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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& R" Y& e" Y$ _
上面说 非商业 进口 可以免关税?  z4 s" L$ o$ T1 [1 c

+ E% {) g2 z3 u( i5 q8 B/ ^! b/ k4 O& k- z; g

& c( O7 H* ?, n$ Yhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf! ]) E3 o. ], ?2 `6 ]
# Z- P" m& t0 f) D

) ]; H% K( z" q; kRefund Requests% W' {# L3 S. b2 ?% {% d, _
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who, R2 @  @7 W- f+ I# I
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 J% J, d1 [" e! n7 xof those duties, and the Minister may grant to that person a refund of all or part of those duties, if3 `- S5 J5 y  \( G( d* @; ]$ i
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
  y3 G- ?7 M+ d, M! T$ n' NCanada to the time of release;$ h) G1 ~% z' b2 C3 _1 n7 d$ E
(b) the quantity released is less than the quantity in respect of which duties were paid;
- h) }. U7 j& u1 f(c) they are of a quality inferior to that in respect of which duties were paid;+ k7 A, s2 Q1 A% r  W
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
* u- B2 m" A4 e9 Ntariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 a+ z: g1 O9 E0 I/ Dcase may be, was made in respect of those goods at the time they were accounted for under
2 d, x/ S4 q" `3 h8 v0 H! q4 Ysubsection 32(1), (3) or (5);
1 @* z% D3 r6 H/ w3; m) A/ c8 J+ J! f8 i  W8 o
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
4 @& X: Y+ d8 S* s( n: _$ Gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are) y4 ]# X8 S/ ?0 ?; z
accounted for under subsection 32(1), (3) or (5);3 b& g5 k( j# [
(d) the calculation of duties owing was based on a clerical, typographical or similar error;2 o0 v* o; S  N4 F
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
# s2 W6 E. v) Y  I* s! Q8 pof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
9 H6 M6 Y  X7 Avalue for duty in respect of the goods and the determination has not been the subject of a decision5 }6 u2 ~: K5 q( l
under any of sections 59 to 61;! |: @: f. O" F; j
(f) [not applicable to non-commercial goods];$ }+ |# P7 q8 P7 u% a+ t6 q1 q5 h
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
& w  k" r( V5 i' q(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
, P; _/ i0 X, U3 @& son tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) M: c( _5 K% R$ Lthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ z% f. w5 z8 K7 e
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim- r: @. J- P3 O5 U, K
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
$ {9 Z0 F6 C: c(3) No refund shall be granted under subsection (1) in respect of a claim unless5 y7 M2 E+ u5 h( X8 C9 J$ K" j
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in! v8 s% a' Y# Q  w
respect of which the claim is made or otherwise verify the reason for the claim; and: X7 D) ]3 u3 S7 [8 m
(b) an application for the refund, including such evidence in support of the application as may be
6 [8 u9 I; d: X  lprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% z) I( J& V: Q% O; F
prescribed information within
6 o+ `5 z1 g4 n$ X1 Q9 b(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
+ g& r/ k/ v& P+ s0 F& wor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
$ ~+ I6 [. x% Z(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
8 E# h$ C* N+ i) Z7 U" mwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.9 l7 ^" n0 l, l6 d6 ^$ N0 ~8 m4 d
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
4 v! F; ?! r/ q# p9 Nthis Act as if it were a re-determination under paragraph 59(1)(a) if
5 m: w, N2 F$ }/ j; f9 w' [( Z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; Q, s+ o" N- r6 ^6 s8 ^
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not- E1 ]( I  ^# X# a
eligible for preferential tariff treatment under a free trade agreement; or/ x1 j( d2 F' w) ?0 Q
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied5 h5 _3 d4 y' a" \
because the origin, tariff classification or value for duty of the goods as claimed in the application is
, V1 ?  n4 Z7 ?3 Q; b5 Z& L$ cincorrect.9 y: u9 I4 {0 b8 v/ r. Z
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
( P7 O% K5 Y+ f& ]" ~8 M(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
& A/ {! s; K* `7 I5 f1 x3 G5 U% Yother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* V$ l% S. Y: Z- I( B
were a re-determination under this Act of origin, tariff classification or value for duty.% A: P/ k, j# `; \3 L" l. `; r# n

4 u# s& a: v$ [* S% r这到底是说可以还是不可以啊?
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