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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
, S1 `0 m. [. K$ I上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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' t7 J  U  n9 t# r  }" mRefund Requests- N0 \: C, F3 p- {. b
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
/ K. x, J: H3 g2 ?paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part- ~; N- e; g3 f; N3 {, Q! k
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if4 r# b* U6 S2 C" }4 U5 F
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 E) J9 I- l% e7 l# G
Canada to the time of release;
% s& k% S, l7 w! o4 s/ `(b) the quantity released is less than the quantity in respect of which duties were paid;
- _5 X8 H, ?5 S0 _# w(c) they are of a quality inferior to that in respect of which duties were paid;) G8 x2 h% t. A
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential) q. z) d# J; F* U) R- }8 k
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
2 n8 D$ c. b" }6 X' xcase may be, was made in respect of those goods at the time they were accounted for under! E1 S6 K* f' H
subsection 32(1), (3) or (5);7 R& H0 ?" s! \& H7 h
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for- c6 @1 q" g2 l. m  u
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
% @- }; y' I, W1 T) D5 vaccounted for under subsection 32(1), (3) or (5);
1 y- w, H( q- P9 i+ o* _(d) the calculation of duties owing was based on a clerical, typographical or similar error;
( W, K7 {4 `, F(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
* b7 s7 I+ N+ V& U$ P8 Mof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or( ]4 Q1 _% L; ~- A3 A& P& \4 d( j& T
value for duty in respect of the goods and the determination has not been the subject of a decision
  e# F9 t7 ?: C% Q/ uunder any of sections 59 to 61;
' T, h# B' B& {; T6 ?7 n' R* a6 A; z(f) [not applicable to non-commercial goods];5 t5 V  W0 X* l& \$ j
(g) the duties were overpaid or paid in error for any reason that may be prescribed./ c' L6 P7 y( O( b
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
* a/ f9 e) P3 Fon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: @" F( ~' [; s7 ^, @: Fthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).# Y* R0 C" E" [. ^
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# W$ g+ ^8 }) H3 U& W
unless written notice of the claim and the reason for it is given to an officer within the prescribed time./ N' ?& y+ d1 H; T
(3) No refund shall be granted under subsection (1) in respect of a claim unless
; h: X; {. M6 ]: S: F5 o(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
! @$ _, n6 y9 ~" ~respect of which the claim is made or otherwise verify the reason for the claim; and
% x4 S+ U5 m, {) f, X1 D(b) an application for the refund, including such evidence in support of the application as may be
) `- J& x1 N" C3 g% iprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the( D2 b6 u3 Q4 a7 S. O
prescribed information within* t+ e% |' ~8 q; N
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
7 e+ S( [8 i& Por (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and) U5 M0 k/ t3 l7 d$ N
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
. i1 w' k+ g; a3 s0 H( |% Owere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
/ C# @$ I2 }0 `2 O: Y. i. F(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of$ T% v' |7 ]$ p
this Act as if it were a re-determination under paragraph 59(1)(a) if8 d! e' g8 f+ O
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
5 }3 r7 W" U/ rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not: n* i5 o% N8 M' Z* c
eligible for preferential tariff treatment under a free trade agreement; or
" O0 X( w8 A* H; c3 w(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied% N# L# O( t" c
because the origin, tariff classification or value for duty of the goods as claimed in the application is
" o! S! k" J8 R6 ]incorrect.
% |% j8 D6 }& `) G- H- c(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),- s0 N, N9 m( b. W- {: ?* W
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground! R# M& i) ^8 J, M2 v
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
/ P+ R& N: y1 \, K; Y  p: ywere a re-determination under this Act of origin, tariff classification or value for duty.0 o9 X) I8 _! {0 L& h4 T
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这到底是说可以还是不可以啊?
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