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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% @, y: E1 i3 v* v0 c6 E
上面说 非商业 进口 可以免关税?4 @  i0 e8 l; @! l* A- n

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3 ?6 z. O  G- u! p0 e3 ]0 m; Q, jhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf5 A$ j# H7 w- T# V# I6 U
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Refund Requests, `: m& n7 }  e, @, a
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who, c8 U9 A; `$ h5 J
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
  y( K" N8 S+ o( y6 z! g4 @of those duties, and the Minister may grant to that person a refund of all or part of those duties, if0 M* w, k, n: E" Y( E
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) q- _& z+ H' t3 |3 vCanada to the time of release;6 B$ s8 F: w+ ~, L. z$ r
(b) the quantity released is less than the quantity in respect of which duties were paid;) P3 ~- e6 |; D* e8 G
(c) they are of a quality inferior to that in respect of which duties were paid;
' o6 K7 Y7 F+ \, `(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% j" s  C  i0 z# Y" F( ~9 S0 }' W
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
' ]6 h* ~5 N; I8 H' `5 k* ?9 ecase may be, was made in respect of those goods at the time they were accounted for under
) t6 {9 n6 q3 _! i3 Xsubsection 32(1), (3) or (5);% P; R0 j, |4 L* d7 c! M
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' l: l) Q, H+ z8 h7 h8 G* k. Z& E
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
0 w8 I$ {6 {8 {) ^accounted for under subsection 32(1), (3) or (5);# F4 }5 v/ Q! I! W. ?4 a, K
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
' `% b5 d- N& N) x1 q* a# p7 n(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)/ _; g, z6 f1 s3 h- g) y5 z
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 |+ f, U- ?- \
value for duty in respect of the goods and the determination has not been the subject of a decision3 ^& b& K: _, E) S* e+ _5 O
under any of sections 59 to 61;6 _2 \  u+ y$ C6 e
(f) [not applicable to non-commercial goods];
4 E' u( x+ a) H(g) the duties were overpaid or paid in error for any reason that may be prescribed.
1 u0 {! q% ^; p$ @5 q; p/ x(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based+ D  S" }6 x. v+ J% K, P/ i! ]
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ X, u2 Q3 F6 Rthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
- W! x7 X% u! O9 @, y: D7 s5 M  _* z(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
8 S5 X$ ?- A6 X: yunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
- C( V1 f+ O' l9 P- i& M6 q(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 a( Z, b( {$ a) [: J) T2 q(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% y  @) ~1 M8 G) C" j
respect of which the claim is made or otherwise verify the reason for the claim; and+ l' g, d$ J) P9 t/ }. l
(b) an application for the refund, including such evidence in support of the application as may be
% L& z6 X) B7 \  Iprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
- s. e8 q* ~/ C! X4 `prescribed information within
7 f7 G& H( ?" L6 x- k(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ p2 ^2 U; u& q3 T
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 j; M( d& w) U, U(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods  v' V  v4 f2 H" t! y& m6 n
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
2 c$ g; n" u; R8 z! D0 x5 D(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
1 }5 m& N/ ]& V) ]/ s  V( S) u: _this Act as if it were a re-determination under paragraph 59(1)(a) if
# L9 W# b, f: E" j) Q( ~/ k(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; g7 Y% `! E6 B2 U
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not( z2 \5 i0 u6 ^
eligible for preferential tariff treatment under a free trade agreement; or5 |; m5 D% p) h* z' f5 I# w
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied: N5 g. @/ u6 K" Q9 M
because the origin, tariff classification or value for duty of the goods as claimed in the application is' i% }& V4 ^. T; o2 c
incorrect.4 @! J1 L. {- }
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
. O3 G0 `4 [, W, [6 A4 T2 t, S(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground0 {$ K1 q+ s4 \% k1 L% r' v
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it  p9 u1 h: }3 I" j2 W0 ~
were a re-determination under this Act of origin, tariff classification or value for duty.) n9 }7 N% z" c0 w+ U  m# m
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