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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
* ?8 l$ J- p/ j* W上面说 非商业 进口 可以免关税?' i* v2 `; A. P, [. ~- k# t
$ Q4 R' V& _# A. q8 B. I

) C  I6 `& D+ D( ?

+ v; S, ]+ \7 f! S, {" }, ?0 ^# Shttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf, x  u( x! ?+ j) A2 p
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  Z4 @1 T% c& k; `2 p$ v8 g# K) ^Refund Requests
0 c8 i- ^: A( j2 g( N1 l" g0 `74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
# T! A3 [) C8 I% s/ wpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ X/ \: N2 R* w- pof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
* M! r# W" c1 W7 Z& F0 [(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to5 ]& ^0 }* }. H
Canada to the time of release;) T" W8 d* @8 f" Z# |; M
(b) the quantity released is less than the quantity in respect of which duties were paid;
9 G4 T9 Y: `0 O- _$ N- s5 t(c) they are of a quality inferior to that in respect of which duties were paid;
! R4 g" `6 n) s7 F(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential! e5 u9 Z/ J# p: S0 w, @
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the* }- I5 H) P! y9 d; O# i0 A. }
case may be, was made in respect of those goods at the time they were accounted for under
- c. u7 p* l6 ~7 k; `subsection 32(1), (3) or (5);0 X' U; |: ?, o% q# S1 r
3: {5 e: }+ d$ i8 u$ c; W
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for$ c7 T3 ]5 x0 A
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are7 b" v+ ~1 X' M' h
accounted for under subsection 32(1), (3) or (5);
) M% Z6 c. I: _7 c0 l(d) the calculation of duties owing was based on a clerical, typographical or similar error;% V7 K' N& w  J% E) N" R
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
1 B8 @2 r, A  A: [5 D9 E0 xof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' L8 ^5 o6 o6 F: wvalue for duty in respect of the goods and the determination has not been the subject of a decision
. N- o1 i# e) f1 m" F+ Ounder any of sections 59 to 61;2 I4 y0 a& e* e. v2 C. \3 n
(f) [not applicable to non-commercial goods];
, r& ?2 [5 _* G2 ~! b2 j(g) the duties were overpaid or paid in error for any reason that may be prescribed.
$ F, U- z) h, Z(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
& s  ^! m, a/ o" C1 E, Fon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
5 \% j( B  X" R4 S  A# x0 z# qthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).* v3 u' g8 {7 ?( P
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim" T/ H( _0 B; l: h& e; G" e  z
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
7 a# f' m( ~0 T  {; ]* V0 B(3) No refund shall be granted under subsection (1) in respect of a claim unless, Y( @" c* C7 a6 L1 k
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in6 e8 p: d5 h# ]: v3 M5 D( p" j
respect of which the claim is made or otherwise verify the reason for the claim; and
- L! M6 \/ u" O(b) an application for the refund, including such evidence in support of the application as may be
. q. |+ L- z% E9 Nprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 a7 R2 S8 U6 E# ?! iprescribed information within4 s5 R: @1 Z, C# O
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
0 d4 z; g/ a1 E2 I4 X/ ?" g) _4 aor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
8 N; c3 \' H. ~(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
: I  y8 X" V/ R7 B' Twere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 H# m  U/ O$ B! A2 F
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
( S& B1 }! f4 M; T3 R* V# r. Pthis Act as if it were a re-determination under paragraph 59(1)(a) if
# z0 @# X# m8 Z0 c(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied0 H( [+ X3 j; ~* R/ X$ M1 E  P4 _) w
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not3 v% b5 w! p! w. ]+ r5 M
eligible for preferential tariff treatment under a free trade agreement; or8 P: N/ ]/ b  M6 ]
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
. ^4 Q6 E( A, L. p& l. K# g2 vbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
' x6 h* z0 ^8 z$ R  I( r3 Nincorrect.7 X1 X9 D) c. U  D3 Q
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
1 G  M8 \3 l1 H: V(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground" m4 o3 \  P; }4 [& X  D* g# q
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
& h$ L8 M5 v. W! }4 ]; Cwere a re-determination under this Act of origin, tariff classification or value for duty.
+ Z$ h( l3 t/ }7 z; |& t0 {1 f8 f5 n5 H( U2 {$ U
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