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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
# n7 Q! T+ _0 @上面说 非商业 进口 可以免关税?8 h# E8 r$ C/ a( C9 W$ R
$ B6 R4 ?7 D. G) p  v3 e0 n

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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
; e  v9 W% {: Z74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who& W+ _, ~$ L  U
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 E% A5 u, r% Q) ~' e: ~of those duties, and the Minister may grant to that person a refund of all or part of those duties, if$ d& k& q0 N; M
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to, W! Z7 U1 y: V8 a6 a' U
Canada to the time of release;. P+ p$ ^3 S' f. V& F3 _
(b) the quantity released is less than the quantity in respect of which duties were paid;1 G* u1 ?% b/ K$ h; K
(c) they are of a quality inferior to that in respect of which duties were paid;
  ?6 l; v0 G$ ?& x  E% F2 O$ k2 ^(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential, {- y- \5 ^% }* n! b  n/ e
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) w) p4 N' I% j3 F" B
case may be, was made in respect of those goods at the time they were accounted for under
+ V% N1 `6 K0 f" n6 |subsection 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* @7 d3 d2 {6 k$ A
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 y0 I9 Z) n: X
accounted for under subsection 32(1), (3) or (5);$ W7 |: G6 A  X9 ]' r
(d) the calculation of duties owing was based on a clerical, typographical or similar error;- |% `7 M& Q( S- J& e
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
9 F( K) u7 U+ ^of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' X' i) ^5 B' |0 [8 u6 A  vvalue for duty in respect of the goods and the determination has not been the subject of a decision
, k: G: u$ Q0 N5 H+ f2 `under any of sections 59 to 61;! {. y! S+ x) O
(f) [not applicable to non-commercial goods];) X3 T; e) w( h7 f# J% Y) x! E
(g) the duties were overpaid or paid in error for any reason that may be prescribed.' R. O4 Z/ ?- G" p5 ~
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based& S+ v  ~- N! J$ K1 r6 e6 D$ i
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
+ S" d8 i/ O1 H0 sthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)." v  y6 D3 C% U  V4 ]
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
- Y8 S* d9 B1 Y+ eunless written notice of the claim and the reason for it is given to an officer within the prescribed time." X9 ~! B8 |: V5 s; |* w6 h* d, o; S0 Y
(3) No refund shall be granted under subsection (1) in respect of a claim unless& @" q' L# d& J* {/ Z% a4 ^
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
7 ~6 |7 _6 y6 o3 I/ f1 `8 R! Erespect of which the claim is made or otherwise verify the reason for the claim; and
5 h; h! V1 C1 x& C5 R/ Y(b) an application for the refund, including such evidence in support of the application as may be
+ }) h$ i8 J' f8 ^prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& u' w5 z1 q3 F- C8 z1 l) s2 e* Q
prescribed information within
& T& F- r# O" m3 o  |  T(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, ^& k! N& g6 ?/ u: e; c' L/ Aor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and+ _4 H3 s. q5 d1 L8 \
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; w* G0 L8 K2 t; g. L2 o% k0 d
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
8 s/ S. a9 F/ E) }4 c6 W0 E" }) f(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of2 y+ r; u' Q" j; C; B
this Act as if it were a re-determination under paragraph 59(1)(a) if
0 E1 `2 l6 Q6 V+ Q(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied5 F+ `" E0 u% @6 ^# D
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not/ G! y% P9 }8 p1 i% ?3 s' w
eligible for preferential tariff treatment under a free trade agreement; or
9 P. F+ Y" ]+ _(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
2 }  e, f+ c+ I# m( [: j; Kbecause the origin, tariff classification or value for duty of the goods as claimed in the application is; c8 ]! D; m8 O5 {. E$ ]6 Q* x: s  K( S
incorrect.2 c# j5 M- z6 r- ^- R5 b# W# W3 H
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
. d8 ]: r7 \9 ]1 g( x' P& |(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
' J7 t- c# ]% ]other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
9 ^" ]4 }0 y  W! pwere a re-determination under this Act of origin, tariff classification or value for duty.
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