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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
' ^/ b) k7 T( M0 I" W, {8 d上面说 非商业 进口 可以免关税?/ J1 s! y; I& ?. Z

% D' G; A$ o/ o8 X  o$ n% j% y' p8 a5 z  l# A

/ J2 l4 Z+ [6 z& k- ~http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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* i% |0 S# R$ C3 [/ y6 O9 h7 ~8 p- u' a" M8 x/ u6 i$ R
Refund Requests- p/ @7 q' D2 t
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
, _4 d, r: S, E- Jpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
7 h2 b: ?6 m1 D* N3 X9 i% r8 h# Iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if1 n9 w6 I/ R2 a- f1 h3 ^! `: x
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to5 L( E( r7 j0 V8 Y' [* A& ]
Canada to the time of release;6 N4 H9 M' a. B
(b) the quantity released is less than the quantity in respect of which duties were paid;$ D4 g4 K' z! d- V
(c) they are of a quality inferior to that in respect of which duties were paid;
4 P7 a$ Q9 ^; C* _) f8 a7 ?(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential6 b, N# `& v: Z/ q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 o2 P) m" _8 U/ f0 o' Vcase may be, was made in respect of those goods at the time they were accounted for under5 s- X- e  g9 V5 U3 A# @
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for1 I. h* F0 q1 J: A+ O4 ^- Z" [4 A% r
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 J4 Q% k. n1 r3 }3 x; L
accounted for under subsection 32(1), (3) or (5);
0 P' l: X# i! a& ]$ a(d) the calculation of duties owing was based on a clerical, typographical or similar error;* t0 I! p; h5 e1 Y
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: l7 h- I, a+ e" L8 k4 qof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or# {. h$ u& \$ J$ c; m2 ]
value for duty in respect of the goods and the determination has not been the subject of a decision8 e! T4 J5 @- J# }5 J6 Y
under any of sections 59 to 61;2 e3 J9 k8 }( }# ?% U
(f) [not applicable to non-commercial goods];6 A. q2 {) e4 Y+ ]0 ^
(g) the duties were overpaid or paid in error for any reason that may be prescribed.( L. u8 D4 }5 p/ M, G
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
( Q3 F6 C9 r9 ion tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; h- x1 R% }; \$ u- l
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).) I8 q1 z) i* e9 ~. Y
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim2 _- R- l9 i8 b) T0 O) A9 P& I3 a
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
  Y- v# M' Y, f  S2 Z# p(3) No refund shall be granted under subsection (1) in respect of a claim unless
/ e: X  v2 \. i$ H1 Q9 E/ l+ I(a) the person making the claim affords an officer reasonable opportunity to examine the goods in$ Q3 J' M: o" l8 I; {( |
respect of which the claim is made or otherwise verify the reason for the claim; and( T1 x# h) m4 F* w" \
(b) an application for the refund, including such evidence in support of the application as may be4 e  A) V/ P1 e6 d! C8 L- U
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
+ @: y( H) O9 y" c: kprescribed information within
* g! E) X# M5 n% Z- |- u! M2 U(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
+ O5 O) H+ \) x2 Q; vor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
4 k6 ~- z5 x4 D* q! H3 Q(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# K( E. m8 M( w7 {% b9 U( r! I
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
) D* _2 v% N# S) x. W! s(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 O5 K. \7 I" F7 V: C3 k# H4 a2 ]this Act as if it were a re-determination under paragraph 59(1)(a) if
; f# z" W. j9 b8 F& x7 ~, ](a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied& \0 Y3 A5 y+ M" U  W) z
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
! B0 e$ u; A) U! {9 F$ Xeligible for preferential tariff treatment under a free trade agreement; or! ?- X8 f  `5 i+ H0 F- o5 q' A
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ G) U) G) a! [, H8 |! h  ]- obecause the origin, tariff classification or value for duty of the goods as claimed in the application is! Z5 D; S- Q  T+ P" M% V5 I
incorrect.
+ R3 m* I4 Y: @: K  E. ]* w(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
/ N3 O0 }4 c' c% Y) o- w(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
/ R. C, O1 n+ b* M% Vother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
/ b2 R' E5 X: O; {% e# G% X, Vwere a re-determination under this Act of origin, tariff classification or value for duty.
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: j' m' F) G2 Z+ N' O7 F0 z这到底是说可以还是不可以啊?
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