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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
% C# {* @3 \' D; u上面说 非商业 进口 可以免关税?
' @& M3 A; k8 F6 ~( T; x: i
  Z7 {  v5 A; `7 {5 d% \+ Z9 O6 v) F0 f( w% _. D

, {; l, j# h2 C' \http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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6 M+ d! e1 t# I; ?, `& t% U& I2 {Refund Requests
! H, @" D# u9 N! J74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 n5 k! z0 i7 M, ipaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" P/ w1 R, L5 F: T8 @
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if, q. g7 `6 O! }, i
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
/ G9 X. Z7 N9 V- @  M8 tCanada to the time of release;/ Q7 q: f# g3 h; i. C
(b) the quantity released is less than the quantity in respect of which duties were paid;, j+ C! z$ j! y$ A: |. e
(c) they are of a quality inferior to that in respect of which duties were paid;; R, ?4 X, Y0 \
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
* Q: A6 Z2 p" T$ f4 g6 h- a0 \tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
0 ]; P$ O. i6 }( [; Y/ [case may be, was made in respect of those goods at the time they were accounted for under6 t# L5 k7 S& P
subsection 32(1), (3) or (5);2 a+ h/ B4 c" C  |$ R
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
4 [- c. m2 _' Z# [5 y0 tpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
* w* X* Y/ r4 Z2 {accounted for under subsection 32(1), (3) or (5);8 k: f" a9 H. n0 x) x
(d) the calculation of duties owing was based on a clerical, typographical or similar error;( D! f5 O. P2 e  r
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
* K  y0 |6 Y; V! E8 ^of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
) F# E- [; N' c, O# Cvalue for duty in respect of the goods and the determination has not been the subject of a decision
# u  Q7 l& R) Runder any of sections 59 to 61;3 _7 f5 x& Z; t- N! D
(f) [not applicable to non-commercial goods];
6 M3 ]$ Q7 R5 V7 g(g) the duties were overpaid or paid in error for any reason that may be prescribed.. a# w8 X0 r. x. b( @' o
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; C" a: Y& m% m; f) G
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" H# u8 o; ]  F0 G8 }
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).) I  y& _: o* P3 ~8 `
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: G& V5 A; o+ n2 Yunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
: O. `+ z* N& w: i' E) g(3) No refund shall be granted under subsection (1) in respect of a claim unless) m) B  N: \" C
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
- \2 {. f; r& xrespect of which the claim is made or otherwise verify the reason for the claim; and
; o' I% G& ^, C* I# w& \(b) an application for the refund, including such evidence in support of the application as may be- K! L8 Z% [1 p: M
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: p5 p' g6 |- l9 uprescribed information within  W' B5 L0 `/ n
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)) e- m# `/ A2 M. O
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and9 o' O- D' W5 t0 b
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
' E- X6 Z  y* j. r6 bwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.& b/ @5 ^2 }" x: T6 S. \2 [
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* ~5 d# T* M& L$ ^0 A. T
this Act as if it were a re-determination under paragraph 59(1)(a) if: j! D: u' w  U4 `9 V1 |' q. I, S
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
% y7 z+ W1 [5 n5 g& C$ Z+ u3 c( \6 {0 Fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 w1 ]6 ^7 h  m. ~eligible for preferential tariff treatment under a free trade agreement; or
; V# S: Q* k7 c9 v/ h(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied5 Z% ?( Q3 W8 w0 ?  T2 {/ ]6 O
because the origin, tariff classification or value for duty of the goods as claimed in the application is) K" O% v4 N! ?# r
incorrect.5 J# k1 X" c0 F" J; Y3 O, o
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
7 k, w! H0 q0 D; f4 Q5 q2 l(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
% H9 Z# L" e% k# j# Z8 W/ ?other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it9 F" Y! d) w1 [8 k; L3 q
were a re-determination under this Act of origin, tariff classification or value for duty.: T6 o7 X5 {9 l+ S8 Q$ }

7 a) ^8 G, t3 X+ d9 `9 A这到底是说可以还是不可以啊?
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