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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
# t. Z/ R+ n# \; o# T- U上面说 非商业 进口 可以免关税?
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. Z9 f$ l9 Z3 j; D6 J/ b; ohttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
+ Q4 v: w) B0 |- [& z
9 Y2 ~5 F; v; m- y6 j8 f6 Q. ~4 [8 n7 Q( t& v$ b/ O; o
Refund Requests
" v3 N2 {7 f3 L74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who3 B8 u% w( h5 t( s5 A1 n6 @! v
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' f1 a& m' Z1 q: Gof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 ~, m+ E# T- l- Z0 T(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to8 G: r. H$ T/ S; o3 U3 K
Canada to the time of release;* f. e0 f% L& H* a: A
(b) the quantity released is less than the quantity in respect of which duties were paid;: f/ |  n/ O/ X% C2 n: J
(c) they are of a quality inferior to that in respect of which duties were paid;
4 l  [# f1 I, I! H6 r: w6 `(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
+ F# f# ~, M# l- o5 F# rtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; o6 f0 m! Y- C/ L% L1 g) C
case may be, was made in respect of those goods at the time they were accounted for under- `1 u* D: k" }; E  i+ O! a
subsection 32(1), (3) or (5);
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" Y1 @$ z2 K, c0 [( q(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
- x: f5 H2 V' g9 ?preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 n- B) l3 _# u; paccounted for under subsection 32(1), (3) or (5);
! e) \* E' U) z( y(d) the calculation of duties owing was based on a clerical, typographical or similar error;
4 @+ W% h% z4 s0 Y0 ]" H* P, z, ?(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
. Z' Q3 B3 {/ \! v, D% l4 Gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
3 ^2 T4 ~* m/ D6 L+ o8 pvalue for duty in respect of the goods and the determination has not been the subject of a decision3 Q4 y3 j& i. p& G7 o6 h, a! }
under any of sections 59 to 61;
5 m2 |- f+ f  E( g9 a. U(f) [not applicable to non-commercial goods];; v' Q* y& D0 G0 I% t$ W
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
0 k- }  T4 D2 i, n$ U1 W(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
1 B! v8 g8 j9 V, h$ c. Ron tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" w$ \# E) }7 i5 Y
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).% c: I' D& y5 h  i3 p/ A* ~$ d
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) w8 a  B) i/ H: ~' G# Y
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.7 P' ?' s  _2 X! w
(3) No refund shall be granted under subsection (1) in respect of a claim unless
! ~5 n& N) ]% u0 E(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& Q, G$ t3 F+ Q4 erespect of which the claim is made or otherwise verify the reason for the claim; and
, A8 Z/ o! f/ X( G+ u  H8 {. D# H(b) an application for the refund, including such evidence in support of the application as may be# h" o$ E# m7 p, U
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 M) h# U+ Q$ J( w2 I
prescribed information within
8 n) m! j# r& y( I1 k9 v' |9 {(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
6 X1 N" T8 S7 k9 ]0 L! }, vor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and/ O3 m* D# n  [8 ?5 p
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
! J- w9 D7 F) Owere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
6 r1 K* {0 N. [- i(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of' i+ c1 W, g7 b& I6 _
this Act as if it were a re-determination under paragraph 59(1)(a) if
9 ^+ p  E5 c2 G" I3 {# y7 v(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied6 C# r" R1 D1 W& Y- W+ H( q; {6 l- |
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not0 X! b# l4 R$ z! p2 Q& r; P0 D
eligible for preferential tariff treatment under a free trade agreement; or6 k# |# \% ?) E" A5 P$ j4 S
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied* A/ M% D& }+ D, Z2 t- }
because the origin, tariff classification or value for duty of the goods as claimed in the application is
+ e7 j& S" [3 _: N/ W) X, oincorrect.
& Q) J4 U. H. \* T' W(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),2 I3 h- M, ?7 h' @$ s) {; R) C
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
4 `; d! C% D' E6 H: s1 v% l* xother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
! E! r1 B1 I2 G: W" |! [: a$ @! O& ^: Hwere a re-determination under this Act of origin, tariff classification or value for duty.$ r- t$ f3 Q' `% K1 l
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