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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
% J" v0 a+ T5 f0 _上面说 非商业 进口 可以免关税?
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% O7 |3 t7 O, p1 p0 |) z+ d1 y6 K) l5 A, J! K+ h
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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4 t( P7 a0 G# G- G. CRefund Requests7 F5 i9 n1 w, {/ o6 s3 I) w
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 ]% k1 Q5 [$ g; p7 ]4 @1 bpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
  ]& E. O0 o$ G2 s% Bof those duties, and the Minister may grant to that person a refund of all or part of those duties, if3 S0 {/ N3 M* D+ _* p$ @
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to' i' A6 R. {7 @
Canada to the time of release;
$ c3 R4 D( t) {2 W(b) the quantity released is less than the quantity in respect of which duties were paid;4 B( @7 e- T3 U9 q* `" u! U
(c) they are of a quality inferior to that in respect of which duties were paid;
( i! A; Y8 j4 o7 X9 ~(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" M" S& I5 q) T$ \. j, g+ B' Ftariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
& S2 ?' C& h- G; I4 Z, ?case may be, was made in respect of those goods at the time they were accounted for under9 G, v0 i; P: T% X
subsection 32(1), (3) or (5);8 b2 T1 I" {: V' B9 V- D. T6 j
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. c& s; L" m. b8 e( @' x# k
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
* P( y+ v2 e  a3 T* i$ L( Naccounted for under subsection 32(1), (3) or (5);  b) F$ e+ U7 A, L: E8 g: u1 ^, N
(d) the calculation of duties owing was based on a clerical, typographical or similar error;! l) U+ \* _: ?' z& |$ l( m/ p
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 |" g* o# q: j
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' {9 N  [# t) o' k, |
value for duty in respect of the goods and the determination has not been the subject of a decision5 z( [1 g, p9 s7 W) |
under any of sections 59 to 61;  J% l" U- }, ~
(f) [not applicable to non-commercial goods];
( d: E% @4 e3 q(g) the duties were overpaid or paid in error for any reason that may be prescribed.* }1 r# D$ D  O. W" ?
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
% I" W5 C# S4 I) Ion tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
4 |6 v( R5 T) m/ h: V, L3 p7 j2 V3 |this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
) y: S# t* [* D6 @: n/ k(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
8 ]& @0 o- V! }" O) junless written notice of the claim and the reason for it is given to an officer within the prescribed time.0 \7 v6 d& ?$ h) a$ Z$ s* r
(3) No refund shall be granted under subsection (1) in respect of a claim unless
+ Y& {  ^. ^$ h) d+ p7 a(a) the person making the claim affords an officer reasonable opportunity to examine the goods in1 Y9 F. m4 y! X& ^0 m8 C( M4 X
respect of which the claim is made or otherwise verify the reason for the claim; and0 N: B; d6 E% Q1 d! U9 d
(b) an application for the refund, including such evidence in support of the application as may be* U: {7 G' z: X9 o+ p, I$ r" i% ~( \
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: [$ R$ C4 p+ K0 G! L" {4 fprescribed information within: h- U4 X9 Z; U& W( W9 E( g
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
- o0 T* Q9 m$ E' f# X: eor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and/ v/ e2 @  ^# J5 |! w
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 R$ h! `5 a0 U( N/ I6 B
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
+ }3 L: Z% Z+ K6 t(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% S" L$ p0 e. [" Q% c
this Act as if it were a re-determination under paragraph 59(1)(a) if
( y3 G8 G; ^+ v+ T3 C(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 e# ~' w9 ]7 G  p* P) z- E- gbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
, v$ M& y$ Y/ ~; Y! o3 jeligible for preferential tariff treatment under a free trade agreement; or6 c: r! p. x) w+ `) B
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ ?! K* c8 H  P$ `) i6 V+ @4 Mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is" W7 }! i( \- P& |8 \/ g9 \; G( }
incorrect.
$ I# X' S  a+ P& h) ~# n: F8 M(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 Q- c) B7 s! c2 i! c7 d  _$ P: u
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
1 p9 R' _1 M3 n2 t: Hother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 Y$ T4 `+ g3 ]
were a re-determination under this Act of origin, tariff classification or value for duty.( q) }( \& S. i+ W

4 n! N5 N* @, d. v% N7 ]' H这到底是说可以还是不可以啊?
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