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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
# ^: s2 R. A+ t/ H上面说 非商业 进口 可以免关税?7 v2 Y8 h- \) w  g6 W- u

* h1 f! K& ?  {( B5 ?) T; o3 e
& v; L2 W/ n" [/ e) u

5 ?5 y. Y+ a3 e' xhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
* C. C  y6 X! `* Z2 j1 {* M0 e0 @: x/ t4 M2 c/ J
' B3 f. A; R. N$ p( u
Refund Requests
+ Z; I. y% {8 G4 ]: O( D' m$ a2 n74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who+ ~' T, T. ?& p% F9 o, W
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part% T2 b/ ~5 Y  {0 J) k7 F2 [$ u0 Z
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
! a3 w$ i1 y6 X9 S% ]$ c! v% f(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ u- ~. e: a# L& b3 V! Z$ |
Canada to the time of release;
0 D' [3 `0 m, S0 v& e3 n% J' ?(b) the quantity released is less than the quantity in respect of which duties were paid;
5 ~! T; n/ R1 G+ ]' w(c) they are of a quality inferior to that in respect of which duties were paid;* H7 ~. H: @' W/ g& N, U& J9 ~
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
2 c- ]. o2 D& ^* l7 t% d* ]tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
8 L% d: f% S+ e3 V8 Q  pcase may be, was made in respect of those goods at the time they were accounted for under
1 v3 _. p+ w, g; ^( Lsubsection 32(1), (3) or (5);
" _+ g7 _  R  Z- G4 Y/ `9 d3
4 M) N4 N4 q' R& R(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
$ M! C7 U! z2 S7 s6 Q7 l. i& P8 lpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are( [# A5 u8 V+ H1 G7 @
accounted for under subsection 32(1), (3) or (5);3 N+ _; h+ y9 Z! H: L5 d! `
(d) the calculation of duties owing was based on a clerical, typographical or similar error;5 M8 N, ?- c0 l- j$ d3 [
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
& Z7 Q" c- _; S' V: Zof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: V3 y8 N4 M4 f( m) `value for duty in respect of the goods and the determination has not been the subject of a decision
$ k2 f6 Z) H4 \5 h# p" nunder any of sections 59 to 61;
8 [! J" [$ Z  M& B# N: h(f) [not applicable to non-commercial goods];$ R) |5 ~% d* `6 \8 D* L; [5 t
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
* G) z1 f1 o2 z2 X2 Q3 m(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
1 Q" {2 q+ E, E0 `+ q' n: Kon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: p: A# k  H9 I9 \% zthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
. k* P. o% r# d# Q' k(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim- v8 H$ ?* q2 Y: h* u6 ]
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
& R3 \  k7 w3 [& E/ p* u(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 t7 b5 u6 Z1 O! K  k" G(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
# X9 ~) V7 M; z8 O, h9 X0 g7 Grespect of which the claim is made or otherwise verify the reason for the claim; and
$ L9 q0 T1 N8 e(b) an application for the refund, including such evidence in support of the application as may be2 \( u' s) Z! H! u
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& ~4 ]  \( F" w7 n$ u# y7 X
prescribed information within! b5 T; a9 g! G, w2 ^- ^
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
5 S8 v- \6 n% `6 ~or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 K% H& E) [8 g% T$ m
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
% X) `$ A" e3 o% l3 w% ]were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
! e7 e, Z" g4 `7 a) P(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
/ S0 d# c2 o2 n6 x0 r+ j5 f7 othis Act as if it were a re-determination under paragraph 59(1)(a) if8 p. M6 O1 z+ O, x- y9 E
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
1 M' Q- _' Y: ^% y! ]9 i8 `, G; |because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
, r4 `% b6 ^6 v) S% C  Aeligible for preferential tariff treatment under a free trade agreement; or: @7 L+ \5 m7 C- o, i8 C6 U0 r
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied; @; d0 b- g% C& Y
because the origin, tariff classification or value for duty of the goods as claimed in the application is- q6 Q- h" j7 N$ ^' w8 t5 T
incorrect.
1 n- v  U7 d+ u6 [; y(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
  u4 G4 B0 T) Z+ F$ ~1 Z; e. o(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground+ N8 y* m1 T" D
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% k; j0 c  w$ w. e# E9 j4 I3 _$ wwere a re-determination under this Act of origin, tariff classification or value for duty.
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) i# J* n) k& I9 w9 o% S6 O- R这到底是说可以还是不可以啊?
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