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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
2 ?# n; d& t7 O; p5 S$ H+ G7 i上面说 非商业 进口 可以免关税?2 v$ I: H- ^& v- D& g6 Q- o+ [
) q% O) Z; `' ~9 F' k$ X
+ J) O% G' [5 F" Z* y/ l
& M7 S3 L2 w7 e" K( i6 S6 j) ~
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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: g$ E3 I3 J( V0 S, F$ [0 h- `8 r5 }Refund Requests5 x1 V4 v% q1 E! B
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who. K& z5 a/ t8 B8 X. H- S; d
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) R7 r7 t/ W1 k7 W! X. s5 Cof those duties, and the Minister may grant to that person a refund of all or part of those duties, if, \1 Z2 |0 s5 ~9 s& Q& r
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
  g- B9 d, T: W, H+ K! aCanada to the time of release;- i% O! V# J. G8 h
(b) the quantity released is less than the quantity in respect of which duties were paid;
, A' t( ~3 \* s(c) they are of a quality inferior to that in respect of which duties were paid;5 E% I, ]2 Y7 \- }- e
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& @7 e  V! J  X- S) k4 q& C
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
& b0 X; ^" J  e8 S# P0 xcase may be, was made in respect of those goods at the time they were accounted for under
9 R2 I9 Q1 o, U1 ~: x) V( @* @* o. xsubsection 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, W5 e. Q* y$ T. g- d9 R# w
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 }7 \) y, W/ i& m- z9 n: q+ Raccounted for under subsection 32(1), (3) or (5);; R: f+ {  U8 U
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
5 n7 v* L1 {- W& W. {5 c(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
( M: r' V* U5 q0 A5 D' Qof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
+ ]+ s' C/ R  y0 [4 }& N1 p* ?value for duty in respect of the goods and the determination has not been the subject of a decision; I; y6 G: q" _9 a
under any of sections 59 to 61;0 r* k$ U0 J( ~/ r; A3 O3 T
(f) [not applicable to non-commercial goods];
( C. l) w7 t! W$ m6 ~(g) the duties were overpaid or paid in error for any reason that may be prescribed.
4 u1 L! l1 n  s4 h! P  t(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
: _  w$ k! L: r2 Ron tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
+ d; G+ c" Z7 Kthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
  y% @# n: n" J" l(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim7 C) l7 ~: @5 N7 \4 i
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
: e5 H) ?% @! x1 w" T(3) No refund shall be granted under subsection (1) in respect of a claim unless
7 R/ n" _& ]7 Z6 i; t2 ]8 @(a) the person making the claim affords an officer reasonable opportunity to examine the goods in, p- @: M4 N( ?3 W. g1 |
respect of which the claim is made or otherwise verify the reason for the claim; and
, m6 d7 K8 D. u(b) an application for the refund, including such evidence in support of the application as may be
4 w% r8 F0 {6 Y, ^+ X% F6 pprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the" r: B8 i6 S7 ~) C4 _, R8 ?& k3 z
prescribed information within
" H) H( Y  b8 i7 ](i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)1 m# B# t$ i# v. `
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
2 s  w1 |" W; g, O(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
' I% l2 k( c) _1 l5 W7 N( Fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* t2 u! p2 Y) X4 X3 [(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of7 M4 F+ Q4 }* G  c
this Act as if it were a re-determination under paragraph 59(1)(a) if" Y! a+ ?- m; \. v, O6 z# B' q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
% u( X6 _3 n: Ubecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not! L: t; O9 U- D& }; h6 q2 c  e# {
eligible for preferential tariff treatment under a free trade agreement; or
% I+ [: e1 M4 x4 X(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied2 X; A2 r4 D9 R5 o* o/ m
because the origin, tariff classification or value for duty of the goods as claimed in the application is; x3 h5 Z7 i' l3 ~/ D' O/ a2 g
incorrect.  o3 y$ Z. ?" d+ Y: N: [5 [8 o
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ }, X- I/ w3 }(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
' Q. i- ~* G7 |; B+ J1 a' }other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- E3 c* `$ D/ b' z! G6 b, o! jwere a re-determination under this Act of origin, tariff classification or value for duty.2 @3 a$ `( ?) R

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