# crossing border - to declare or not



## lancet (Feb 27, 2013)

Hello everyone, 
My wife and I are heading back to the States tomorrow and we are wondering if we need to go through the "items to declare" lane. We only have personal items except for a big copper pot for my mom and 4 bottle of alcohol. Do we need to go through the declare lane? Thanks!


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## conklinwh (Dec 19, 2009)

lancet said:


> Hello everyone,
> My wife and I are heading back to the States tomorrow and we are wondering if we need to go through the "items to declare" lane. We only have personal items except for a big copper pot for my mom and 4 bottle of alcohol. Do we need to go through the declare lane? Thanks!


I guess that I don't understand the question. Going into Mexico there is a "Declare Lane". All the crossings that I've done into the US(Admittedly all in Texas) have just had lanes. Person will then ask what you are bringing back. At least in TX, if Alcohol you have to go to a state booth to pay a tax.


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## cscscs007 (Jan 8, 2011)

You have to declare to booze and pay the sales tax. Believe me, they make a big issue out of it. Declare the alcohol to the border crossing agent, he will put a card under your windshield wiper (mine was red) and ask the agent where you need to go to pay. In Laredo it is a white guard shack building off to the right after leaving the checkpoint. DO NOT pass it. I almost did and the lady was rude about it. I was told I could fined $1,000 or $10,000 I don't remember any more. I didn't improve matters by arguing about paying sales tax to the state of Texas when I did not purchase the alcohol in Texas and I did not live in Texas either so I felt I shouldn't have to pay an unfair tax. Looking back, it was not the smartest thing to do even though I felt I had raised a valid point. The only thing I accomplished was delaying my journey for 30 minutes.

P.S. I did not pay the sales tax either. Looking back, it probably wasn't worth losing the time I lost, but after sitting in line to cross the bridge for over an hour I was not in the best mood by far.


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## conklinwh (Dec 19, 2009)

cscscs007 said:


> You have to declare to booze and pay the sales tax. Believe me, they make a big issue out of it. Declare the alcohol to the border crossing agent, he will put a card under your windshield wiper (mine was red) and ask the agent where you need to go to pay. In Laredo it is a white guard shack building off to the right after leaving the checkpoint. DO NOT pass it. I almost did and the lady was rude about it. I was told I could fined $1,000 or $10,000 I don't remember any more. I didn't improve matters by arguing about paying sales tax to the state of Texas when I did not purchase the alcohol in Texas and I did not live in Texas either so I felt I shouldn't have to pay an unfair tax. Looking back, it was not the smartest thing to do even though I felt I had raised a valid point. The only thing I accomplished was delaying my journey for 30 minutes.
> 
> P.S. I did not pay the sales tax either. Looking back, it probably wasn't worth losing the time I lost, but after sitting in line to cross the bridge for over an hour I was not in the best mood by far.


As you saw, I did mention alcohol for at least in TX. I'm not sure about other states. BTW, you are right about alcohol transitting TX. If they collect a tax coming in, they must under the interstate commerce clause give you the ability to have tax refunded when exiting TX.
They actually agree but have no mechanism.
My only point was that there was not a separate something to declare line. I always have receipts for anything over $100 and do declare any liquor when asked but other than alcohol, it's never been something to have followed up.


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## HolyMole (Jan 3, 2009)

cscscs007 said:


> You have to declare to booze and pay the sales tax. Believe me, they make a big issue out of it. Declare the alcohol to the border crossing agent, he will put a card under your windshield wiper (mine was red) and ask the agent where you need to go to pay. In Laredo it is a white guard shack building off to the right after leaving the checkpoint. DO NOT pass it. I almost did and the lady was rude about it. I was told I could fined $1,000 or $10,000 I don't remember any more. I didn't improve matters by arguing about paying sales tax to the state of Texas when I did not purchase the alcohol in Texas and I did not live in Texas either so I felt I shouldn't have to pay an unfair tax. Looking back, it was not the smartest thing to do even though I felt I had raised a valid point. The only thing I accomplished was delaying my journey for 30 minutes.
> 
> P.S. I did not pay the sales tax either. Looking back, it probably wasn't worth losing the time I lost, but after sitting in line to cross the bridge for over an hour I was not in the best mood by far.


I thought that US Customs was just that...."US Customs". Texas, or any other state, has the right to impose taxes and/or import duties?
Aren't Americans allowed certain tax and duty exemptions? For example, Canadian Customs allows 1 liter of alcohol per person to be brought into Canada tax and duty free, provided the individual has been out of Canada for at least, (I think), 48 hours.
We always bring alcohol home to Canada from Mexico, and have never been required to pay taxes or duties when entering the USA from Mexico.


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## circle110 (Jul 20, 2009)

You are theoretically allowed to bring 1 liter of alcohol per person into the US duty free. If you have 1L or less you shouldn't need to declare. If you have more, then you would have to declare. Additional state taxes only apply to residents of that state. If you don't reside there, you don't need to pay.

We always cross (but don't reside) in Texas (by both land or air) and I always tell them that my wife and I have 2 liters apiece and they have never asked us for any taxes or duties. They seem to be almost amused that I would mention such a small amount.

Like conklinwh, I have only seen single lanes when entering the US, the only declare/non-declare lanes I have seen are entering Mexico.


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## Detailman (Aug 27, 2011)

HolyMole said:


> I thought that US Customs was just that...."US Customs". Texas, or any other state, has the right to impose taxes and/or import duties?
> Aren't Americans allowed certain tax and duty exemptions? For example, Canadian Customs allows 1 liter of alcohol per person to be brought into Canada tax and duty free, provided the individual has been out of Canada for at least, (I think), 48 hours.
> We always bring alcohol home to Canada from Mexico, and have never been required to pay taxes or duties when entering the USA from Mexico.


Don't shortchange yourself on the exemption.

Entry into Canada after being away for 48 hours allows (per person) 1.14 litres (40 oz) of liquor; or 1.5 litres of wine; or 24 x 12 oz bottles of beer.


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## cscscs007 (Jan 8, 2011)

I only declared one bottle of tequila. I was under the assumption that since it was only one bottle I was exempt from taxes. This is where they get you. You are not required to pay a "Duty Tax" for the one bottle of tequila since it is under the limit. However, Texas requires that person to pay the "Texas Sales Tax" no matter how many bottles you have. 
I think it is a scam.


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## mickisue1 (Mar 10, 2012)

States like TX, which use sales tax in place of income tax for their revenue, will get it any way they can!


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## conklinwh (Dec 19, 2009)

mickisue1 said:


> States like TX, which use sales tax in place of income tax for their revenue, will get it any way they can!


Under the interstate commerc e clause, Tx can only tax liquor that is brought in and consumed. Supposedly if you are transmitting, you are exempt. Answer is how do we know that you won't consume in transit. They really should have a place on interstates where you can recover at exit.


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