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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% a. L0 u2 Z% i8 f
上面说 非商业 进口 可以免关税?
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5 g6 Q2 ~- G# @; f4 g5 khttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf3 R  k7 D# u7 U8 t' N

5 ^1 Y3 M7 e1 O0 D- O) A* \% L/ r) f2 o( @- X; ^/ n& z1 k, |) f
Refund Requests
5 D  Q; h+ O$ D$ G2 u  S74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
& u- s( n3 J. T5 }/ e- C9 x0 Hpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part6 N- c6 h, K0 P; Z9 D, p
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
3 w! [2 A7 q' r; l4 Q+ ](a) they have suffered damage, deterioration or destruction at any time from the time of shipment to. c% U: Z; u8 _6 T. C- I
Canada to the time of release;7 G. B, {- y8 {
(b) the quantity released is less than the quantity in respect of which duties were paid;
( ?) p) O% ?8 s: q(c) they are of a quality inferior to that in respect of which duties were paid;( v$ z- w+ Q" d1 L7 Z
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% u# l) S8 ]# d8 F7 f
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
" q& R0 w+ \4 m/ R6 Y$ ecase may be, was made in respect of those goods at the time they were accounted for under
! D, k; c" w/ c" Tsubsection 32(1), (3) or (5);6 A: M, o4 q  ]) ~% [5 e
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, f# U+ m: d: g* o2 y4 D: F(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for0 `& U3 ]5 [1 |/ d- y6 O" \, U9 v
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
4 C6 {5 n5 l; p3 {/ G& Maccounted for under subsection 32(1), (3) or (5);6 w& |. V- e. y  P0 ^; M
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 u1 w: e% m9 h. I7 M" Z7 b9 [& p' z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
. `: {( ]; F; c/ s9 _  wof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 X' X" U. \" J: \% N' e: X) ^! K
value for duty in respect of the goods and the determination has not been the subject of a decision: ~" ~: {3 S/ q* ]
under any of sections 59 to 61;: x: D* D* [# P4 J- o( I
(f) [not applicable to non-commercial goods];
8 b. A& g* H5 C: e+ @! R5 b2 \(g) the duties were overpaid or paid in error for any reason that may be prescribed.
- X* G' m% i6 D2 }) F1 u% U& H(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based4 D7 T6 I0 e$ E# L) w
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
  B' o8 s; M9 h& ^8 h$ Vthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).9 k5 t% g* {% j" ~8 F0 E2 c/ A
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
& {' m/ A+ A) a! ~8 Nunless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 @; d: d7 E0 B7 _# i. ]
(3) No refund shall be granted under subsection (1) in respect of a claim unless) }" o/ a( J0 v# m6 n
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
  @. J+ @- L$ W. B8 Mrespect of which the claim is made or otherwise verify the reason for the claim; and) \8 ^  O: G. U/ |. M* Y$ O2 h
(b) an application for the refund, including such evidence in support of the application as may be
. t& Q' E. ]  o8 l  X( @- zprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
! d6 n0 a1 z% o2 _prescribed information within4 w* \( I7 b0 _, x( }* }1 l8 r
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
  R5 k5 Q6 d: \7 H6 O7 G' W& K! l) Wor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and6 w# r; `/ Y$ r+ ?$ i  t
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
) J! s; |+ Y# _1 A2 R" Lwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.0 g3 o6 k; V/ a5 G
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
' C; Q3 n* q" x# w" p6 E1 C' qthis Act as if it were a re-determination under paragraph 59(1)(a) if
, \* P* u9 I$ x! f(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
* ^. D) i* X8 O% X2 b* Gbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 A4 t* I4 |$ U% Weligible for preferential tariff treatment under a free trade agreement; or
( H1 N/ ^% ]/ T* ^" h) h(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied9 r" ^. k3 x/ S5 D
because the origin, tariff classification or value for duty of the goods as claimed in the application is
% {: h# F* C( n" `5 mincorrect.) u2 a8 B5 ?9 h( f  C
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),# c- v( }: G$ e* A0 P1 @
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground8 y+ H! C) I7 n( a
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it  c4 V8 e0 o; I. M  Q
were a re-determination under this Act of origin, tariff classification or value for duty.
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