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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 Importations3 {/ e+ o9 E/ Y; l
上面说 非商业 进口 可以免关税?5 S5 j" i, I2 r" {& v& l# X

; K; _' ]4 M% m" T9 ~: ]# V  y+ k( V" S' W& G* c; n
+ H+ d( C" O9 v/ c' W8 n
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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( E& M4 z$ ~1 ^" e' u/ S( v4 O0 A, V) `' @9 o; L  W1 t4 W
Refund Requests
& U1 y# c6 E5 H* Z: Y74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who3 o4 N5 b( Y$ o& x- m
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
( q. K1 {# Q& J7 R" I4 [1 ^6 v, sof those duties, and the Minister may grant to that person a refund of all or part of those duties, if7 ^3 x# P/ y; W3 K; l- Q4 C
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to& B/ w9 \# B8 T/ I: l- b
Canada to the time of release;
3 v0 A6 p2 X2 `(b) the quantity released is less than the quantity in respect of which duties were paid;' [7 N+ |2 ]  A9 l; b( }3 v  D
(c) they are of a quality inferior to that in respect of which duties were paid;8 Y, F" _0 S: b/ v8 Z  ~  W
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
2 _0 }) Q. V4 i, t6 ztariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 Q2 L- b$ M" K% z* |* M5 Dcase may be, was made in respect of those goods at the time they were accounted for under7 _: H  }7 _" L/ g4 E0 }7 S
subsection 32(1), (3) or (5);
4 {/ I' @4 E9 d- T! @/ T3
, Q1 `$ q! Z0 e# y  ^' M(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
  p! L6 z8 z# X# U& r4 E4 A3 qpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are% h  G# v5 n. i$ Z2 j6 |
accounted for under subsection 32(1), (3) or (5);2 J5 T" K$ W+ y3 N& o' b9 P
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
! R* ?: ^( X4 W# H1 `/ o(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2): ]9 C+ s+ W$ o! j, V9 r
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 C( I: M9 i, M4 M7 p0 r. gvalue for duty in respect of the goods and the determination has not been the subject of a decision
7 N, @$ L& x& H0 hunder any of sections 59 to 61;
, l1 P8 e; O) m! u( k! a(f) [not applicable to non-commercial goods];$ E( M6 B! v: ]
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, F3 l  u( c% n3 F% T* \: ?(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based! e* U. P( E3 f1 a3 }
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of- {2 y. y) o: e, Q" Y
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
) t& \. j: k% V' a, n(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 s' N2 x4 ~0 Z* e/ {8 o* vunless written notice of the claim and the reason for it is given to an officer within the prescribed time.6 b9 Q. }" B9 i- H, c# j4 T
(3) No refund shall be granted under subsection (1) in respect of a claim unless
  J4 Y7 R( Y5 @6 R4 m  j6 v(a) the person making the claim affords an officer reasonable opportunity to examine the goods in: b- I! y7 k: h
respect of which the claim is made or otherwise verify the reason for the claim; and
$ j0 G8 I/ T. s. I, c8 _(b) an application for the refund, including such evidence in support of the application as may be( _6 N% F8 i3 C* {; N3 b# S$ G' O
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 [2 s# ]. d* g# m, m
prescribed information within
% r' K2 g. v$ r9 j9 b(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
7 s- ]0 R* E( y7 A6 Z0 lor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
1 w0 K8 g1 ~& E(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
% U( K' l$ s. O/ lwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
0 ]+ T' d* K/ e: B(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
8 }* y. J+ ?. q9 X( j) L/ y! dthis Act as if it were a re-determination under paragraph 59(1)(a) if
; g* _, L! A& _, ](a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: e# f1 I  ?9 [4 W2 k& E1 w% Tbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
4 q) Z8 A# F8 a5 B- }# B. }' [" ~0 Meligible for preferential tariff treatment under a free trade agreement; or# w: i$ u9 V3 n; F4 P$ P
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
% A, t: O- O8 T- L2 [because the origin, tariff classification or value for duty of the goods as claimed in the application is9 y1 W; Y+ ~# l7 S6 g; T4 E
incorrect.5 }8 N8 J: L  K: }( ]: x/ B+ v
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" X- @3 T8 [  s5 X' @* k  T(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
9 J/ t7 \& D# _. t% `2 @/ W3 Tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it! r0 B1 e* i4 ?, B: {; k  C" G
were a re-determination under this Act of origin, tariff classification or value for duty.
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: G, @4 l1 O, u4 R$ E* q. k这到底是说可以还是不可以啊?
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