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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
6 @4 q$ ~$ R1 B! a: D上面说 非商业 进口 可以免关税?- v. @9 a% `6 v
3 M$ [8 k3 p- c& Z  p- c4 c
  n- n+ v& W# i; `- v) ~& d

6 q& Z: g1 W1 x/ A. s! n1 ^http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
4 w: R6 [" }6 y6 n; D! V+ \% h: c9 K& W

2 O1 G( U* f3 ]- {- h4 ?5 {8 PRefund Requests0 n1 p4 i; i- Z5 c8 X! J$ [
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 K: `. U, s& Q) w  ]9 M
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part+ i7 O; i& \! h4 f) j/ g
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if3 j3 q3 R/ Y) F( Z
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to" e  Z7 w. @: s7 A  e, z0 i" Z5 {
Canada to the time of release;- g! u0 l$ Y2 P. o5 }0 `4 M
(b) the quantity released is less than the quantity in respect of which duties were paid;
* _2 t* a% u, z- D& H4 A9 J(c) they are of a quality inferior to that in respect of which duties were paid;
- U& [% d7 V$ v5 X; h5 i. V+ r(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
' c- V6 c8 H8 m- r( F, x+ ztariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ W, ^# H" g5 _6 k+ P* i
case may be, was made in respect of those goods at the time they were accounted for under7 L: u! f& h# p% M3 h
subsection 32(1), (3) or (5);4 s( @4 e8 C  H6 s
3
: V/ ~( ^" Y5 x- c1 P/ Q/ M9 s. V# S(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
6 }1 D+ C; Z# H% t: dpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) E: G; n# s5 l  y* gaccounted for under subsection 32(1), (3) or (5);
- H. P- F# N+ p4 p$ ^5 O% o(d) the calculation of duties owing was based on a clerical, typographical or similar error;/ T$ N; L' M* L6 i
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)$ x9 Y- r  n. ~! S  E& Z" P4 _: d" j
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 C, o9 W6 o+ V) n$ Z" W7 \
value for duty in respect of the goods and the determination has not been the subject of a decision
6 ?! H( K3 ^* O8 e$ U( funder any of sections 59 to 61;
2 O9 f* E3 E. w(f) [not applicable to non-commercial goods];; z( Z' m0 ]$ U; o1 e
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
3 b2 P  B' ^  B* j(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
( V% [$ e2 _! D7 z0 pon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
9 ?4 i$ B) g0 S; I& ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).9 l- ~9 X( ]( m5 ?! m
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim! o' F; M" K3 d! a, J1 c, G4 L$ F( O
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
( V( c1 F: p" k(3) No refund shall be granted under subsection (1) in respect of a claim unless5 c+ }; U% {4 e5 N; l( l, m' t
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
$ P7 ]5 {! C9 y  [" {2 lrespect of which the claim is made or otherwise verify the reason for the claim; and7 y( L& i- K. [1 i/ V
(b) an application for the refund, including such evidence in support of the application as may be
/ }3 e4 W7 S1 @' Bprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 J. d1 Q9 n* Z0 i; P; B. Dprescribed information within9 |8 d3 E+ I! D9 e: ~* z; N% X4 \7 a
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
5 P& Q8 M4 g7 ^  e) T4 }4 a/ a3 }0 por (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
/ T- Y. Y* k  D/ W, i: C0 W(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods) I& z  ]# R" x- I5 }
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 z" E8 w5 T3 {9 Q
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of0 A5 x4 v0 u" Y# M" S( T
this Act as if it were a re-determination under paragraph 59(1)(a) if
: F9 q* n- b8 C1 \(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied$ |) c0 \8 Y( \* n
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not8 v4 k$ a' |. A% N/ X
eligible for preferential tariff treatment under a free trade agreement; or
1 Y0 Y) w7 P$ Q( J) b' X$ |(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 j! g8 Q6 D: [. b) m- Y* D
because the origin, tariff classification or value for duty of the goods as claimed in the application is
) r$ C7 i! J- s3 tincorrect.  U0 @: j3 H2 [, J6 k3 }
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" j9 [; {- h  L4 ~. j6 V9 p(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground" [0 Q: c+ w% V. F/ d7 g8 r
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
' o. k$ p2 T# F6 D) U( g2 D5 Cwere a re-determination under this Act of origin, tariff classification or value for duty.
$ ]0 b* X- j; K5 F9 [. n, D8 O
. [+ o. d0 T. c) g/ Z' j% f( [这到底是说可以还是不可以啊?
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