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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
0 x1 O# v! |8 D7 {0 [5 [上面说 非商业 进口 可以免关税?/ ?0 R$ X2 X9 @0 Z# Q
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% C+ ~# |) F: y: ]/ ]  g

7 K  Q2 L: r$ fhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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7 W: q4 o" Y, b6 _0 n+ `Refund Requests1 T# e$ W: |6 M8 X5 Y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! O5 q# Q* h. {( T5 e2 Apaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( a4 T# F* Z: s+ V- N! X4 ]* K) Y% L
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
8 ^) {7 y$ V7 q; |; U- ?  u* ~1 @' m(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
5 S9 D- s" p2 p9 ~5 R' v6 f& b8 UCanada to the time of release;
: a# @: t! q+ \6 z" h(b) the quantity released is less than the quantity in respect of which duties were paid;
/ |: R1 Z6 A3 o6 z1 ~(c) they are of a quality inferior to that in respect of which duties were paid;4 y2 ?' H% c7 [. K2 N
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential- Y, c; a& p) D' h. J! W" b/ h
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
! W3 u+ Z) V+ k  Ccase may be, was made in respect of those goods at the time they were accounted for under
: Z6 T5 i+ U/ J! Bsubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for3 ^( S9 N! G, e( k3 U* [; n
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
- a% V' q2 w0 s; Uaccounted for under subsection 32(1), (3) or (5);
5 i9 |5 j- z8 c4 [5 _(d) the calculation of duties owing was based on a clerical, typographical or similar error;
0 s! [: _1 `+ c* C; C3 P(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
0 j9 M, \* T* q$ `of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
5 M' p; Z4 C, K$ [: E7 Y) xvalue for duty in respect of the goods and the determination has not been the subject of a decision
8 G2 C) ?" V3 y" H. J4 a! }under any of sections 59 to 61;
/ |( R1 L0 [1 y; ^# H& ]. z4 e" j(f) [not applicable to non-commercial goods];4 {& `( D: ^) f0 Q1 Z5 Y
(g) the duties were overpaid or paid in error for any reason that may be prescribed.5 \0 c; e1 ~9 N7 w2 K
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
; C; Y* P' ]' uon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of  A; O( t+ c% C9 v2 n
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
& a& P+ w( A4 P( _! D(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
5 ]& U* Z9 l* }$ O5 u& s$ U: E! G# x; kunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
- y) X) H" D- ?5 O+ _! S(3) No refund shall be granted under subsection (1) in respect of a claim unless! r2 F; ^$ c0 `; L8 p
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) B9 }- S+ Y- b  i% O% qrespect of which the claim is made or otherwise verify the reason for the claim; and& i: _/ G) ]! @, h3 z# V4 L: j
(b) an application for the refund, including such evidence in support of the application as may be, W* H: _$ o+ R1 T2 d! r1 m
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the* p5 m/ d- t1 u0 W5 Y
prescribed information within2 u; W9 e0 W7 {1 V) c; z  b
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)9 {' I6 _$ P# z) c5 R9 T
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and+ D( l% x4 b9 I! Z  W
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
8 N7 x) k, ?" l' wwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
) G; _* u. l0 L( p9 o! P/ y(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
! }! O; @0 N) A) N! N: n4 Wthis Act as if it were a re-determination under paragraph 59(1)(a) if/ C" [! H$ b! \3 S) w
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 L- b, C8 ]7 [8 g0 w* zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; ?1 A5 n  n4 F
eligible for preferential tariff treatment under a free trade agreement; or
) ^" o" f. W6 r; j& H) Q(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied, w! V7 i0 w" P) I4 _! R% V0 {5 C
because the origin, tariff classification or value for duty of the goods as claimed in the application is% L% X/ e# ~1 q3 i. S0 s. e
incorrect.  p( A! s& I1 P$ Z+ f* ^! S
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, }, Q2 H6 E2 {$ X
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
9 u# L* w* N. W' Y' F3 {: Iother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it3 h( W! ?7 |! S6 ?  V
were a re-determination under this Act of origin, tariff classification or value for duty.
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8 i2 r+ K8 T; [" N* L这到底是说可以还是不可以啊?
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