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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
5 T" b5 E  i5 `, j6 O0 l上面说 非商业 进口 可以免关税?+ ~& p& H9 Q6 w4 Q3 ?0 c( h
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf$ f( c6 Y8 d5 a: p2 v+ v

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Refund Requests
# \3 f, n: x$ b4 L74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" {, P) U$ ]! y' ~paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part0 D9 k) z5 F0 _; N6 D
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if' `$ Q; X/ e& E3 N& ]  D# n
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to# f7 ]$ c5 _+ f( H* i6 Q8 c4 A$ x: @
Canada to the time of release;
* }& D, j  |+ d8 t1 K( Q$ B1 U% R: I8 F(b) the quantity released is less than the quantity in respect of which duties were paid;) v6 a5 J. ~8 U* p& q/ ]
(c) they are of a quality inferior to that in respect of which duties were paid;
$ Q; N  ~, M/ C! W(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential2 [: ]5 H% w+ X9 n7 k
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the1 }: O2 M5 J: Y) ?1 x/ T
case may be, was made in respect of those goods at the time they were accounted for under% \3 C2 i& e( |6 Y
subsection 32(1), (3) or (5);
8 F4 Y7 R- ?; D3 M3
: l8 k& |; P) Z4 a, A(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for0 T# x. N4 l, M  r' r" ^
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are7 p& y0 y1 L9 h. x4 D  J
accounted for under subsection 32(1), (3) or (5);
6 G3 g2 j) `; F( [! z(d) the calculation of duties owing was based on a clerical, typographical or similar error;
1 @; H$ E* x, w$ V' J" V(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
+ c/ l- }# t& r1 P0 a2 O# ?of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. a: B2 ]! a8 w0 f
value for duty in respect of the goods and the determination has not been the subject of a decision+ x' x& e6 f' {. b3 `) F
under any of sections 59 to 61;8 x, v, Z1 q  R& K* }
(f) [not applicable to non-commercial goods];# w  g1 c+ `* |$ \, R5 x
(g) the duties were overpaid or paid in error for any reason that may be prescribed.% C+ q) I/ r' _; f) a9 J9 C
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: k/ d7 M6 a! Y) H  X# {
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
% q1 V$ d0 P% Vthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).# B) W- Y5 P, Q' L) `" W3 \* |  e
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim3 Q% {& T  ~' U& n' [9 r: I6 S
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.: c* `$ N) y. a! ]) N
(3) No refund shall be granted under subsection (1) in respect of a claim unless
2 W$ y% N) G1 [(a) the person making the claim affords an officer reasonable opportunity to examine the goods in( u, u/ Y+ ^2 @1 C9 `  E
respect of which the claim is made or otherwise verify the reason for the claim; and2 U! B7 p. q) F0 S, `  W+ l; `! q3 v
(b) an application for the refund, including such evidence in support of the application as may be- Q  y) q; `: T, c
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the+ w" z0 F. d- K. M2 W
prescribed information within& f* ]  Y1 x! l5 C) C/ I4 s% S
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)* }2 _  f' f( ^+ I& W
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
5 F1 C" l: R( j! w- G(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods! ?$ g+ ]+ _8 R
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.9 P) z' Z( K5 T3 \' J: v# i0 j4 x
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
* l$ `% g# s2 i/ b5 w0 uthis Act as if it were a re-determination under paragraph 59(1)(a) if! K2 [7 A* g0 ^9 n+ T& R/ _
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 ]+ ?5 f. K& s, b9 N3 q( ?because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
+ j% x4 Z( r" Zeligible for preferential tariff treatment under a free trade agreement; or& |. ]' H2 ~" F2 J4 I5 M! f
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied0 H: w/ \0 s- w) X2 Y
because the origin, tariff classification or value for duty of the goods as claimed in the application is
: s$ e3 H" i6 c) Z/ d7 rincorrect.9 o0 t0 ?7 `3 `+ Y4 L6 V1 Z/ H
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
& r1 o9 `5 t' }/ n3 M" u(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
# r* V: M! E$ I) Pother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 ~( K7 N% Y& i- U! @- ]: nwere a re-determination under this Act of origin, tariff classification or value for duty.+ h* t8 `0 v) [% _1 b$ R8 F3 n
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