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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
" f7 t% @7 Y4 H4 w" p0 W3 {上面说 非商业 进口 可以免关税?/ h) K7 q. g) r" D0 ]3 P( ]/ Y) b

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3 D- y* s9 C+ N, N: Whttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf$ j# m9 a/ Z: ?# t3 m3 j# [4 w) N
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Refund Requests! J9 ]1 i2 Q4 d$ W0 F1 G
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* t3 J& w* y# ^paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" @! l8 j0 X# L3 Q' R0 G: C
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if2 u( R' M* w  {' h8 A- E' K
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ g/ l" J7 w, i2 K7 E
Canada to the time of release;: m" U( R' t# |! V1 ~* ?
(b) the quantity released is less than the quantity in respect of which duties were paid;
/ H2 Z, l, _3 |0 j6 a& g(c) they are of a quality inferior to that in respect of which duties were paid;8 Z) R# r) f8 M  s+ t# {/ a
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential# F, ~/ L# S; f" f7 `
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the5 \' Y5 W& M7 L. O
case may be, was made in respect of those goods at the time they were accounted for under) ?' f' G- z. ]' r3 [, ]
subsection 32(1), (3) or (5);
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( Y2 Q0 V: N  D5 I: d(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
* t7 F4 p8 y' H: @2 {, ypreferential tariff treatment under CIFTA was made in respect of those goods at the time they are+ W* G( J$ j) @: x9 @
accounted for under subsection 32(1), (3) or (5);. T9 P) Z  q  C! I$ a# F# I* q
(d) the calculation of duties owing was based on a clerical, typographical or similar error;/ ^( Z! f& G4 n+ a4 w2 \
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) s6 _( e  G" U" _- O0 u7 |
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or2 @  z; k- H6 j3 M6 Z1 _( u! D
value for duty in respect of the goods and the determination has not been the subject of a decision
' T. a/ }- S( y/ |; wunder any of sections 59 to 61;2 y# T# I8 C# p5 ]0 E/ J
(f) [not applicable to non-commercial goods];
* Y4 o' s) U' C- z(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 f6 Z& U1 J8 W( ?; `(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based- d: U' r) Y5 V' U- q2 B
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
% Z! N! _4 i4 _' C7 Tthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).) H' M% l, j" x# x
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
' V2 T7 o) i8 {3 p4 C! v+ r& s7 ~unless written notice of the claim and the reason for it is given to an officer within the prescribed time.% p+ E6 B6 M8 x
(3) No refund shall be granted under subsection (1) in respect of a claim unless
  S! Y  j: z5 u& [  K(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; U1 l% S# Z  V) N4 u. `' D7 h
respect of which the claim is made or otherwise verify the reason for the claim; and' k$ l, K" ^( X- h+ o! y
(b) an application for the refund, including such evidence in support of the application as may be1 {6 L: I4 b- G7 u; T4 X0 z! ?
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% W' _+ y2 I5 k. N2 ~
prescribed information within" S( B5 `! l7 y$ `" P& P
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
5 M; Y# F* j1 }0 R  sor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) ~% E; R7 X5 ?6 e(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; s4 o4 Q9 J; W6 nwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.5 c4 [4 T8 p2 A. @5 a' }# P
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
; \4 v" ?  Q& w' dthis Act as if it were a re-determination under paragraph 59(1)(a) if. n8 g6 `5 j" G/ e$ t9 {; N6 S7 e! O1 E
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied8 t7 W" f) D9 k( b0 l6 B
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not7 I) ?' o# d# Q  Y7 G3 \
eligible for preferential tariff treatment under a free trade agreement; or8 A8 y0 Z" F& T$ d; S/ {! g
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
. A$ b7 F4 X, }$ R/ e) Ubecause the origin, tariff classification or value for duty of the goods as claimed in the application is0 Q2 t. O' E6 g( G8 n
incorrect.
- G# J# E$ l0 l7 P/ @$ A(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
5 q0 P" v: p' `0 ~% ]+ {(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
. ^5 q) s9 w% m- H: oother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it; V, u6 S, ~4 {5 S
were a re-determination under this Act of origin, tariff classification or value for duty.: Y( d* ~3 t4 o- q
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