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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
. O( n9 |, f5 [) i9 n8 n$ O上面说 非商业 进口 可以免关税?" H. t: q# y: ^9 }

+ H# I3 X/ ?; _3 R! O) D3 R$ r/ H/ s0 D& e! s3 C3 g8 |
1 ~/ A, J0 p- e: h
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
' y0 T! l2 b8 g' d* ~) j% \2 q
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Refund Requests# B. r/ J& Z& Z4 T3 _
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* \6 C% V& I, [5 o. e" zpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part* r9 f2 k" A2 `8 N' M
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if- D4 d6 N/ N3 ?! w
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 _( `0 \! Q" ]+ |
Canada to the time of release;
: e: w7 P) i9 d1 N% @  n3 R(b) the quantity released is less than the quantity in respect of which duties were paid;' t& \2 o  n7 r2 {2 V/ U
(c) they are of a quality inferior to that in respect of which duties were paid;
$ f' P$ G3 n, B8 N) B9 D2 i+ c(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
  V  C7 b! u( z, b; ]tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
& V: n, x4 ^; W1 u# {! gcase may be, was made in respect of those goods at the time they were accounted for under1 ^( ]6 [# W1 [
subsection 32(1), (3) or (5);
2 O8 D" P7 ]) |" l- ^5 X3* A" h: U* n% X) [
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for8 M) }& {  Q8 Z# B. v+ ^& M9 I
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are  k$ g! A- y( j) _( n
accounted for under subsection 32(1), (3) or (5);
. E- d! R  V* ^" D( ]2 ]) o(d) the calculation of duties owing was based on a clerical, typographical or similar error;
* K7 O% F, C" I3 K(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
, L0 B) i  n! w4 C3 ~of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, u/ A6 m0 R# |& C7 Q+ o" k) K
value for duty in respect of the goods and the determination has not been the subject of a decision
. }" e6 |+ |7 N) |under any of sections 59 to 61;
, T7 U3 ~, Q# X' G) [(f) [not applicable to non-commercial goods];# C: e8 d% X. ^0 Y
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
+ [! c9 K7 L8 S$ m! u(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
- ?5 ^+ s1 w: e% U' U4 G) son tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ Q& y5 i: S' }' Z, j( Z0 ?
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 N* E6 e( h$ f(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
6 ?9 B5 f$ }  a8 F) J: Lunless written notice of the claim and the reason for it is given to an officer within the prescribed time.. l1 c3 x+ K2 |4 ~/ X+ ^
(3) No refund shall be granted under subsection (1) in respect of a claim unless
/ o& A, [+ M+ D3 v8 o+ ^(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
* c: {! I& b" ?9 Grespect of which the claim is made or otherwise verify the reason for the claim; and8 u4 d6 ]0 A' y2 J
(b) an application for the refund, including such evidence in support of the application as may be
6 j# B8 Q5 _% y+ b2 e5 P  sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
' j* A- [2 u, }* F# E0 p2 nprescribed information within( j3 [6 W( Q+ k8 q5 r! b
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
& R4 o5 u% o+ Z- G7 oor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
( A& w- d) c" y3 Z1 c* b9 h2 y0 `3 L$ ^(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
- T7 j8 O4 o4 e7 l$ G) B0 twere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.. n. E: x& X: r  p$ G8 O# P
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of6 Q# Q; Y% \% x5 ^9 x
this Act as if it were a re-determination under paragraph 59(1)(a) if
. p5 U/ ]* b! k& w(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' G! F; q$ H" V5 X- r& w6 D
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 _* Y. H8 E- L% ~" N% Heligible for preferential tariff treatment under a free trade agreement; or
+ R( q5 P3 e0 {5 _* R(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied! h, u3 a+ r1 a* M6 F' a
because the origin, tariff classification or value for duty of the goods as claimed in the application is
. J5 C% o0 t7 v) L+ Dincorrect.: X# S$ s3 u7 _, y: `' q, n
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
8 `7 \; o7 V9 g" l7 }(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
0 |& j8 T6 ]) B$ D5 X" eother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 V" Q2 z  X6 nwere a re-determination under this Act of origin, tariff classification or value for duty.' B8 ^7 l# K5 h% Z5 h' X) v

% P6 e; P" T6 |, ^$ F; ^1 ^: a这到底是说可以还是不可以啊?
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