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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 Importations8 q# {9 D! t" h- _
上面说 非商业 进口 可以免关税?
4 C; V  G9 P$ g, k  H" k# s1 m8 T: X2 Q
1 [0 }/ ^% _( \1 b
6 d, E4 T8 K6 E% O  k- j0 ^
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf& c# q5 u9 {9 f8 B

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7 ^6 {* `2 j4 ORefund Requests6 e) @! _8 n& O7 f
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 t' H. ]& I- \/ S3 Y& r8 c+ ipaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
7 E* B2 U2 y" g+ Z+ S% bof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
9 t1 k9 ?  ~7 G(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
+ K' O* b! @/ q2 K$ I) A1 _( l; B* h, g8 Y* eCanada to the time of release;! f( v0 d) l9 k: H. W3 D
(b) the quantity released is less than the quantity in respect of which duties were paid;
; X4 }7 z9 u: X+ M: N. k(c) they are of a quality inferior to that in respect of which duties were paid;
, Z4 R: f/ k" h# u% z(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" d9 U" s# Z2 Ptariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 f  x  v' Z0 l$ K" }1 ?case may be, was made in respect of those goods at the time they were accounted for under
& ?; ~) T& B; f- G) Jsubsection 32(1), (3) or (5);* t2 ^/ p6 l5 L
3
3 z, C% W8 _. ]* u# O7 z9 D' B# [% S(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
2 R! W% q- M) ~2 V3 Q, d7 bpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
8 e) z: \0 f, u0 ~1 Q$ d& u5 waccounted for under subsection 32(1), (3) or (5);) h- {9 U# c( |4 a8 ~+ B4 m
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
+ n8 u' S! X8 X$ |# f(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)4 O9 o( B7 q% C* I8 m
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
. X/ _' ?4 e1 J) j; n; [value for duty in respect of the goods and the determination has not been the subject of a decision
) k7 B  f4 U/ Aunder any of sections 59 to 61;1 g) ]5 t6 b4 u$ }
(f) [not applicable to non-commercial goods];1 s9 }" H. b. @% H/ D
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
/ h- Y+ Y* \. c: A% V5 S0 a(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. U2 j  e9 y; a6 m: von tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
6 p( |& D5 h2 H3 [  wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
% r- V* f( ^! V/ @(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; z/ g$ V5 h1 ?- G3 ~3 cunless written notice of the claim and the reason for it is given to an officer within the prescribed time.: A; I9 q; b/ y- V/ ^
(3) No refund shall be granted under subsection (1) in respect of a claim unless& a( b+ m. K3 y0 t
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
- F  J3 K. t" Z8 \respect of which the claim is made or otherwise verify the reason for the claim; and6 U! Z" `3 ^+ u4 e0 k
(b) an application for the refund, including such evidence in support of the application as may be$ v3 u0 X8 g4 S- f8 n+ {1 {9 w
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the' ~, o  ~2 o& k, M/ ]$ a
prescribed information within8 @2 J1 m# c9 E9 m: Q0 S  `! W
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)5 N& Q* u1 ~: P+ ?* Q% t9 l/ V
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and, f# T. k$ @" U/ ^' P; F, B4 f3 r3 Y
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods0 g# P- z7 a0 i: c; k
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
8 W' O3 I) `( ]- q* l# Y8 N(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
& L, B4 Z0 }& M' Tthis Act as if it were a re-determination under paragraph 59(1)(a) if
# P* U7 C. V, k% c(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied3 P0 Z! ]3 {9 h5 t! [
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not8 k" I7 T: z; W: g. q
eligible for preferential tariff treatment under a free trade agreement; or6 e2 U' o; y4 q: [4 `1 k
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
) v9 v# S- s, a1 v  c9 S, ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is+ s* e* ]) h" d' f
incorrect.
- N6 d  t$ y- F' I(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),% V5 _$ t3 Y- C
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground( Q3 C1 z, w4 J, Z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: F+ @/ c1 ]( g3 A* F4 g1 zwere a re-determination under this Act of origin, tariff classification or value for duty.0 W  L& N. O- [! l/ X5 C0 A

' h( I* c' e) |9 ]5 b这到底是说可以还是不可以啊?
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