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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
* N5 ?& q( m$ T1 I上面说 非商业 进口 可以免关税?
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$ p5 {( ~2 c! d" f4 y: Q
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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+ I% B5 z5 F: \0 T- o! W' e; C2 [Refund Requests+ G! e' T& j! A8 L6 j9 C- r
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who' w7 I, H  b* e; n: W& G2 G) ^' j6 J" c
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" L5 m* {; P0 i' i. G
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if4 F! M. P1 l8 k* l4 M9 _/ P: V
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
- x4 N3 G; m1 f; y* H# W3 q# I, DCanada to the time of release;
0 r8 f+ Z" C6 D6 g* B; A) ^0 L3 j(b) the quantity released is less than the quantity in respect of which duties were paid;
/ u+ c& ~+ s& d3 t7 [(c) they are of a quality inferior to that in respect of which duties were paid;* x/ A6 |2 G+ {, e# W7 |
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential6 ]7 Y% Y* B4 B6 H% X, @
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the* Q3 ^% Z( c( N: Z7 n, t
case may be, was made in respect of those goods at the time they were accounted for under
9 ~* T0 P3 h3 usubsection 32(1), (3) or (5);) z* {5 B; w$ x# U& T  P! N& p
3
0 I) W: L6 H# n$ y' Z6 V; ~0 r(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
3 K* g$ }; H  G, Y" d+ Upreferential tariff treatment under CIFTA was made in respect of those goods at the time they are2 }4 o8 |0 y  D% Z( a
accounted for under subsection 32(1), (3) or (5);
# t2 i$ n- X6 S2 o* F- x7 O6 v(d) the calculation of duties owing was based on a clerical, typographical or similar error;" d9 k& W! `( X1 _* a
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)0 N& }# Q) S, Q1 K4 d, E2 f/ I
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# W9 t' y# U$ r: t& B* n8 yvalue for duty in respect of the goods and the determination has not been the subject of a decision
- v4 [, ?; O$ Z, G! t/ @under any of sections 59 to 61;
2 u  a. @& w' W9 {, I% u(f) [not applicable to non-commercial goods];
; r& i2 Z6 i1 p: y; F' J. E- H(g) the duties were overpaid or paid in error for any reason that may be prescribed.
5 _( \8 n5 [% G$ J# M(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
; G8 b! J2 \7 a. Yon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
( z. D* ]9 \2 J) ?this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
+ Q) B, H0 M$ h2 s# l6 G- t(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim7 }; ~0 }& }2 |1 Y
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
6 u: Y, ?9 g; `% J(3) No refund shall be granted under subsection (1) in respect of a claim unless; H8 }. G  F% i% D
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
! I& ^. a) J# Z7 i/ |, F: Orespect of which the claim is made or otherwise verify the reason for the claim; and
; p* z1 q" E; N; \; ](b) an application for the refund, including such evidence in support of the application as may be
$ ]# G( R* t3 E+ {; aprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
9 m" s/ M3 i: _+ E: j8 P6 T# Bprescribed information within) p/ @* _( T$ S, @
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
/ v4 `: ]) j! A' J& K7 o- qor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- r& {& W$ \/ I& n( l(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
) ]# i/ K4 {, ], L3 C6 a' m3 I( zwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.4 x& ~/ o  C  B" K& n; d7 y: h
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* o, T, z8 @% v( Q$ s* ~
this Act as if it were a re-determination under paragraph 59(1)(a) if3 r7 h* q" I& |  Z) e0 y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
* |$ q' L+ ^9 D, Cbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not: r% K) {4 z0 o* o7 |' p* I9 r
eligible for preferential tariff treatment under a free trade agreement; or! n9 e* z, U3 h  T" F& ?
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied  E& C9 V# O% p+ Q! @( y. w3 M
because the origin, tariff classification or value for duty of the goods as claimed in the application is$ g5 [, y, \6 q2 ?3 Y. F
incorrect.
7 |* `' U! B3 v6 m1 @  Z$ Y(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
. ^0 b( Y: }' F% j(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
. a, p) Q/ a2 u% L$ I& a8 lother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 }' U2 |) Y2 q! P& X, Uwere a re-determination under this Act of origin, tariff classification or value for duty.
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9 R! v+ k& N; d( ?7 G这到底是说可以还是不可以啊?
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