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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
  y# {& g, F! m. a, ~8 U上面说 非商业 进口 可以免关税?
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6 [& I! O+ f3 z1 P/ Z8 Z' z) Z# U$ O0 m, V& n- Q4 W- F2 l

/ \' C0 q! a" ]8 e: f3 u5 N+ zhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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. i( i" y* w+ H: ?. J+ j1 _+ pRefund Requests; C9 D/ U) a& c: E( F( P
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
; L$ ^  k/ @0 B& i$ X# D) L$ tpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
  N2 p( j0 u& d7 t9 g& Iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if' _3 m6 E4 o1 d4 Y4 N& X% Y
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
4 j9 w% M# Q) z- ]6 O: b# rCanada to the time of release;
, b/ V$ U* w& {(b) the quantity released is less than the quantity in respect of which duties were paid;
5 j: a3 t+ n5 d, X(c) they are of a quality inferior to that in respect of which duties were paid;
6 W8 c) l' E- Y# X% {3 o(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential/ V/ k4 J2 a, j- W# u7 I
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the! F3 b" U' D. C6 a: v
case may be, was made in respect of those goods at the time they were accounted for under1 L! X7 u# i! B5 B# W0 T, |
subsection 32(1), (3) or (5);; V" s+ g9 S5 E
35 J$ N0 Y/ a  L+ S$ H0 U; u6 x# r- e
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
4 e! \: u, }  O+ s5 [preferential tariff treatment under CIFTA was made in respect of those goods at the time they are# U, ?- L4 }: W
accounted for under subsection 32(1), (3) or (5);
6 o# L+ d3 Z$ B% G# K* x1 o* }& x(d) the calculation of duties owing was based on a clerical, typographical or similar error;* V* l8 Z. D, j0 s4 b) s
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
8 F0 Y" e6 {4 Eof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
) ~2 c$ [. ]+ ?, t( f  Q- Avalue for duty in respect of the goods and the determination has not been the subject of a decision
' l# R" n; ]" S: c; F, ^under any of sections 59 to 61;7 a# U3 t5 l5 z: B, B1 o/ f7 n
(f) [not applicable to non-commercial goods];
9 b7 H% F! t4 ^" ?$ k(g) the duties were overpaid or paid in error for any reason that may be prescribed./ f2 D( w: [9 L: r  Y; s
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based' h- y+ V6 I0 q2 |, H6 Z
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; J( e8 w  c7 a. R" k) @this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
/ M+ I; ^; d! h. O9 c* X(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim9 d. j& o5 @; h$ j/ _9 [$ A
unless written notice of the claim and the reason for it is given to an officer within the prescribed time." z! d9 b: z3 c+ m  x/ v
(3) No refund shall be granted under subsection (1) in respect of a claim unless$ p& q5 p& v9 h
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in& H6 V' f+ s5 |
respect of which the claim is made or otherwise verify the reason for the claim; and
" t4 [2 D% p5 ?' _(b) an application for the refund, including such evidence in support of the application as may be
: R5 X. `( X9 s/ L. Xprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ ^: h6 x& v2 R! D& D% Xprescribed information within
# m! Y$ e: G' c(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
0 u) U0 P7 U, K0 G5 ~# c. For (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and0 m, L* ?% u" e
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods9 y2 v% s6 v2 K( |9 H9 M, F
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
8 Q+ e/ {! T5 v) D- x4 B6 [. b  N; S(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
0 H  @: ]* }& kthis Act as if it were a re-determination under paragraph 59(1)(a) if, P5 R# H5 M4 \. o+ h6 r
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
; M0 K# s$ {4 ^4 t7 gbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not5 w$ C- a7 O! `" h7 f# D2 b1 B
eligible for preferential tariff treatment under a free trade agreement; or
) H4 r' t1 H: C$ q4 _7 l9 K(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied$ `# j5 b( D8 W% P* ^* W- l
because the origin, tariff classification or value for duty of the goods as claimed in the application is, H3 q" E& s, h* i( ?
incorrect.( m& d4 M' k& i" y3 {! W
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),: T, E4 p7 z0 r6 }  g2 S& d4 Y1 f
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 h$ e0 I" D- i0 p, S3 w- k2 ^other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
# t* T: b$ M0 V  j/ m: Gwere a re-determination under this Act of origin, tariff classification or value for duty.. ~0 S% H  ~3 m* G9 D/ O

. ~# M7 L* c. i这到底是说可以还是不可以啊?
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