufacturer then refund Target/Walmart/etc for the tariff they passed through? Will Walmart send a tariff rebate check for the particular items to Joe and Sally that were affected by the tariffs that originated when FedEx was tariffed?
Just curious, because in the distribution / manufacturing world, this is a realistic supply chain scenario.
There aren't enough courts in the world to process/settle something like this.
Tex100 said:
https://www.foxbusiness.com/economy/fedex-sues-trump-administration-full-tariff-refunds-supreme-court-ruling-ieepa
Did they raise their prices to cover tariffs? It wasn't in violation of a statute.
richardag said:Tex100 said:
https://www.foxbusiness.com/economy/fedex-sues-trump-administration-full-tariff-refunds-supreme-court-ruling-ieepa
Did they raise their prices to cover tariffs? It wasn't in violation of a statute.
quote from the article:So Fed Ex was paying the tariffs that were to be paid buy the companies that actually owed the money for the tariffs?
- The complaint, filed against the government and U.S. Customs and Border Protection (CBP) in the Court of International Trade, alleges FedEx incurred costs to expedite shipments through customs and is entitled to a refund of duties with interest, as well as compensation for the financial harm it suffered.
So shouldn't they send the bill to their customers that actually owed the money and then those companies sue for their refunds?
BMX Bandit said:
do you blame them? How else would you expect a company that was wrongfully taxed to act? especially given the government said that anyone paying the tariff could get that money back if they prevailed
If you were wrongfully taxed and won a lawsuit against the government on that issue, wouldn't you expect a refund?
stallion6 said:BMX Bandit said:
do you blame them? How else would you expect a company that was wrongfully taxed to act? especially given the government said that anyone paying the tariff could get that money back if they prevailed
If you were wrongfully taxed and won a lawsuit against the government on that issue, wouldn't you expect a refund?
How did you determine "wrongfully taxed"? CNN tell you that?
BMX Bandit said:Quote:
There aren't enough courts in the world to process/settle something like this.
This is not remotely true. there are already courts that handle this very thing.
fedex paid taxes to import these goods. maybe they passed that on directly at the point of sale to customers, maybe they have not yet. does it matter? that is not a legal issue for a court to get involved in.
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Again, FedEx was not taxed.
They chose to "expedite", without consent and charging the receiver an extra fee on top of the tax.
What refund is FedEx owed?
It's the final customer/receiver who is owed.
BMX Bandit said:Quote:
There aren't enough courts in the world to process/settle something like this.
This is not remotely true. there are already courts that handle this very thing.
fedex paid taxes to import these goods. maybe they passed that on directly at the point of sale to customers, maybe they have not yet. does it matter? that is not a legal issue for a court to get involved in.
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My Canadian girlfriend
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" Sovereign immunity protects government agencies from lawsuits unless they consent to be sued"
chris1515 said:
Any publicly traded company that does not fully pursue a refund will almost certainly face a flood of shareholder lawsuits. It feels to me like every company has a duty to their shareholders to pursue this regardless of how they feel about it politically.
BMX Bandit said:Quote:
There aren't enough courts in the world to process/settle something like this.
This is not remotely true. there are already courts that handle this very thing.
fedex paid taxes to import these goods. maybe they passed that on directly at the point of sale to customers, maybe they have not yet. does it matter? that is not a legal issue for a court to get involved in.
BMX Bandit said:Quote:
Again, FedEx was not taxed.
They chose to "expedite", without consent and charging the receiver an extra fee on top of the tax.
What refund is FedEx owed?
It's the final customer/receiver who is owed.
this is a good point and I should not have specified fedex because I don't know what they specifically paid (though the law suit says they did pay tariffs).
on that type of upcharge, I agree with you. that is different than paying the tax itself.
So lets look at this broadly. If a company paid tariffs under this action, shouldn't they expect to be reimbursed? the administration took the position they should.
BMX Bandit said:
So lets look at this broadly. If a company paid tariffs under this action, shouldn't they expect to be reimbursed? the administration took the position they should.
BusterAg said:BMX Bandit said:
So lets look at this broadly. If a company paid tariffs under this action, shouldn't they expect to be reimbursed? the administration took the position they should.
That was a really, really boneheaded move IMO. They didn't really need to take that position. It was pretty reckless, and they gave up the whole war now after losing the first battle.
Tex100 said:
https://www.foxbusiness.com/economy/fedex-sues-trump-administration-full-tariff-refunds-supreme-court-ruling-ieepa
Did they raise their prices to cover tariffs? It wasn't in violation of a statute.
BMX Bandit said:BusterAg said:BMX Bandit said:
So lets look at this broadly. If a company paid tariffs under this action, shouldn't they expect to be reimbursed? the administration took the position they should.
That was a really, really boneheaded move IMO. They didn't really need to take that position. It was pretty reckless, and they gave up the whole war now after losing the first battle.
its a position they took so that the injunction would be stayed until the appeals were finished.
Quote:
The refunds will go to the people or entities who actually wrote the check for the tariffs (or authorized the EFT or sent a wire, whatever). The refund has nothing to do with the incidence of the tax, who bears its ultimate burden. A foreign company that reduces its border price so the cost to its US customers remains the same post tariff is, in a sense, "paying" for the tariff. But the entity that is owed a refund is still the US company that imported the item, sent payment to US Customs and Border Protection for the tariff and collected the goods from customs.
Tex100 said:
https://www.foxbusiness.com/economy/fedex-sues-trump-administration-full-tariff-refunds-supreme-court-ruling-ieepa
Did they raise their prices to cover tariffs? It wasn't in violation of a statute.
BMX Bandit said:
a company paying $100 in tariffs should be reimbursed $100. etc
if they directly passed that on to a buyer, that is an issue between company and buyer. it does not change the amount the government owes them
