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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; W) U% a$ {  q- t# l
上面说 非商业 进口 可以免关税?3 \5 o$ P% O: p) N1 [

, x+ g! W/ i- c/ K7 d+ L: T7 @. ^- O* k8 p3 N

$ @. `: F/ H# H: j0 mhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
2 m5 L8 M( {. l% u* f) e+ I4 N' H& X0 |. P1 t$ C: V

& i0 `& I( y$ F% IRefund Requests
+ V% I6 c) X; U  _% G74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who: q1 U6 Y- f, Y
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part9 A0 ^4 c9 f9 p7 m7 r. w; F
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if+ q! E/ @! k& {+ Z" U( q3 G" M0 I
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
9 Z8 C/ u8 ~6 e2 Q. E1 G. oCanada to the time of release;
! j0 O% M4 e0 R4 h& T) m8 I7 {(b) the quantity released is less than the quantity in respect of which duties were paid;$ F# r( y, O* F- j
(c) they are of a quality inferior to that in respect of which duties were paid;
8 c$ A$ P6 T  a(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& X) ^( {7 i) l  v
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
* g- ~% j: ^8 s" s& b9 d; Y. W! w' Acase may be, was made in respect of those goods at the time they were accounted for under
- g9 x& [  Q$ u- f5 Isubsection 32(1), (3) or (5);4 B) z! k/ ^2 a3 w# h6 f
3/ A4 J; M( p1 l* t
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
3 Z- d$ c; Z9 C9 lpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are0 z  C. S! N4 M5 K9 }0 c+ r
accounted for under subsection 32(1), (3) or (5);
# ?) W; L, M! O5 d1 u& }(d) the calculation of duties owing was based on a clerical, typographical or similar error;% L: ]2 q8 ~' A7 i; j
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
5 l7 m0 u6 V6 i# cof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
) x5 Q5 [: {3 B  m! dvalue for duty in respect of the goods and the determination has not been the subject of a decision
) [& }5 l" C# a$ U) T8 E9 zunder any of sections 59 to 61;" Z( i4 {% T# Z) k
(f) [not applicable to non-commercial goods];* `9 |. Z: D, |7 f- o
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
% p; Y# {" H% f! m(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based6 d: K; M/ n8 q2 T
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
3 B+ n6 I4 Q7 y3 F4 Gthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 G) W# p* J3 Y1 H0 x3 w$ V(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim. {0 P3 m0 a1 ^/ }' J/ r
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.+ b7 m' z, {3 [1 K0 d# k/ n8 H
(3) No refund shall be granted under subsection (1) in respect of a claim unless# t/ ^5 a  @9 X  P% j- ^' B4 f
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
* i9 q+ h2 _& W+ [, wrespect of which the claim is made or otherwise verify the reason for the claim; and
; k  ]+ O: W  o& }% T(b) an application for the refund, including such evidence in support of the application as may be
& c  v2 O$ B% ?# e$ s: E1 [+ Wprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
8 j: r+ p5 E5 z7 j! j  \. eprescribed information within# U8 Z7 ^% C! J% j7 {7 G/ |
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
& j. s' j/ }) {) z" Kor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and) n1 [% N; ^, o& g+ E: \
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& \7 \( d( H+ x/ ]3 T1 J! L
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
3 a, K# y& |& o4 |5 ]* g! d# x! ^(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
* H3 [2 \5 n" t0 s5 ^* Xthis Act as if it were a re-determination under paragraph 59(1)(a) if
, s7 y, y7 |% V# l(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
2 Z% t  W) }* B+ V0 mbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 d( Q5 I9 D3 N$ U/ a$ E! Aeligible for preferential tariff treatment under a free trade agreement; or) l! m& w* Y5 g. t% v* ?
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied0 {5 _# f5 }: a1 F# d! N
because the origin, tariff classification or value for duty of the goods as claimed in the application is
) ~" g* o8 a6 e/ _+ O1 m1 lincorrect.
! ^: M! N* A# r(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),6 J! Y" B$ |" J1 `/ S( W
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
5 w) ^3 Z$ C& ~9 \3 i: f0 Tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 w% P% z$ j- N5 v' C8 m' {
were a re-determination under this Act of origin, tariff classification or value for duty.
9 v( F7 m, g$ q; {) `
- [% A% U  F& I这到底是说可以还是不可以啊?
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