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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
; K/ B- {) G7 W& @2 i# x: A上面说 非商业 进口 可以免关税?
' B4 L- g, J" m1 c5 T# G4 G; N* z+ K2 }2 U8 u# l0 X; _

, r4 O. @0 a. r% _3 \, z" B5 J
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf' ~8 N3 x2 f' B; F

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; Y4 a) I+ X5 lRefund Requests  p3 Q% R; v$ g' y1 r  \
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
0 q- K# y  u1 u0 z' opaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part  `2 N/ f. Y& P5 l1 i6 O  ?
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
+ c8 p+ |; ]. C1 v: u(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to, |0 ]) P/ ]7 b$ \$ g1 Q
Canada to the time of release;: ~$ e  o/ z* i, T7 B: U2 R
(b) the quantity released is less than the quantity in respect of which duties were paid;* B5 a, ^4 a  y  l
(c) they are of a quality inferior to that in respect of which duties were paid;( L9 {2 R; T7 |' `! _
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
0 p. ?8 X- K1 e6 O- W; v1 i% u9 Atariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
# G; n' x9 S# z3 v3 T3 bcase may be, was made in respect of those goods at the time they were accounted for under
3 I, D" U+ S# a+ l; Vsubsection 32(1), (3) or (5);
& I* o7 \/ h: f* M! H34 |+ ~; O% S0 N% U$ W, ?
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for  h: ~1 O1 |& l7 J
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are( C2 W" K* W9 _5 {0 U
accounted for under subsection 32(1), (3) or (5);! F) y8 T8 r; |
(d) the calculation of duties owing was based on a clerical, typographical or similar error;) q/ [/ R1 L; {
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
" U! f2 G: y5 ?$ Lof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or0 s! \4 u* ?6 e0 J  ~
value for duty in respect of the goods and the determination has not been the subject of a decision
; ]2 `7 B0 u# V% nunder any of sections 59 to 61;# |( B8 c. M0 a" X  d" h' o
(f) [not applicable to non-commercial goods];( t, I& v! K" L
(g) the duties were overpaid or paid in error for any reason that may be prescribed.( c% o% t. S# R) Q8 h+ r" w6 ^1 g
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
/ V( I, W2 B9 x3 j/ c8 Oon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
3 ?- H$ b8 w& e1 Tthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).8 \" l& h2 e% `
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 ~" P' E5 i& c4 `: T
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
1 H& ], x) z0 F; t9 t$ ?6 B, Q(3) No refund shall be granted under subsection (1) in respect of a claim unless+ m3 B( c% o( l0 N& y% Y4 N
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
; Y3 H$ \, p1 H7 w, ~( grespect of which the claim is made or otherwise verify the reason for the claim; and
6 n+ a( G4 O2 e3 q(b) an application for the refund, including such evidence in support of the application as may be9 J4 k% y! f. D3 l/ r
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the0 v* U$ E1 z  u! b0 l9 P( s
prescribed information within6 N, Y, L  a1 J7 A
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
/ D4 G8 o) L' D+ M* ^or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
  `1 ?3 A7 g& n7 Z(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods! Z2 H5 c& o9 \9 ~- O0 }
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( A8 I0 _* J3 h+ J8 W1 [" V3 i& h
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! y/ h- T& I1 Z
this Act as if it were a re-determination under paragraph 59(1)(a) if* {$ f) B. I  e  o+ B
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 w6 `6 J, ~) `9 x# j6 N4 abecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) ~0 |( N& _% {: Z0 X
eligible for preferential tariff treatment under a free trade agreement; or- _9 R! S2 u8 ?- r+ m0 z; M9 d
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
' P& y, u, P* [( E. bbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
3 ^' n0 y0 s# Vincorrect.' k( U( m9 y* W/ I  c3 H0 e
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),- K# e7 p2 l3 h' {( X" z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# D7 n7 R& D  ^2 E
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
1 D5 _/ l0 M9 ^$ bwere a re-determination under this Act of origin, tariff classification or value for duty.) F% t1 H. Z8 S4 G1 I2 @

* {, U" Y# u; o* S1 @这到底是说可以还是不可以啊?
理袁律师事务所
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