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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
1 V' y+ W, M4 t9 e9 B7 E上面说 非商业 进口 可以免关税?
$ j/ z. G6 u# [) R1 n. V
! b7 q6 c$ `/ l, y8 F  L' s$ }  Z1 C8 R: m7 F$ w" p" i
' H" A. M; E0 H1 ?. M  T2 i
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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/ q1 T6 a9 s+ eRefund Requests, u" k, _+ r0 f+ |: a
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who) {7 E% C6 x/ [5 e7 m$ W2 b% V
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
3 m" j9 j' T, Mof those duties, and the Minister may grant to that person a refund of all or part of those duties, if0 P3 U. X5 p6 c; e! s
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
, E5 ]! v9 e1 k, ICanada to the time of release;
+ k0 r& h5 u5 Z* L; d9 d% R(b) the quantity released is less than the quantity in respect of which duties were paid;
: l. u% H7 p+ l, o7 ~(c) they are of a quality inferior to that in respect of which duties were paid;
( C# o! g/ a& F, t) M(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" G1 b4 \2 t3 C) U' M! Utariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
: m7 `" Q* I% u  k/ S. ?7 ccase may be, was made in respect of those goods at the time they were accounted for under, h7 H) g! h% T7 F7 J0 f
subsection 32(1), (3) or (5);7 Y) ^" i6 q/ ~( Q7 F( }. N
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, a. v# j! \8 [. I3 ?(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for: \3 |7 H6 N  ^9 \- U  q
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
  x  P1 O+ m' _5 h6 F$ T5 i. |accounted for under subsection 32(1), (3) or (5);
& k3 F& `! l; W' {) [(d) the calculation of duties owing was based on a clerical, typographical or similar error;7 |; C; y+ w, _8 ~+ K8 `- l
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' l2 ^: i% W: k" V* @of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# i# c* z: g$ E, ]0 d2 c' n' wvalue for duty in respect of the goods and the determination has not been the subject of a decision
5 ?" \( L- c' Qunder any of sections 59 to 61;; n9 {& e' ^" d) j- N
(f) [not applicable to non-commercial goods];
1 G. l9 \/ i) k  ~(g) the duties were overpaid or paid in error for any reason that may be prescribed.' v* W! Y" N* v: ]& @, j0 `1 R* T
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 H7 }, b+ n: P5 jon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
+ k) w9 g4 c6 B. V7 kthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
6 ~$ R. \7 ]# y$ z- L! ]3 o(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim$ c0 \) C8 e( e# h7 |3 m/ i. w
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.3 F6 l) K6 A8 V" D) Q/ v) E
(3) No refund shall be granted under subsection (1) in respect of a claim unless
& _2 T/ x3 }- n. T; w(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% p- _" X0 G* W
respect of which the claim is made or otherwise verify the reason for the claim; and
& v4 `: {  p. I; O(b) an application for the refund, including such evidence in support of the application as may be6 }9 H0 }0 ]: Z* ~* O
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 M) M( c, ^" m
prescribed information within2 i3 O( Q) g0 {9 Y3 o" f" Y* i
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
" s, o" F$ Z6 ^% hor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 l" O- Z% ]6 A/ P1 X3 v
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods1 y" l$ O  A9 `! l  \/ R
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
2 z8 B- N% I1 h4 ?$ i  h+ d(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
- Z6 e5 K* s0 U% V# I$ `this Act as if it were a re-determination under paragraph 59(1)(a) if
. _2 `4 r9 t3 n6 s8 E(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
1 S8 y$ s" s/ n( U. N$ ]$ @because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not# k' \2 k' q6 F8 S$ F" m% D
eligible for preferential tariff treatment under a free trade agreement; or/ `  V4 c! q1 Y' k0 N4 V
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied+ ?0 Z, i$ _8 f( R: F
because the origin, tariff classification or value for duty of the goods as claimed in the application is
5 T2 O0 a3 _# {5 t; N- Z( P! p! I5 B2 gincorrect.) z/ o/ D* I# m* u' D
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
: _% m3 X: D1 q! L(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
. r% e- [8 K0 m1 {2 tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 Y! i. ^, y( @) W0 `were a re-determination under this Act of origin, tariff classification or value for duty./ J" O( @" `$ P/ G; S9 A& ~  G+ _+ t

2 H% `4 L3 ^9 W4 R8 R这到底是说可以还是不可以啊?
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