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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: q8 e/ x% h% k
上面说 非商业 进口 可以免关税?
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, n" D: ~7 F0 p9 L" e1 v( Y. o& m' l, t$ S  P  y% U% x

) `3 u! f& p- ]: A9 s3 nhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf; u% O2 S  }3 o! J% e+ l2 ~* P

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+ x6 J1 O3 e! F0 `( ]Refund Requests
+ n* ]4 u+ X& J% K( K- p0 l74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who/ n% E1 K& t2 Q
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
8 K% G5 V- N% T8 n) d, ]" Oof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 T- b" o9 H+ ]! b  J(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
2 N9 p% ^) o  |  [, BCanada to the time of release;$ y! |; X5 j% W& K( [
(b) the quantity released is less than the quantity in respect of which duties were paid;
8 H; V9 B* U1 I8 H(c) they are of a quality inferior to that in respect of which duties were paid;
# l; ]+ @  ^. J4 J# b- b% d(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% Z9 @( Q' H& H, Z2 `( l/ u
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
& D' E. i- F" g% `case may be, was made in respect of those goods at the time they were accounted for under% D& \/ p! z4 E( {* |8 E
subsection 32(1), (3) or (5);- z% ~  I0 ~% T
3
4 @( y7 z. u5 X$ p  Z( @/ Z8 W(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
) G% k* Y* L7 z. kpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
: w0 E+ [8 D1 |, \  Xaccounted for under subsection 32(1), (3) or (5);
4 y. B3 l/ O. P(d) the calculation of duties owing was based on a clerical, typographical or similar error;1 I& l1 Z( c: b* V) \
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)0 a9 Y- |6 C  v' C1 g( e7 P: T( |4 k
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or3 Y0 O! Z, Q, v# q
value for duty in respect of the goods and the determination has not been the subject of a decision+ E/ z* i+ g$ ]# s5 }
under any of sections 59 to 61;
" U, H8 E; e' z8 G$ O% O. q. {0 R; s9 t(f) [not applicable to non-commercial goods];
( \0 F6 m& N! G5 N& X(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; {+ C" }! v# }6 [) G: G3 D(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based5 |* }# p- V7 q* P( f) b8 x2 c) e
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
% z$ s' x8 _, j9 U5 {9 C( r. tthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
7 q6 l- i! r: c: {) h7 K+ o(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
. ~/ q7 w7 y% m2 P" V" }unless written notice of the claim and the reason for it is given to an officer within the prescribed time.4 S$ h+ a8 T% V- Y+ ?! m) k
(3) No refund shall be granted under subsection (1) in respect of a claim unless
$ J3 q$ f! c. U' n6 n9 X9 ^(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; L, B4 E- K  f2 p( Q) T5 B+ Z9 H  k
respect of which the claim is made or otherwise verify the reason for the claim; and6 A0 ^7 M% r3 j: }# U  c# B% k
(b) an application for the refund, including such evidence in support of the application as may be
  o3 G. N& M, S8 S+ Tprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the1 k0 l; L  v7 i/ z# q* _) d1 U
prescribed information within  o; Z2 M7 U# r9 d5 V7 f' p
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
7 T' [0 G  l( A/ por (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and$ g. L! R7 {+ U  g* Q, I
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
2 m2 R, p* N  z0 iwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
$ i& S) i6 A: u) R0 c9 l(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of) R; U3 `8 c8 R/ w+ ?; x$ N9 O
this Act as if it were a re-determination under paragraph 59(1)(a) if
  N2 d2 z+ K+ k  m3 Z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied! D1 K+ k- ^; u; f  F3 V. F
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not! F8 Q" q0 [  Z# p. H
eligible for preferential tariff treatment under a free trade agreement; or
6 n: m$ g, A2 C) ^( R% [(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied& A( M" x9 c6 Y) d+ q* q
because the origin, tariff classification or value for duty of the goods as claimed in the application is  A0 @! S0 F8 [; M8 F+ Z9 ~/ w
incorrect." E+ v" j7 G2 D5 u2 F8 k1 \& `" o
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e)," {. r% s2 {9 m0 B
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground" ~+ R4 s( N, ~6 T0 U( |: w  Y
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 {4 N2 Y! ?- k& Wwere a re-determination under this Act of origin, tariff classification or value for duty.4 ]  @( B; [- m3 ~- P3 U  v1 S# M
  N+ ]/ l3 _' `; t- s. R
这到底是说可以还是不可以啊?
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