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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 Importations2 p% k% h" c; n2 t; m, \# x( L7 |3 J1 G
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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* \' g' f* V3 _% {. ZRefund Requests7 c4 l# x* `5 U% U" _
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
7 ~; j5 t9 R  `3 o9 {$ H( N4 ^paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part) U0 |  D- X* L' w
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
3 S- U$ Y3 _7 K6 b9 `' Q(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 B( j9 ?1 ^4 K1 J% u' k9 z3 A4 j
Canada to the time of release;
: m2 j6 ^1 u. F1 L: ]2 b) ](b) the quantity released is less than the quantity in respect of which duties were paid;3 h$ G" y, v! }+ ?: W9 y3 B1 p" b
(c) they are of a quality inferior to that in respect of which duties were paid;
9 z+ H. S. P3 y4 H7 ^(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" C- f! ?, s3 M: {' H* stariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the# Y* }& B: w/ k* n
case may be, was made in respect of those goods at the time they were accounted for under# x9 Y0 g& ?$ K# Q8 `1 R% P
subsection 32(1), (3) or (5);
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( K8 M# d% ^) \; y8 P(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
3 t3 c. j" B& h: \preferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 u+ ~: e7 }3 t* l. S
accounted for under subsection 32(1), (3) or (5);2 Z' n8 M' K; J+ o' m( c! F
(d) the calculation of duties owing was based on a clerical, typographical or similar error;9 \% o1 i6 u0 J
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). I) T" |, m) U" Y! O; d
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
. ^0 V$ x: E) Q6 c; j6 y2 B0 c" {9 Ovalue for duty in respect of the goods and the determination has not been the subject of a decision
, p( O% s: F  y  z) r, L# funder any of sections 59 to 61;
# e' _: _& X2 {$ V$ m, D(f) [not applicable to non-commercial goods];
: k: n7 t- X8 ~; U(g) the duties were overpaid or paid in error for any reason that may be prescribed., b  G% \1 W2 q0 _" P6 k% h
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
! c& o  G' i) I: V1 c# D- Oon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; L; S" R2 R9 Gthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).* k# Y1 Q  ]4 D
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) @" K  ?4 }4 r6 q
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
  e2 Z: `+ A7 [! M(3) No refund shall be granted under subsection (1) in respect of a claim unless! ^- t( {5 K  x! N4 N8 K6 R" O
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
* \* r8 {% r" S. n  c! M% Crespect of which the claim is made or otherwise verify the reason for the claim; and/ X. \. S* Q) a( I/ S
(b) an application for the refund, including such evidence in support of the application as may be
" v- O2 T+ D2 y) dprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the4 U  u, k: C( p, L4 F
prescribed information within# M; I' X1 ?6 V) C+ O
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)/ U5 A0 a/ ?( y: |, B/ \( ^
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
$ U( G. i' Z) Y! f" R6 d4 \(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods1 b) w9 h% O+ A4 y4 Z
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.: j  k% _# X! }4 o; B' l, F/ I) V
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of' p* \" v7 ?4 `- E' V) U  _
this Act as if it were a re-determination under paragraph 59(1)(a) if  \5 |8 u1 _' u: @. z- e4 K
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied* E, B( o' }+ Q! O/ n  c" ~* w
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not3 j: p/ |  {4 Y3 R4 A9 {
eligible for preferential tariff treatment under a free trade agreement; or/ ^7 B4 W$ X; e
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 b# M9 g3 |. G  V" J  Fbecause the origin, tariff classification or value for duty of the goods as claimed in the application is- e# \2 C7 g+ X, B; w
incorrect.. B0 C: p' g0 {( b
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ l- J8 W( k8 Y- J3 K
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 X5 n/ ~+ Y. q5 q9 w' I# t: y. t
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% r' a" d, M# i# K% c+ m
were a re-determination under this Act of origin, tariff classification or value for duty.5 A: p5 |/ t( `3 J+ L. ]+ S* q

8 t( n" g" z; `9 j5 E这到底是说可以还是不可以啊?
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