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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
: z# h- D* d- k9 N/ C6 u) I上面说 非商业 进口 可以免关税?/ p# ~: o4 n, m. s3 h

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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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& W) L* Q- _8 k( x5 }9 _( k& nRefund Requests
0 I# ?9 i- Q- X; r; _2 f' y74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 W! k0 i3 Y* p4 y2 K: ~6 }8 u
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part, y8 \1 N/ {! O
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
2 u8 s7 V/ Q! v6 \% G! v(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to5 y% z& M0 c$ ^. ~( ^( f5 H
Canada to the time of release;' P+ z/ n  y6 [' J$ B
(b) the quantity released is less than the quantity in respect of which duties were paid;
4 |- t) _& {( R(c) they are of a quality inferior to that in respect of which duties were paid;4 e$ ?0 I- K9 L
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 i/ \  V7 K) o; E  \tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ f1 }( x  |4 S6 [: L
case may be, was made in respect of those goods at the time they were accounted for under
; X( P( w5 x3 isubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for0 Q  d2 R7 e" ?( H0 a9 T
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) p1 }2 @, l$ ^accounted for under subsection 32(1), (3) or (5);' W* F$ t0 X$ ^5 j/ @3 K7 x
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
* u( A/ n( e& T6 {& @/ @(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* m8 M) Z1 v1 ^4 S* Q
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: K$ y3 j* ~. x: D2 t* Zvalue for duty in respect of the goods and the determination has not been the subject of a decision
" J# Y; ~8 j3 Junder any of sections 59 to 61;, F" e  X; ~$ c) S% R( p7 L
(f) [not applicable to non-commercial goods];
" b, f, }" m! `. z* v3 T(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 a- s  n$ L. w
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; s) ~8 r: I- N
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 |* K" ?$ b4 A/ `# |% \! A
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
! A6 Q+ T* R4 v+ d$ w8 s1 T: ~: x(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 O2 ?" R1 Y( d! a
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
2 H$ I4 D( X9 p1 D# V' C, {(3) No refund shall be granted under subsection (1) in respect of a claim unless
7 q1 T! W/ D7 J2 {0 W: ^3 D* G' G% e(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ g" a% i! G) _6 Y8 e+ }6 i5 irespect of which the claim is made or otherwise verify the reason for the claim; and; ?$ K4 i0 p3 k* \1 Y
(b) an application for the refund, including such evidence in support of the application as may be
/ g5 K1 B4 ?; Eprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the! z7 Y* S( z7 U& b, N
prescribed information within2 b9 v, P5 Q  {5 J4 ]$ F: Q
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)5 S( @# c. J" S2 ?
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 G. A: I0 H% z" o7 [6 b4 k5 a
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods0 j7 z4 d- H3 e( b% n- [
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 @, D+ K/ b. s' Q
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of& h$ b; U# H8 Y7 _+ z! F
this Act as if it were a re-determination under paragraph 59(1)(a) if7 r4 G5 i# f& V4 l+ O+ d
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
, W' ]4 {  N; ~, P5 ^7 H0 Fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
7 C$ P7 `/ |  ?! Aeligible for preferential tariff treatment under a free trade agreement; or; l, [. i/ v% F3 X7 T  j9 M- F2 Q
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. y6 J3 y9 Y5 w% o; Y, X; C
because the origin, tariff classification or value for duty of the goods as claimed in the application is
2 f5 t6 j. V) s( Fincorrect.' P' e+ Z* d% D  Z0 q
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),: B5 r1 U9 R" s) D0 w' s
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
( h' @' L# l+ c" X8 g; pother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
& ]& {' ]6 R( iwere a re-determination under this Act of origin, tariff classification or value for duty.
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