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关于 邮购是否免税的问题 退税表 D6-2-6

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发表于 2011-9-29 22:42 | 显示全部楼层 |阅读模式
老杨团队,追求完美;客户至上,服务到位!
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations0 g* l* z% ~. M. p4 t
上面说 非商业 进口 可以免关税?% W. l+ @0 S# V9 x" a- p& M
$ {) V/ N9 l: m6 k+ V6 \
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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- r$ g! s6 D/ y$ FRefund Requests6 w" s- k: v! o
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who+ I# K* v' V) Y9 ~% q  S
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 n8 X0 l+ l. I& Mof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 V+ A6 u! ^- Q(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to5 D. `/ z- k" I8 c/ u
Canada to the time of release;- m: g% l* g7 C
(b) the quantity released is less than the quantity in respect of which duties were paid;
4 B% p. e  s0 w& [& a(c) they are of a quality inferior to that in respect of which duties were paid;
$ F( x0 [, e0 ?(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( L6 g+ G$ |# p2 F
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the3 d- u% l& Z: n
case may be, was made in respect of those goods at the time they were accounted for under
( z" v9 n" V1 B- L. Psubsection 32(1), (3) or (5);
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7 o1 [7 b3 q- }* N, e% @% b(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
: D4 v% s5 r2 A( F7 v8 N# vpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
- V4 ^4 J+ U: \$ O' taccounted for under subsection 32(1), (3) or (5);
# K3 N) I8 R2 x- Z& C4 q7 r(d) the calculation of duties owing was based on a clerical, typographical or similar error;; _) v6 w- ]  B5 c# w; Q) V/ y
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* Q$ m* B( u1 N, k9 ?/ L
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
1 l' {3 _# ~/ \value for duty in respect of the goods and the determination has not been the subject of a decision* O! P) z+ E' W& c# p$ y% m
under any of sections 59 to 61;
% r2 `( ~0 a& o5 J(f) [not applicable to non-commercial goods];' P6 ]+ ]/ G$ _: P9 j
(g) the duties were overpaid or paid in error for any reason that may be prescribed.7 G2 }* r7 ]7 t; x" H" r, D) q
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based3 Q  R' S) }8 j3 B# {) T4 z
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of' Y) ]' Q" g( L5 h. t( W
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
: C" K, E1 Z& T7 _* i(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
8 z* j$ r4 z+ x0 K+ Junless written notice of the claim and the reason for it is given to an officer within the prescribed time.6 P( o9 K$ Q; C  ~% J  L( @
(3) No refund shall be granted under subsection (1) in respect of a claim unless
& H& @! p& @  l  _1 B+ E7 `" a(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ X+ y# O, W6 h. ?0 Crespect of which the claim is made or otherwise verify the reason for the claim; and- v; p7 u) [0 x# s6 l9 c# e) q
(b) an application for the refund, including such evidence in support of the application as may be
; \/ Z' Y4 s6 }- v! [- X) T% Jprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% p# D6 e' r/ C
prescribed information within
' e3 P- D# N) J8 o4 S(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): K) P+ V# ~: b: e* W( }
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
/ O) Q* I8 s1 C, l) H% D(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
) q1 O6 ]( T. X. Y- Owere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.8 Q3 Z: |. @2 E) W4 Q/ s3 `! o
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
+ k. z; L* j" B: D$ M  Zthis Act as if it were a re-determination under paragraph 59(1)(a) if7 t1 E9 C" @1 S
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
/ Y2 C. Y$ x+ K+ t2 Q: zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
& d! _5 X5 m7 p2 n7 V8 L/ Geligible for preferential tariff treatment under a free trade agreement; or% {5 c* K6 e1 B$ m$ L# o: r+ |# ~
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied/ I0 |+ Z" M- ~* c
because the origin, tariff classification or value for duty of the goods as claimed in the application is, [' d8 e* Q/ r  i
incorrect.
1 b0 `. h3 @) k# p! e4 L: ](5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),5 \" p4 {% a3 k
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# X3 D9 T' n. g2 ?* G3 n5 U
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
" X, {8 F- X- o1 I& }were a re-determination under this Act of origin, tariff classification or value for duty.
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