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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
1 K$ f  m& W# h) k6 q$ u0 _1 P) ~上面说 非商业 进口 可以免关税?! N  }+ v+ H5 J

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1 \2 q" s- n3 b3 B3 D& whttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests: O) B0 u* P3 ~
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who, U8 B! E% f- e2 T6 \: B
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
6 e) k; k. \' ^0 Y( V$ M" {of those duties, and the Minister may grant to that person a refund of all or part of those duties, if% J: }$ c/ M) \8 i6 R8 ?6 e" I
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 [# ^9 f' T. y6 ]* I, Y( J
Canada to the time of release;
, l# m% c1 R7 i+ ?(b) the quantity released is less than the quantity in respect of which duties were paid;. z% ^0 G: z  b  Y, D* X
(c) they are of a quality inferior to that in respect of which duties were paid;7 `4 f' V  o3 [+ v2 e$ W
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential7 j$ A* P: t; O9 P
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
- w( B$ \& {) o, P! @% hcase may be, was made in respect of those goods at the time they were accounted for under
) J5 ~6 T+ [  x- [1 ?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 for( R. a" ]% [3 `) C- t0 B
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
6 M& Y. h6 s, O* q1 |% Z/ M4 Saccounted for under subsection 32(1), (3) or (5);4 O- Z2 G9 V# L2 l& G
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
9 ^& x, O; R  w2 v) L: I! W(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)  B" l( ~! w* E
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 T" i% _" L; ^. N% K6 l* ]! tvalue for duty in respect of the goods and the determination has not been the subject of a decision. x. g. n) b' U- ^) c) M/ N
under any of sections 59 to 61;- X4 J/ t# G* y( u7 C. [# N" W8 C; s
(f) [not applicable to non-commercial goods];
' t1 u5 Q. A3 G: l& L(g) the duties were overpaid or paid in error for any reason that may be prescribed.  M  u0 x3 ~7 u/ j7 Q; T* j4 f7 F7 u
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 ^( u( h8 v* |on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of1 ?7 w, P9 N; U6 A7 r8 y" t
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
( ]6 f! [# F: A0 O(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim3 i$ |6 k" p. ~) A5 ^2 _* m
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.4 p3 a& |4 z- j; c- Z8 I! _
(3) No refund shall be granted under subsection (1) in respect of a claim unless0 B, |+ h8 `( X+ R
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 U8 ?! K/ J& v5 H9 D2 n; Y
respect of which the claim is made or otherwise verify the reason for the claim; and
! ^/ o% w& t  q( O# ?+ i(b) an application for the refund, including such evidence in support of the application as may be! v4 U9 Y3 x+ b( S% ^: d2 I
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
2 q5 C: m- C3 s  @& Uprescribed information within* U! {, j' t" [" n+ `3 g0 _; p, g0 T0 e1 `
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 P/ s( H! Z% Q# I) v; F4 N
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and, Y# O# ?# r" W( E& G* B2 O8 O6 }
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; Q2 y0 s+ |( R4 N1 ^3 ~
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
( G9 Q1 J: m5 }(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of' k3 V* N9 c5 p$ n" q) v/ R8 A9 @, ^
this Act as if it were a re-determination under paragraph 59(1)(a) if
* h8 ]) {* c; u8 D6 [, ^(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied& p' |, ?: h. l! ?) ?; N8 k: U! P
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
( {# }# R4 ~3 A; Feligible for preferential tariff treatment under a free trade agreement; or
* Q" m3 O0 Q4 P1 q+ Z( @2 d(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied! `+ w) ]+ t; v7 ~
because the origin, tariff classification or value for duty of the goods as claimed in the application is
% _: ~% m2 l# S6 Yincorrect.
# Y5 N( h6 ]7 _- P(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),4 ?1 R8 F4 ?' f- T0 T
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
5 f5 z6 O- D4 `4 @; L, T" b- vother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 T% b# Y2 x) w2 Awere a re-determination under this Act of origin, tariff classification or value for duty.
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