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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 Importations9 M' e( I. o" k! _8 i: a+ h
上面说 非商业 进口 可以免关税?7 p* Q3 D- B+ w5 O, T( Y/ N" d
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+ ]0 r1 i9 i, P+ ]9 x+ w; U7 N2 z  Mhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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1 x; z! ~3 H. a3 z% w+ K* jRefund Requests. U; q5 S- z" ^9 y$ N& L
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
/ ]% k0 L( J% r7 H6 d; c4 tpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
. U" _' Z# ]0 n" A3 W) Jof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
( S5 ?' A* Z7 G" f. K(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
' x# `) B& T' u6 X' PCanada to the time of release;
0 C% K/ v  [& t. f(b) the quantity released is less than the quantity in respect of which duties were paid;
2 G6 r! h9 l! e# T) l(c) they are of a quality inferior to that in respect of which duties were paid;# m& v5 q* p" f2 V# a
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
+ t. C4 U& K& S% a( X0 L" Htariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
/ E3 O! s; [+ |case may be, was made in respect of those goods at the time they were accounted for under
6 O5 o  ]" n( a) ~* Asubsection 32(1), (3) or (5);/ ?1 `2 D4 s/ r* x4 w: z7 w
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* s% B% }" D: @- z" q(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for6 E. P. B& r" u& [# o
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are/ T8 N% y' Z0 n: b6 w! A
accounted for under subsection 32(1), (3) or (5);
$ a4 a: E% F' q6 u# D(d) the calculation of duties owing was based on a clerical, typographical or similar error;
7 u/ W' t1 m2 r- k* ?& u(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)% r4 j" N2 h% ?* C( y. v# h
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! p4 h( `8 N) X5 a; N4 v3 e9 B- fvalue for duty in respect of the goods and the determination has not been the subject of a decision  |% k8 l) B# u  _+ s
under any of sections 59 to 61;
4 k  I8 A  t( b/ J(f) [not applicable to non-commercial goods];5 _# O/ J5 o" G# R
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
: X& {# o' ~: P: `" H% t; l$ L(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
! H/ _# ]3 |9 x% ~& non tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; E$ c, a4 G! S
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 H4 [' o0 S+ V3 p) k5 W, P, T( i(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
8 G' U1 \; Q, S7 \8 e, y: \, Nunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
) Q) s8 G; L4 ?0 g( `(3) No refund shall be granted under subsection (1) in respect of a claim unless+ [5 g- v7 `. K7 ^, J) G. w1 y
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in! B# ?: g' ]# M) Y
respect of which the claim is made or otherwise verify the reason for the claim; and; Z2 N2 W1 F& ~% `0 H
(b) an application for the refund, including such evidence in support of the application as may be
0 V' o8 ?8 P1 s; ~. y5 zprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the2 x6 _2 z$ u: V, `2 F- x9 `! m
prescribed information within/ a6 e& i1 w1 w5 d
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
3 S! l5 I9 H) j6 m, ror (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' d7 ]4 }5 a! y: P" p6 X% Z
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods( n% Y1 F6 V3 F* L3 O! U
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ f) o' ]2 n& [
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
% P: z. v% U5 H; y5 N/ e9 ~this Act as if it were a re-determination under paragraph 59(1)(a) if: ?, b. ^+ P% \# l
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied: E3 s; v2 P! h: J5 z% {% e( d
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& y) Y3 R6 M, o9 e2 U7 i! t
eligible for preferential tariff treatment under a free trade agreement; or
! J5 W3 ~; f6 N" D. u(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied  [0 q$ D( A% ?( F* J( ~
because the origin, tariff classification or value for duty of the goods as claimed in the application is
3 r1 x( f4 @( K+ o. Z9 F5 Rincorrect.: Q0 z1 A% I& R4 a
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; }; l; |7 C$ G' x
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground) t- x7 M/ w$ f2 n) D& x
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
' f' b1 f0 c* {" b: V1 }' o. Y" vwere a re-determination under this Act of origin, tariff classification or value for duty.
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