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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' L) j( R. E$ C3 }
上面说 非商业 进口 可以免关税?0 o0 Z. a8 G6 J! R" G0 D2 K3 D+ }
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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  B' f+ \' B5 Z' t7 {9 f8 K1 ARefund Requests8 }" t, U1 K' l) D2 _9 W
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who2 r( S4 L2 m# P0 u5 b/ i" E
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part9 i% l% c& ^1 F$ k+ p) R
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. @7 \  A2 N( m; {$ u. S: J(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to. O3 L+ F: N; L( _6 j
Canada to the time of release;, _9 i- t1 L3 W& s8 ^
(b) the quantity released is less than the quantity in respect of which duties were paid;
) L6 [+ Y  q% U(c) they are of a quality inferior to that in respect of which duties were paid;' f; f% c  ?; l4 j" e/ d6 D
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
/ p# |' u* d5 s" K- s) ntariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the+ \* J9 H, V, b+ q  r& S
case may be, was made in respect of those goods at the time they were accounted for under
+ ]% h) D6 p: r. S! h2 D" Msubsection 32(1), (3) or (5);% g& R- {4 x9 K" e& q- R
39 _' I9 E: S/ X+ m2 E8 x
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for* i% A" N) Q  W+ S* o6 N
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ h) a+ O% J7 W4 E4 Kaccounted for under subsection 32(1), (3) or (5);
4 q/ t" D, O% J2 N(d) the calculation of duties owing was based on a clerical, typographical or similar error;
) b9 v8 A& P; d3 A3 U(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)  E6 b6 U/ z$ s) Z  P2 b( {
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
6 `9 a/ k$ Q2 l( Y" G# I6 Bvalue for duty in respect of the goods and the determination has not been the subject of a decision
+ f# t9 l. I* l" [5 Dunder any of sections 59 to 61;  V$ `) @- f( |& j  c: W  P# C/ ~
(f) [not applicable to non-commercial goods];' n6 H- M2 t6 X# O3 j
(g) the duties were overpaid or paid in error for any reason that may be prescribed./ ^6 F' I+ c3 p8 b4 f
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based2 O: I8 E, I1 R- U( m
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
5 e1 x* |* U7 U2 y' r$ ]this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)., J" h7 Z7 _- y7 |% l! P( I# b9 |
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) N9 e: ], y. N& q0 ?
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ w) y) [- u4 z+ _+ }% k1 k(3) No refund shall be granted under subsection (1) in respect of a claim unless
) z) ^$ z( ?& s(a) the person making the claim affords an officer reasonable opportunity to examine the goods in! }, _! f" B4 K2 @" r
respect of which the claim is made or otherwise verify the reason for the claim; and
- i, J; {$ s0 J(b) an application for the refund, including such evidence in support of the application as may be
, a" K0 Y  S% r1 x8 Oprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the+ T2 [: b; O# x
prescribed information within! n: M4 x, K4 I( n2 W' D2 v
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
3 X' C, h, T* \7 {8 \. qor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
7 O& E2 j; U" V, q. F(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& d3 d& n5 `9 X& Dwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 _6 w* P* _% u- V
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 O, h, u3 z* S
this Act as if it were a re-determination under paragraph 59(1)(a) if& J* g: Q% a4 v
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
! A3 U( C) {9 E- k: h9 w) ]because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; t) b; L/ }* b
eligible for preferential tariff treatment under a free trade agreement; or3 ?" I# y5 d+ J. \( P: I5 m
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied2 G! @4 b" N& l' m" r3 B% }
because the origin, tariff classification or value for duty of the goods as claimed in the application is
: z+ m5 c. g1 q' Yincorrect.! D# b* P1 Z% k, e' d
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
  i0 I4 X" f* C' E! N' U$ l* d0 f(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground+ F* E' R& u' ^
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
. R2 z+ R- v5 `) I' B3 bwere a re-determination under this Act of origin, tariff classification or value for duty.3 d0 h; O, u, j0 N$ K# z; d5 c
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这到底是说可以还是不可以啊?
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