Is it illegal to go to Hong Kong for purchasing?

First, whether purchasing is illegal depends on the "limit" of the criminal law. The key to distinguish the crime of smuggling ordinary goods and articles from the general smuggling behavior is whether the customs duty payable for smuggling ordinary goods and articles reaches the statutory amount of more than 50,000 yuan. Those below 50,000 yuan are treated as general smuggling, while those above 50,000 yuan constitute the crime of smuggling ordinary goods and articles. In addition to the amount standard, according to the provisions of the Eighth Amendment to the Criminal Law, smuggling after being given two administrative penalties for smuggling within one year can also constitute the crime of smuggling ordinary goods and articles. Purchasing can now take the package tax express delivery, and you can take the express delivery declared by yourself. There is no such thing as tax evasion. Haitao started very early, and both Ocean Terminal and Taobao are certified by international buyers. Second, if it does not exceed a certain limit, purchasing is legal. "Purchasing" does not mean "breaking the law". In fact, there are two kinds of purchase forms that are legal: one is that I buy items with a certain value and quantity from abroad for my own use or as gifts for my relatives and friends; The other is a special purchasing business, but the goods of these businesses are taxed according to law. Announcement No.54 of the General Administration of Customs in 20 10 stipulated that if the total value of personal entry articles obtained by inbound resident passengers abroad is less than 5,000 yuan (including 5,000 yuan), and the amount is limited to self-use and reasonable, the customs will release them duty-free; With regard to mailing, Announcement No.43 of the General Administration of Customs pointed out that if the import tax payable by individuals mailing imported articles is less than RMB 50 yuan (including 50 yuan), the customs shall exempt it. The "Regulations on the Implementation of Customs Administrative Punishment" points out that "self-use" means that passengers or recipients use it for their own use and give it to relatives and friends, not for sale or rental; "Reasonable quantity" refers to the normal quantity determined by the customs according to the situation of passengers or recipients, the purpose of travel and the length of stay. In other words, with certain restrictions, ordinary people can go abroad to buy something without paying taxes and enjoy certain benefits. In addition, the purchasing business can also be carried out within the legal scope. For example, some purchasing websites purchase domestic scarce goods from abroad and then deliver them to customers by express delivery. They will include tax in the final price, or pay the tax when the customer signs for it. This is no problem either. Third, exceeding the limit, not only is tax evasion illegal, but it can't be sold after paying taxes. Of course, we are lucky to go beyond the above laws and policies. Purchasing for tax evasion is illegal, and the behavior of "flight attendants" naturally touches the above laws. But what is more noteworthy is that even if the tax is overpaid, as long as it is changed for profit, it is suspected of breaking the law. The "legal purchase" in customs laws and policies requires "self-use", and such articles have the characteristics of "non-trade", that is, they are not used for sale or rental after entry. Obviously, in the overseas purchasing industry, these goods will once again enter the trade field, so the goods purchased overseas are commodities, regardless of the value, they must be taxed according to the regulations. This means that it doesn't matter whether the purchasing goods reach 5,000 yuan or 50 yuan, because both of them are for self-use and for profit. Even if the single value and quantity are small or for self-use, they should be taxed according to imported goods. Of course, it is difficult to tell whether it is for personal use in reality. Once discovered, the consequences are very serious. Fourth, in addition to direct buyers, it is also illegal to resell purchased goods. During the trial, the "flight attendant" argued that "some goods were purchased from domestic purchasing websites, so this part should not be counted". In fact, no matter who bought it subjectively, it is suspected of breaking the law. The Customs Law stipulates that those who illegally purchase smuggled goods and articles directly from smugglers shall also be investigated for legal responsibility. Because many purchasing behaviors are suspected of "smuggling", people who buy purchasing goods are also suspected of participating in "smuggling"; According to the criminal law, the illegal purchase of other smuggled goods and articles from smugglers in a large amount will constitute the crime of smuggling. From this point of view, although purchasing has become an industrial chain, many consumers have enjoyed the benefits of purchasing, but according to the current law, purchasing goods is indeed suspected of crime.