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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 Importations5 u$ m; M- n2 ], P& o1 w
上面说 非商业 进口 可以免关税?
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: ~/ D5 M% n; g
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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& n7 C/ m6 L( K3 @7 s# @! e+ O* g$ @Refund Requests1 g- P# e' L. X# h1 Z
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who3 g- B+ x2 S. B
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 q- o- I; m. z) T7 I5 @8 Dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
, c+ t' ]" |! [(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
' v- H- K0 O& _4 |# B( e/ \Canada to the time of release;
' A0 p& `4 i2 `4 s- v  R& b. `0 O(b) the quantity released is less than the quantity in respect of which duties were paid;. \' B! H; V  i
(c) they are of a quality inferior to that in respect of which duties were paid;* G0 x' b3 O& H. w2 X: }) n% `# ^
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 ?& G1 t1 e; R9 p+ F# rtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 T& G) C) M0 g8 _6 T: Ncase may be, was made in respect of those goods at the time they were accounted for under* O9 }* S* J% ~$ e5 n7 C
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for; O# u9 v5 t( T' @/ }% x% b. q! |
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ O8 S" D# u* U& |9 ]+ a. A; Z- vaccounted for under subsection 32(1), (3) or (5);0 \% }$ J9 Z7 s: r
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
& `9 M0 L6 c6 u1 F(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
0 Z) F8 n- d3 hof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or0 L5 L; q/ P2 o6 T
value for duty in respect of the goods and the determination has not been the subject of a decision
8 S; [, P! }: L0 Gunder any of sections 59 to 61;
% s6 K/ p$ R5 I+ s# S1 i1 }(f) [not applicable to non-commercial goods];  t) J2 l0 I$ Y4 s  e
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
- H! r( \9 {: j! o! ]" ?(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
4 k' h& ^% J5 _on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of/ \# \5 w. D, x+ n( z
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
0 W" H1 i" Z- d+ `(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim6 C2 s( ?6 \: |4 O3 l5 v+ W% Z
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' E1 D$ n5 e) n8 ^) ]1 y7 q(3) No refund shall be granted under subsection (1) in respect of a claim unless4 e# s4 l" w  }& y: c/ x
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in2 U" k5 i& m* r5 e7 n: y; Z- z
respect of which the claim is made or otherwise verify the reason for the claim; and
2 T+ Q7 `0 b* M( [0 _(b) an application for the refund, including such evidence in support of the application as may be- i  i' f3 p7 ^6 j4 K
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the( r8 I& ?8 b- K5 t
prescribed information within& O0 b$ O3 Z/ f; ]6 Z
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f); N0 a: A1 B5 u: m! G2 `2 [
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
  p# u3 V3 N4 X  i1 G- r% I! L(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods5 C; W! H3 d7 C$ W6 r5 F: G. p
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* U' i9 a( Q* `" U" R" c
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
  S* K2 z/ X; Qthis Act as if it were a re-determination under paragraph 59(1)(a) if, u8 H+ L+ `, z; v5 q- ]" Z3 h
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& E% D* D) X+ s9 E! P" `because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not+ Y8 _: @  T5 d* `" M
eligible for preferential tariff treatment under a free trade agreement; or
7 r: m  G" \. `+ S7 ~. H(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied' z3 e  ?4 N1 s+ D) n: b
because the origin, tariff classification or value for duty of the goods as claimed in the application is$ q5 P( j1 S  Y% J7 V5 q6 j
incorrect." C. b( H) Q, S: ^: f. Y( m7 T
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),/ {7 J' U( R7 ^3 C/ i8 E: d
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
, b+ O6 X% a/ z: h0 @4 \other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
) y! T% B. P! E; l4 z3 J; f# bwere a re-determination under this Act of origin, tariff classification or value for duty.
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* C& y: n* {- s0 J这到底是说可以还是不可以啊?
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