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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
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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations# F; m2 V3 {% V
上面说 非商业 进口 可以免关税?
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7 S) @9 }0 o3 c' yhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf# p2 e. y; L! X5 r' D4 F

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5 N) F; O1 u- a& ~Refund Requests* w& c, G- z6 Y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who- t* D- q5 M$ q/ G1 I* R% P" |
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) t9 c2 q# I- \/ V7 aof those duties, and the Minister may grant to that person a refund of all or part of those duties, if2 q+ F" A2 {; V: O6 T
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to1 O+ p* c% e: i. r$ O1 F
Canada to the time of release;* Z! N$ ?7 z5 o, M8 S* H5 i
(b) the quantity released is less than the quantity in respect of which duties were paid;4 z. b+ r7 k2 ?/ w7 X: |
(c) they are of a quality inferior to that in respect of which duties were paid;
+ o1 c+ P; C- `(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
4 Q" v6 }: {# G2 E8 Z4 v0 Mtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the4 V" V! F% ]5 B/ I
case may be, was made in respect of those goods at the time they were accounted for under( i" g0 Z% q- ?, A
subsection 32(1), (3) or (5);: ^1 T& J1 H% \2 ~0 W  |  ]
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
0 r! X4 ?. `3 C! k# upreferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 r6 o; y+ B7 U
accounted for under subsection 32(1), (3) or (5);& ?1 A% H5 }) L0 S# _* Y
(d) the calculation of duties owing was based on a clerical, typographical or similar error;1 H4 t6 i9 }6 U: n% T
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)  V: D  w" u  ?4 i' X: s) w
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 ]: X# n: f/ d
value for duty in respect of the goods and the determination has not been the subject of a decision
" I0 {- x0 q0 p+ w* uunder any of sections 59 to 61;6 i! e% d9 n2 K% C$ y: d
(f) [not applicable to non-commercial goods];: [8 X5 D) d; r' K3 N' \) m! Z
(g) the duties were overpaid or paid in error for any reason that may be prescribed./ Y. @2 |5 o+ L) H5 P% o: E9 ^
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
' F6 F4 v) v- J5 r$ C- w- uon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) `: i9 z8 l2 |' P6 g6 ]! e+ y( z) Ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ ~, f' N: _3 d# i% p, M6 T
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; Q5 t9 j. \2 v9 H+ x3 R, T0 zunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
: ]/ l2 i2 Y) @; t3 }: p(3) No refund shall be granted under subsection (1) in respect of a claim unless- m7 L8 q2 t, J3 r4 M
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
7 [3 p! Q8 m3 l& z3 p% M3 N2 F* b7 yrespect of which the claim is made or otherwise verify the reason for the claim; and: A6 h9 H) j% Y- T/ D) V( z: x
(b) an application for the refund, including such evidence in support of the application as may be
9 u2 d7 g/ n2 y- [% fprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& }6 D) W5 e" N. h: E  H
prescribed information within' U7 M% R4 b) D% B
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
; Q% ~( ]5 I1 wor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
# p, p6 A" I8 J+ R) C3 o" r(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
: g4 ?2 |. b. D7 ]$ nwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.1 E8 @# r# v( D0 E4 ?% q- o: G6 p  t
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
6 \: x3 k' _1 }$ F% P' Q/ ~this Act as if it were a re-determination under paragraph 59(1)(a) if- I/ h/ L6 ~) Z1 |# Y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 Z# ~  s1 x4 C: |3 _because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; S/ M* s. C# [% w' J- x
eligible for preferential tariff treatment under a free trade agreement; or
( O% j  x6 b4 D9 v  e(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ B& J; j+ z5 U& \because the origin, tariff classification or value for duty of the goods as claimed in the application is& z! q2 G; x0 _2 E5 x$ w
incorrect.
4 J, c5 e8 M" N! D) r( c(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; h& k2 i! {8 }, o
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground! `0 K5 F4 D$ t  y7 Y) r+ W
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
! a* f( {& ^6 lwere a re-determination under this Act of origin, tariff classification or value for duty.
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