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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. o8 y1 Q  R: H6 ~, k
上面说 非商业 进口 可以免关税?
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$ v' E$ E0 f$ D# u

8 n: F" ]* i  @. {0 Y; ]* Mhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf0 ]3 }' _/ A) F0 S  X2 ], X' y

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Refund Requests
8 z0 j; X9 Y' ~0 z  {0 \74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who2 @: ~8 |. f" s8 h6 @
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part4 z0 `9 C2 T3 `. s# K* K  N  k
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if/ @7 s3 g$ w$ k. }
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to: `# y: O- @; l4 X- }8 R
Canada to the time of release;
- H% V/ c' {/ e+ j; J: j5 S(b) the quantity released is less than the quantity in respect of which duties were paid;7 R& C( \& j- y  F$ P- H' s
(c) they are of a quality inferior to that in respect of which duties were paid;+ i0 v+ @* h2 l. t
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential: I2 [( S  h6 M9 Y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the: \" \. R0 ~. k# {+ H# o* g
case may be, was made in respect of those goods at the time they were accounted for under8 @  D3 |2 c  j: z8 s7 i( r" A
subsection 32(1), (3) or (5);5 {2 v  L' K+ F, y7 Q' K+ ]
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for0 O5 `8 m0 A: Y" |9 j% W
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are) \8 R' y/ P3 }, V3 X
accounted for under subsection 32(1), (3) or (5);3 {6 g# h6 w# h% j0 l* a* M
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
( y" q/ Q. v8 d4 ~  x(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
% {+ S/ ~$ a" ?* D+ ?: Y$ Qof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. Z" W+ Z2 z/ ^  M& r6 y/ f- l2 O
value for duty in respect of the goods and the determination has not been the subject of a decision
9 V. G) ~% a5 ]5 V, x$ cunder any of sections 59 to 61;  L% l# }8 s( l% [/ _7 |: u" I4 V# q
(f) [not applicable to non-commercial goods];8 |8 n) K' a  V+ Y+ K8 P( i
(g) the duties were overpaid or paid in error for any reason that may be prescribed.$ k% _, k4 O9 k3 S2 t" \$ j+ ~
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. v/ l& @) {0 z/ y' O4 yon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of2 S0 j2 w1 @5 }6 p6 R/ E! s
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 p% ~. p5 K, Q# _, s# G& i(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 h9 e+ z) l: B" F/ M1 H- a+ I
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 q1 |# \, n: g; M; E
(3) No refund shall be granted under subsection (1) in respect of a claim unless
8 `* J+ u. K- ~- u(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
  ~/ }+ E0 v# _7 Q1 V8 J! Irespect of which the claim is made or otherwise verify the reason for the claim; and3 n& n) I- ^: \9 ?$ u3 v
(b) an application for the refund, including such evidence in support of the application as may be
& d% @5 X/ j; Vprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the6 p. m% Q) w  X! }
prescribed information within
5 E0 ]  \2 Q1 m5 s/ Z0 W* A$ e(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)0 g% h1 \/ W3 H2 T8 ?: c- j
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
8 h5 H3 G' J/ l! ~5 S9 v(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
  j3 I0 Q- z1 P1 U( V* zwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( x- J& F: u  x6 \
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; l4 X5 t. |; [) p( P7 O' D
this Act as if it were a re-determination under paragraph 59(1)(a) if
- O3 H$ M& z2 n, m" J% Y(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
; f' D. J4 j! Gbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not* ?' B5 A$ ~+ l" ?4 r, |, d0 F
eligible for preferential tariff treatment under a free trade agreement; or
; j  Z& H- n/ E9 u) R( z$ S(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
7 w/ \% r! c. K! l- ibecause the origin, tariff classification or value for duty of the goods as claimed in the application is
& b" |" I. D! B# b$ e4 wincorrect.
0 A, i/ x* l( _- `" f(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
' @# |1 a; \% J( e8 S(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
1 {6 T$ q, T7 _9 ?0 Zother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
* {" J1 X3 d: [9 ^% c) f7 ewere a re-determination under this Act of origin, tariff classification or value for duty.) y( p) l5 w; S; j
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这到底是说可以还是不可以啊?
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