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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
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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
; h+ q- W7 ]$ l/ N上面说 非商业 进口 可以免关税?
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+ a9 j+ g; S( {6 n& U! @9 ~http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
+ l, X; N" G# V3 x) H7 l8 {
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3 O. S* A; S. N: D- M. FRefund Requests* j0 a/ t8 b% e0 V
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" P, x1 c' y2 X; h1 s; apaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% B# e1 r& R, t3 xof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
9 Y6 O! S5 g2 I& ~(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
! ^2 ]+ {6 a; y$ T; dCanada to the time of release;
5 [& \$ f& k* ^* h8 K6 B(b) the quantity released is less than the quantity in respect of which duties were paid;
: s: w, e5 @( C$ B(c) they are of a quality inferior to that in respect of which duties were paid;
& p2 D: G. X$ @& n3 F4 q(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& {: T% ~3 }7 N5 F7 S1 D! Q: `: k
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
. f* f$ Z# N. J) f9 Ecase may be, was made in respect of those goods at the time they were accounted for under
5 k3 V1 Z. p. S: jsubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
% p% r5 h, C3 S9 Dpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
! t. b, k1 j# U) E( k3 k9 Laccounted for under subsection 32(1), (3) or (5);
$ h, r/ m7 |% Y2 Y, L(d) the calculation of duties owing was based on a clerical, typographical or similar error;, q$ D9 h2 e2 Z6 y  ]  |0 F% _! T
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
5 h( P' L( U: ^; X0 J' P6 Kof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or2 v& e; ^3 V1 t5 j( G. l
value for duty in respect of the goods and the determination has not been the subject of a decision
8 K& n$ q2 G% @3 L( sunder any of sections 59 to 61;
7 Z0 Z; z5 H" Q9 U* X$ D(f) [not applicable to non-commercial goods];- W! q9 Q- h8 H( @+ b7 a
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 m# F" m/ M! z* j5 y, h; F(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based% Q3 Z) s/ V) p  P' D
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of8 D, j' q$ }3 \. |, N
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
$ {! L3 X. ?! X0 h4 I4 N8 K(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim/ s. c5 h% O( Y" u- W1 G/ ~
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.9 L, T* d8 w9 F% f
(3) No refund shall be granted under subsection (1) in respect of a claim unless8 C% V; }. @+ E+ ^
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in& M" @9 N( g! v: L
respect of which the claim is made or otherwise verify the reason for the claim; and
& Q5 ~8 G6 l7 O6 K* v! D0 C: v(b) an application for the refund, including such evidence in support of the application as may be. I3 _  ]) @- i7 i6 @8 T& x
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 |+ v% _/ N* y3 x/ V* W6 `2 @8 h( U
prescribed information within/ R4 z4 p2 {- `! H% p& C( L
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 R; n1 l# {( Q% p
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and* Q( K0 k5 J0 ^, j" K2 x& w' }  W
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
* x1 ]2 T) M: [were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' C1 s0 Q9 o+ q$ {
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
% u) x. ]/ b9 e- lthis Act as if it were a re-determination under paragraph 59(1)(a) if- H" l% I) I4 V9 p- ^; T
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& F5 C& P; u6 \because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) V- Q. t: f" L( K9 x9 z9 D
eligible for preferential tariff treatment under a free trade agreement; or: O: f; u: H. d7 G. @0 s+ r
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ U* K3 f8 i% r' jbecause the origin, tariff classification or value for duty of the goods as claimed in the application is* T4 a% z2 ~% z" X
incorrect.: ]! [) `8 h2 D* i
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),6 H0 F9 j2 x1 L# k
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- v4 _5 d+ z4 p! Y
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ K& i% e1 e* w. a% ~- y
were a re-determination under this Act of origin, tariff classification or value for duty.
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