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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
# h9 _9 s7 f+ Q/ N8 q上面说 非商业 进口 可以免关税?
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1 g( s/ i$ X3 ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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* V  r# R; W8 {Refund Requests7 Y3 {  L1 \: ?+ I3 G/ K% k
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who' x8 m0 d8 k7 k9 N1 ^
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part; C( R9 c" _2 y! E
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
, e% U( `4 Q2 d  }(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
# _7 z, ^7 d$ g; T' f, cCanada to the time of release;+ Q! n8 p$ H1 A5 `2 s2 B
(b) the quantity released is less than the quantity in respect of which duties were paid;/ C, R* P1 D  z
(c) they are of a quality inferior to that in respect of which duties were paid;$ v. |/ D- X4 v/ ?) R" c
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
& w* M9 }! G0 ftariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ q* e/ u% h2 q
case may be, was made in respect of those goods at the time they were accounted for under3 [1 O0 u! l. V/ u
subsection 32(1), (3) or (5);6 R; q6 i7 B) |  k1 f) D* B. r
3
. ]6 |% Z! O' Q! L" I4 s(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
- w" Z9 `) S0 K( N+ `8 N& y7 o9 ppreferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 L: [9 @; G& L% o
accounted for under subsection 32(1), (3) or (5);$ j, x( T3 r( Q9 L4 n, Y
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: q/ Z3 v7 c+ V. H1 p(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* j5 Q' h; a# f/ B. e: j
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
- ]& p2 e# s- D5 rvalue for duty in respect of the goods and the determination has not been the subject of a decision+ D0 \5 Q& ^; ], t$ f
under any of sections 59 to 61;% w! `( X5 ]  R2 D2 P
(f) [not applicable to non-commercial goods];# Y$ a% X9 `- h8 U. d0 i8 t
(g) the duties were overpaid or paid in error for any reason that may be prescribed.( E9 `$ e  x5 p# d4 c
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
: F' }8 D' d8 m+ H3 \! \9 qon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
8 Z9 d) Q2 ~5 ^8 F) Rthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).9 T/ N# S0 R( f6 h0 T0 R5 n6 i
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim7 h" s' {1 o8 R  d4 H- h+ g
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.( a+ B7 z; P$ `$ k$ e4 r! X
(3) No refund shall be granted under subsection (1) in respect of a claim unless5 _. x, N7 {$ s% `8 i4 U
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in$ a& m, I  K/ j  R
respect of which the claim is made or otherwise verify the reason for the claim; and7 Y5 Q& G) _& E& r) B
(b) an application for the refund, including such evidence in support of the application as may be$ R/ z9 G+ T- F
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ v2 ?7 |- ^/ A( z' g# Mprescribed information within
+ K& f7 }! x/ {% z# Q  X2 b(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f); y5 q" k; P9 x, b5 \
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
: w5 _  ?9 Z& H5 P1 i) n8 E; D(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
% ^- `* g% W2 L* iwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
. c; `8 [9 s3 H' o0 h8 s(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
( f8 Q# Z7 V  c/ e( P* Qthis Act as if it were a re-determination under paragraph 59(1)(a) if
& {. A- a6 V/ {+ U3 M(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied* q- V! j3 I# O, ~( O
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
0 r* H8 ^5 z9 c% ^  ?# Geligible for preferential tariff treatment under a free trade agreement; or
* J4 o8 C( ^+ c(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied6 ~5 s) _+ l: }
because the origin, tariff classification or value for duty of the goods as claimed in the application is' [% Y# a! S* J
incorrect.
- f$ c- C8 G/ N$ |(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
0 t0 @: b8 J# L5 d$ X2 ?4 `(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: V$ Z9 H/ M4 h, B' ]4 A$ E
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% C+ r3 y" G) k: f- Q# N+ Cwere a re-determination under this Act of origin, tariff classification or value for duty.+ c$ H$ u8 n& z- Q2 n' ?2 e& h
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这到底是说可以还是不可以啊?
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