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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
  h! v3 g! i: n$ ^上面说 非商业 进口 可以免关税?9 D; N/ a8 P/ s3 A( ^: ?
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- C- d2 Y% @" \: Z& fhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
1 U+ k  U* K/ h. j4 B+ r( X8 G. L- g' R4 M; }8 G. `" \3 g

6 {4 d5 V' x9 I- d7 i. }Refund Requests( ]& f0 A0 Q+ M1 F; n
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who) @% Z' i: {+ z& I
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
! m2 f/ d/ @' d5 sof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
: p& n' m/ E2 W6 \# L1 S4 J(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
3 |; x( K2 ]3 C8 ~/ ^3 MCanada to the time of release;+ R* X; U. ]- W5 e* H6 B8 A
(b) the quantity released is less than the quantity in respect of which duties were paid;% O1 O& O* d$ r9 u  E( H1 O1 D
(c) they are of a quality inferior to that in respect of which duties were paid;) a3 l% a/ K) D) s
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential. Y! }- c" a; ~5 M+ H* [
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the# K9 t: Z4 C5 H, V: e) H
case may be, was made in respect of those goods at the time they were accounted for under
% {6 ]( x  u: ]2 P# }7 m' [. I  Msubsection 32(1), (3) or (5);4 u" a& e. ^+ `5 b. h
3
! q6 d& K+ H: i( W5 b(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
% s5 m$ |/ I9 k* f. z( _% |2 rpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are! P; a# O; ]3 x- i9 ~
accounted for under subsection 32(1), (3) or (5);- s# H0 T2 n: N4 z) D# ^( I$ h1 d/ l
(d) the calculation of duties owing was based on a clerical, typographical or similar error;: v4 }' Z3 o0 Q
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
1 g% D; w6 J0 G2 L# i7 S0 g8 iof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
  D9 y) ^6 _' y7 @value for duty in respect of the goods and the determination has not been the subject of a decision
/ ~2 C! N7 c, h! ^, {! Y8 Yunder any of sections 59 to 61;
! o) p9 `2 u) x; I1 _5 V- E(f) [not applicable to non-commercial goods];/ W/ m4 Y8 @- }" D. Z* Q
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
3 _4 k  P; T, w& [(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based" E. M) I* R+ r) P- b
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
% v8 o# q2 o! L9 I- ^  Qthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
( B2 p. X( o% l(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
! M$ U2 r7 ~2 p6 {0 junless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ n$ ]* {, e9 W6 _(3) No refund shall be granted under subsection (1) in respect of a claim unless. C* b3 s6 L5 z3 t$ h
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
; V+ K6 n4 D+ e/ \* j0 Vrespect of which the claim is made or otherwise verify the reason for the claim; and9 [. Q, F1 C" ~" D
(b) an application for the refund, including such evidence in support of the application as may be# T' D) q$ `& o  j' K
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
& m3 f, r% o1 {1 ^, aprescribed information within; e. {0 r: q( o1 ?7 l' M1 E8 z
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
3 q8 [* G' Z0 w) z4 Q5 ]7 Qor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
0 x0 G9 x; h4 L2 O4 j6 |1 A(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ C8 a6 i4 z' nwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
4 O. k+ {  G9 L( j6 O" j  O! [( T(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
& H, V- S& k/ g+ R# Pthis Act as if it were a re-determination under paragraph 59(1)(a) if( W' z" A; V+ g
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
7 K: i4 {" I# B- p7 a0 O6 Zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
0 ^9 I! j% _2 j- F" ^. [eligible for preferential tariff treatment under a free trade agreement; or3 T2 I5 p% u9 o: m& I) W* u3 v
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
" ]5 v9 X- {' c2 E' kbecause the origin, tariff classification or value for duty of the goods as claimed in the application is/ A5 H3 P% L7 _/ W
incorrect.
9 ?; \. l9 C' ]2 s% {! \2 S6 F(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),- |  F1 Q8 d1 Y/ q
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
; u% t' i) E# |# |+ Lother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* c3 {( O) F2 Z
were a re-determination under this Act of origin, tariff classification or value for duty.
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