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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 Importations' u2 }) ^/ a' g, p" Z1 \5 u7 M
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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: }" v2 X3 K" z9 @/ aRefund Requests+ b& I+ h8 r% a" Q
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 R2 F; F3 s. Z! B5 r. C* ^- G4 y
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- z4 W/ z7 [; D( _$ h( Eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if, Y* g' D; @$ v1 [0 S: Z
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
. h7 t1 P; d6 O" p7 N8 BCanada to the time of release;* Q7 I6 T" w9 a" N8 ?9 r; V
(b) the quantity released is less than the quantity in respect of which duties were paid;
7 E, _* d: S! [(c) they are of a quality inferior to that in respect of which duties were paid;
( ^# x/ h8 ]* m! g! m( o(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential) Q5 @$ O* S+ F) l) O- Z
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the0 f2 n/ ~# T+ I5 j
case may be, was made in respect of those goods at the time they were accounted for under/ B7 v7 @4 m; u- Q
subsection 32(1), (3) or (5);- H2 K3 f: I5 e3 o
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for# S+ a" \, M- R% |2 T# y
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
" K( [" d# J1 C0 z' Paccounted for under subsection 32(1), (3) or (5);1 d# Q) w* ]9 z# f& ^4 ]$ b) Q
(d) the calculation of duties owing was based on a clerical, typographical or similar error;" N6 i) r! {# \+ K) D! C/ h) f) {
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). \$ ^$ f" I1 Y$ h5 ~* M
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
, c; j0 t; N) ?# ivalue for duty in respect of the goods and the determination has not been the subject of a decision1 g+ w" `, {- y" S$ u/ V# {/ ~/ o
under any of sections 59 to 61;
2 d6 k$ p7 P3 o8 j( _  h(f) [not applicable to non-commercial goods];8 A" L2 n4 E9 `  r1 l
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
) w# r/ M2 R$ \(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
5 W8 y  {/ Z0 n  j) ?on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
, ?* f2 C5 I1 Gthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. d" N" w+ ^% F1 L8 q8 p$ R
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim  p! Z$ j( j. z
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 z2 c) ]/ q- s( u# ?3 V
(3) No refund shall be granted under subsection (1) in respect of a claim unless3 Q! z! e# F: w* Q& K
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in/ T1 V4 S. s4 n  }. {7 k' f; P6 _1 ^
respect of which the claim is made or otherwise verify the reason for the claim; and7 B, D8 B' H: |9 H8 Z1 x; t0 k
(b) an application for the refund, including such evidence in support of the application as may be$ U# g5 D" \! G% T6 u9 ?! f2 `7 e
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the# A$ t0 Q) I+ i: @3 b
prescribed information within
2 g8 P; S: A8 c/ c3 q# ?5 @(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
* x1 X8 I$ L; m2 z% @: k" Bor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and! V/ X  r7 r2 T6 x7 j
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods! C* i+ v0 M& h: x* }! q. R
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
# z' O, a1 {7 \9 J(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
9 y7 ^$ L8 {: g; P  k& Tthis Act as if it were a re-determination under paragraph 59(1)(a) if
5 u1 a$ |9 E0 ]- U1 M8 K0 d" ?0 d(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
! T4 B7 D, s  ^& W! r) fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
% X7 Z) r9 \+ ^8 a3 s/ U7 W  feligible for preferential tariff treatment under a free trade agreement; or
* P- ~* {4 z" `3 k- x9 X3 l5 r(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied9 G4 @6 @8 ~7 f6 N7 O
because the origin, tariff classification or value for duty of the goods as claimed in the application is
7 w& B% B( A5 O# |" Yincorrect.
! r! z1 r' a: R2 |! l(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 |* Q& j% U6 O3 D* w, H' K! |
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground0 l( w6 i6 [0 e+ y# o6 a
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
9 I4 |1 i1 e; N8 `were a re-determination under this Act of origin, tariff classification or value for duty.
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