Legal implications and risks of using a virtual address by a package forwarding service for purchases in the US?

Question

Context

There are several companies in the US offering package and mail forwarding services to people located in other countries. These services are useful for purchasing in the US to merchants that refuse sending abroad, or when the cost for shipping abroad is prohibitive.

How it works by package & mail forwarding agents in the US

In the US, mail forwarding agents typically require you filling a PS 1583 application form that allows USPS delivering at the Mail Through Agent. Below some shipping volume, it seems that this form doesn't always have to be notarized. The address you get is of the kind:

Firstname Surname
123 Streetname
CustomerID
Palo Alto, CA 91000

As one can see, the address looks like a real one, the name of the mail forwarding agent not being mentioned. Hence, I'm wondering about the legal implications of this.

The US mail forwarding agents emphasize the benefit of getting a US mailing address, but I couldn't find a single word about the legal risks, especially for individual business or small companies.

• Could one wrongly assume that you are residing in the US, or even that you are illegally doing business there?
• When shopping in the US, before forwarding abroad, can there be import taxes between two US states? (I assume no because the states are "United" but prefer being certain of that.)
• If shopping exclusively in the US and forwarding to my country, are there other possible taxes that the forwarding agent should take care on my behalf (apart from the customs declaration that I could fill remotely on the agent's platform)?
• Other possible risk that I omitted and that should be mentioned?

Comparison with package & mail forwarding agents from other countries

In other countries, some mail agents are using a more conservative approach. When opening an account, you have to set your account type depending on the purpose (e.g. "forwarding purchases to myself" or "sending to customers"). There are different requirements for the miscellaneous account types.

Then, the address you get makes it clear that you are using a mail forwarding agent:

    Firstname Surname CustomerID
c/o Name of Forwarding Company
    123 Streetname
    34567 Esperantopolis

So, which are the legal implications and risks associated with setting a mailing address in the USA through a package & mail forwarding agent?

Thank you.

Answer 1

Could one wrongly assume that you are residing in the US, or even that you are illegally doing business there?

Yes. But I wouldn't call that a "legal risk". If you are wrongly classified and it has consequences, you can clear up the misunderstanding. You can't be deported from a place where you are not present, so the immigration law risk is minor.

When shopping in the US, before forwarding abroad, can there be import taxes between two US states? (I assume no because the states are "United" but prefer being certain of that.)

There are no analogs to customs laws between U.S. states that apply in this situation. States are allowed under the U.S. Constitution to have customs duties so long as they don't exceed the costs of inspecting goods in interstate commerce and states utilize this in long haul trucking but not in consumer scale activities.

The U.S. and governments in the U.S. are constitutionally forbidden from imposing customs duties on exports.

If shopping exclusively in the US and forwarding to my country, are there other possible taxes that the forwarding agent should take care on my behalf (apart from the customs declaration that I could fill remotely on the agent's platform)?

States and local governments can impose sales and use taxes on retail sales of goods delivered to their state and often do. This address could subject you to the sales and use taxes of the state where goods that are forwarded are delivered.

Other possible risk that I omitted and that should be mentioned?

You might be investigated for using the forwarding service to ship contraband, and there could be complications for goods that due to intellectual property licensing restrictions are only supposed to be marketed to markets that don't include the final destination of your goods.

If you order a high volume of high value, low weight, marketable goods or commodities (e.g. gold and loose gemstones), you may also be suspected of money laundering.