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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 Importations1 `# Y) b% d8 V8 Q. y1 q
上面说 非商业 进口 可以免关税?
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$ x8 U6 W; \3 {0 y' F# h, s! C2 @9 W$ Y* l' M7 a" [# u- H
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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8 @$ @6 {1 z+ s. HRefund Requests
- G& h) U" f! l74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 x, F3 S) \( i4 X6 ]/ fpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part& ?: I0 T, ^% i" Z9 S+ G  @0 ?
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if+ J1 L, k/ r) n& m0 q: D. A( r
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to4 g1 x. G" P- @/ t/ n
Canada to the time of release;
/ s0 z. J/ M1 m(b) the quantity released is less than the quantity in respect of which duties were paid;
) H' |' t3 I. Y, X2 i% c(c) they are of a quality inferior to that in respect of which duties were paid;
; i5 K8 E" g0 N3 ](c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& N7 a# R2 t) i+ l5 v8 H
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 p+ \% w. N  Xcase may be, was made in respect of those goods at the time they were accounted for under% k: N/ `% H8 E2 N6 r. \
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
+ c6 j+ B% H  I0 z6 t7 L* gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
& `# L6 M. f" n. e3 P) waccounted for under subsection 32(1), (3) or (5);& z; b# _* I4 a# O
(d) the calculation of duties owing was based on a clerical, typographical or similar error;" x. [7 ^. L$ ~
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)/ }$ Y$ ?) @9 A% T+ c0 V* x
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
9 ?$ _, r8 k9 ?8 f' }8 h* D3 W/ u# N5 Kvalue for duty in respect of the goods and the determination has not been the subject of a decision
3 g" `; k9 M& W8 ~, iunder any of sections 59 to 61;- I$ o3 o* q1 _+ A- s* ]) u; H5 |
(f) [not applicable to non-commercial goods];! {: b+ `7 b) D- |8 }* ?  U& T
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# l- t7 Y, e" `; [/ R6 f, L5 l) Z(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 _- L# c! L2 b/ i( M
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; f2 E( Z$ K4 o# u3 W
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
6 r% O6 ~4 o3 _2 l# p' S4 i+ s4 O% G(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim. M1 g+ ]' _  m  U
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
! y) U% o7 H, l4 O# Y# B& ~(3) No refund shall be granted under subsection (1) in respect of a claim unless2 I$ J9 m& i( ~5 R' B' [2 d8 J  I
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in) K# R! B5 v6 Z+ l
respect of which the claim is made or otherwise verify the reason for the claim; and
9 x! C- t3 i1 u+ h# l( W(b) an application for the refund, including such evidence in support of the application as may be
$ a) E0 H6 k  w1 R7 B- Iprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the5 f! n+ g, {! H* Y: W
prescribed information within
, I7 Y/ \  l5 j2 b3 T1 W1 ^6 G+ `8 X(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)8 M' ^5 l1 x9 C: c' U  o
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and9 C: h+ a, I# D& H# P5 t
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods' Z- v/ S, [' J( ^$ d
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.$ {% }3 p, l  H* b, ^9 Z& r# l2 ?6 p
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of8 S( }& Y0 Q# W* x
this Act as if it were a re-determination under paragraph 59(1)(a) if
+ b! m9 x/ r) Q4 H$ R! n/ f# X(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& X7 a8 _) U9 j( L! Ubecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not4 }( q/ d2 V/ V, [8 k- `( Q6 _: C
eligible for preferential tariff treatment under a free trade agreement; or
) r& c+ q/ O  n: [! L(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
. z; ^) l  z2 J. J8 |because the origin, tariff classification or value for duty of the goods as claimed in the application is0 U" R, `+ A2 W2 X8 u
incorrect.
) h/ k& t# u3 h8 I6 U. B! }(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),* L) o6 F5 T  [3 u4 ]9 ]3 j
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
! Q% E+ F, L- q1 xother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it6 p, C5 V6 f( e1 m6 Q
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊?
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