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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
+ ?: U! @8 M9 R- H( n( Z  u上面说 非商业 进口 可以免关税?- F  X5 |4 @2 |* G# S: i7 N. S

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( y# t8 B% J* w+ M3 P! F3 vhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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5 m$ h* H  G% j- o: LRefund Requests  f( ~) I$ ]6 g% A+ u7 e- ^
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
: y- b4 E( ^+ x5 i- gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- O! k+ a) g( ^. b; c" H' eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
+ z8 H! H9 I. `1 x& G& `7 q/ @(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
+ q# G; ?& Y8 b# w5 q! JCanada to the time of release;- ~; i+ c! O0 |/ }* a* V
(b) the quantity released is less than the quantity in respect of which duties were paid;2 U, u* u, y% J% l3 ~
(c) they are of a quality inferior to that in respect of which duties were paid;& S: C7 a6 w3 }
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& ~8 j; n. x0 R# [
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
- q* ^( K2 f: l( x; w+ tcase may be, was made in respect of those goods at the time they were accounted for under" @8 S) J8 E7 L
subsection 32(1), (3) or (5);
, [4 m1 a0 |) `4 G: e4 Q3
# r6 T4 E) y( s1 c  K! T! t/ ](c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
: d& R2 T0 c1 u( a6 |4 {  Mpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) U! }4 r6 h- c! d3 M: O' zaccounted for under subsection 32(1), (3) or (5);
0 K+ Z, E" b: [(d) the calculation of duties owing was based on a clerical, typographical or similar error;
& ]0 H( Q) V6 `1 Y(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)4 r  g8 E0 m4 P% h, R# q4 s
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
3 Y# U: S1 Z8 Z- F% mvalue for duty in respect of the goods and the determination has not been the subject of a decision) {8 g, D- Z0 j. ~& i5 \
under any of sections 59 to 61;
3 M, h. u) E5 k) n" {(f) [not applicable to non-commercial goods];; I: L( E  K4 ?8 d$ y' n- e3 e
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
) t; T" ]4 y2 E0 t(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based! K# e$ n; u6 q, @; |! u6 ?1 y
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of5 x3 g; X$ Q, G/ W3 J1 h- n
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
. |) u7 a4 U7 }(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim! i5 [$ ~6 l& F
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
* t* V! ^0 F4 g7 H4 a, J  C  f(3) No refund shall be granted under subsection (1) in respect of a claim unless
, R9 ~* V9 [& w( b: H( [. {(a) the person making the claim affords an officer reasonable opportunity to examine the goods in& P4 {3 }" K+ s3 @. a3 @# O
respect of which the claim is made or otherwise verify the reason for the claim; and
; u' Z/ D0 V/ e! N3 e(b) an application for the refund, including such evidence in support of the application as may be
) @. O" P3 B3 j; fprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
- [% r4 l: L( h8 Iprescribed information within6 R' J2 e% O8 u- [6 s0 [, T* Z
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)8 p9 N) ]- o- y8 t, F
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' h: M/ ]# v& r8 V; W# U( ~7 g8 u
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods8 p# Z$ k) i) B8 V
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* S$ W7 l! x1 J$ ?5 U
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 y4 G( o/ M3 K/ e/ a+ g2 q
this Act as if it were a re-determination under paragraph 59(1)(a) if
  n/ c) _& j0 Y  {(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
0 b$ g8 p0 t3 A, gbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; a5 H: ]1 q1 B0 Y
eligible for preferential tariff treatment under a free trade agreement; or
: H9 E3 V4 ^- @! ~5 T& [- ~9 x3 B- g(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
; s3 \# N4 Q  b' i3 x9 z  Ebecause the origin, tariff classification or value for duty of the goods as claimed in the application is
7 A# i4 O$ [. H; v( aincorrect.) n" `4 ^7 o: G3 k( |( s
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
3 t$ v, ]. k' d6 @7 f6 x8 S/ B4 x+ a( A(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 d# R" w' m6 B4 Q; X& }
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 X9 e4 m* ?# Y) `, b/ `were a re-determination under this Act of origin, tariff classification or value for duty.0 \& t! |# d' s$ H3 P2 Y) c
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