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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
. n! @8 q* t5 P, w, n8 G上面说 非商业 进口 可以免关税?
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) Z2 I1 Y4 B- d7 t; l* c
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1 m9 O. r1 b& D) p5 Ihttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf6 h; `, }1 b0 l5 l! R, A8 A

; H  i4 I4 s/ Z) S: l4 G0 I3 h# T$ n, [* o5 h! l1 K& L; Q1 r
Refund Requests
# {9 y( U; d- S& @: I! O  i74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
2 Z2 L+ [5 T. v! b6 J9 Jpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part  k" `+ o8 D- U- D
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if4 B' y0 g% F5 i# @
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ x9 N  I' i: ]5 _/ l$ ~
Canada to the time of release;
9 ?. g7 f! O: g8 P# A(b) the quantity released is less than the quantity in respect of which duties were paid;& L- r! L4 P0 o) I
(c) they are of a quality inferior to that in respect of which duties were paid;! n# U! |9 s1 i9 {, h5 E
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: n& n' u& X7 R5 ?1 t2 }) r4 g( p' Xtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ l8 }, I# ]2 F( e
case may be, was made in respect of those goods at the time they were accounted for under0 K  @8 S/ u7 ?2 Y; S- q6 V
subsection 32(1), (3) or (5);: l9 d  |& q9 g) ]0 G$ D% U
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& P4 j# Q! H: {& o2 \(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
0 ~' C! e+ r' T7 ~" Q( s2 jpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
5 d3 _# s  O  B* kaccounted for under subsection 32(1), (3) or (5);
( F& v) C! i( J, N(d) the calculation of duties owing was based on a clerical, typographical or similar error;
9 h- D8 B% |8 ^+ N(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)5 n8 ?: _( V7 }( C) A& p
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or% U& h# q3 I' O" A. f) Q7 ^
value for duty in respect of the goods and the determination has not been the subject of a decision
  t7 B$ ?7 b. s( I! V( dunder any of sections 59 to 61;
1 o  s3 @$ W3 T% v1 c5 Q(f) [not applicable to non-commercial goods];
3 i+ X' i1 }8 |5 Q3 \(g) the duties were overpaid or paid in error for any reason that may be prescribed.
8 N- A4 l; i- P; Z0 q8 S; G1 w2 I(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
1 D- e' D) F; T+ N' M8 r& qon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of$ M4 G! }/ s0 T4 G% \( G
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
# ~8 S' V' t$ G0 d(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
+ K* G3 n0 S( e. i0 sunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
5 o3 L; }/ e$ Q: q(3) No refund shall be granted under subsection (1) in respect of a claim unless
- i) p; s: ?4 f) {+ z(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
+ h( b9 O8 o- i" grespect of which the claim is made or otherwise verify the reason for the claim; and& k, S" K( _9 H. [& k: g8 v
(b) an application for the refund, including such evidence in support of the application as may be
' [. B) _5 f# cprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 F6 j6 \# g# c2 k$ H) y
prescribed information within
1 |: M# C- M! G) N* U. B(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
' B$ ]* [- F+ F# H& A) u% J; oor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
5 h& w) C8 K5 g  A+ n(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; g8 R2 f5 n" z' e- B; qwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
# V; d; q$ b8 V! M" ^(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 S. U5 c6 W5 ~6 K+ j7 Z; W9 |
this Act as if it were a re-determination under paragraph 59(1)(a) if8 c0 `; M$ _* z/ ~
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
6 ?% U4 G! U8 B' f3 _2 d7 e! i" `because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
+ L2 }/ N0 T( S* M% M& peligible for preferential tariff treatment under a free trade agreement; or
) v; B; l( i0 `6 \; Z5 C(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied+ y$ b6 Y$ J- L/ d( b
because the origin, tariff classification or value for duty of the goods as claimed in the application is
* H) s  p. y5 M, k* {incorrect.  E& L0 E* `5 j4 y7 T3 F
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
  O7 M9 j: d7 \5 N# J; q* h(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
4 u. e1 X1 _1 b0 Y& kother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
  t7 g* W* p, q" y3 D' N) P; D  hwere a re-determination under this Act of origin, tariff classification or value for duty.
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) C& R) m* d$ v( z) R  k这到底是说可以还是不可以啊?
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