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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
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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
8 r' f/ d. R- z& t# D# B, N/ S上面说 非商业 进口 可以免关税?& {4 Y9 T0 G# Z. \- _* _( @

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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests! P% w) P( [2 ]" Y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who6 `9 v$ I/ F' F6 C$ f/ v- q
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 j+ Q3 H- k) U9 fof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
8 z: V; Z: u! S, ^: G$ g(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
8 [3 D" c9 ?0 K& x/ N1 h! ^Canada to the time of release;6 r, b* b$ j9 {% Z) N4 V& H, e
(b) the quantity released is less than the quantity in respect of which duties were paid;
$ d7 T" j$ N& x1 w(c) they are of a quality inferior to that in respect of which duties were paid;& G" I' R" c9 R0 a5 E
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
1 r+ w6 a1 R6 I& Ztariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 a- s1 k  }  c. J5 R4 x) Icase may be, was made in respect of those goods at the time they were accounted for under
' k" Z! U+ B- Vsubsection 32(1), (3) or (5);/ D% V! t8 n8 F0 o& [9 k/ e% |3 R0 g
3
0 I( O1 w+ X' o4 [, {  j- X9 R, k(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' Q3 H& o2 N" E/ f' l  F
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
% e, C+ T$ S. l2 ]accounted for under subsection 32(1), (3) or (5);  u  s5 `8 O6 f5 j0 O
(d) the calculation of duties owing was based on a clerical, typographical or similar error;( H5 c% j4 ^# |
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)( ]0 W" L" z" z, E! f  ?! ]& l) N
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or3 Y( k7 D" f% ~4 a9 u$ [6 H
value for duty in respect of the goods and the determination has not been the subject of a decision
2 E7 \/ l( T9 w3 `: hunder any of sections 59 to 61;
) @6 N2 B+ Q: k$ i( }4 j(f) [not applicable to non-commercial goods];
& `& ~9 i. J8 ]; q(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 U) V; [# ~, [(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
( ^6 e  b7 M! ~9 F! |& Don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
! V6 \" r; G- }; K! {) Ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ C8 w+ Z* k) n" O: f
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
/ u! ~/ W- X/ b. V3 `9 S0 c  t/ tunless written notice of the claim and the reason for it is given to an officer within the prescribed time.+ X, I6 U' p9 J* F6 b0 U8 B
(3) No refund shall be granted under subsection (1) in respect of a claim unless8 j6 ~* }: d6 J* [5 k" \
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
- z) o, [8 E6 Z& }respect of which the claim is made or otherwise verify the reason for the claim; and
; Y/ P2 Y1 U2 p) k(b) an application for the refund, including such evidence in support of the application as may be
$ C/ t! f( i5 s1 iprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) X9 y( I3 w3 L6 ?+ J& _2 s5 h* Y) Eprescribed information within
  x( g7 z3 `/ C# n8 h' ^) N* @(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
2 R1 y$ ~/ M! A! I' p3 For (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and5 t$ v  Y$ x9 }7 R; m1 i+ Y8 [1 L
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 h" ~8 x/ ~0 W
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
5 O) c5 D+ x- l- t. O+ n; o(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
0 E) L3 }7 ~7 T4 u' V7 F" K- m( I4 ^this Act as if it were a re-determination under paragraph 59(1)(a) if" ?# f, B' O; @3 F6 t# v
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied5 M+ \+ {4 s  ^& F
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not5 I: p  E5 M. y) O6 D. C
eligible for preferential tariff treatment under a free trade agreement; or
/ b2 g" Q; ^, s3 \(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
1 V! s1 N" i4 w( ?8 ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is4 g( I+ Z9 M1 ], f7 T, @
incorrect.4 j1 A% H- t( P
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
4 k. x8 i. r  _8 V0 Y8 N(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 n+ Z5 ^& u# b9 d' E* m
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it$ M3 m1 L8 `$ N1 q; d( x- j. \7 z  W
were a re-determination under this Act of origin, tariff classification or value for duty.
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