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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
% ~3 }1 g( j" ~+ `上面说 非商业 进口 可以免关税?' u1 q) i- d6 d. {) w6 v% f

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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf9 i$ m7 F' W" e) T
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Refund Requests/ X! T" {; c4 {) }1 [; \
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who+ V9 @% e% W+ s* ~) e
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part- ?7 K( }' T. h
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if0 e* W9 }. b- N7 u' S) Q
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to. b  f% B/ s- f3 h2 a) h. Q) b
Canada to the time of release;+ A* Y! }1 g6 s! |+ t( i7 P
(b) the quantity released is less than the quantity in respect of which duties were paid;1 }0 d5 r% ^( X/ |3 i" V
(c) they are of a quality inferior to that in respect of which duties were paid;0 ?. B' N, }0 T5 x3 m5 z
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" r' I% c" H6 B; v* f, ]! ~tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) S3 t3 t% v* Y* B) w; `9 o9 [5 M
case may be, was made in respect of those goods at the time they were accounted for under
. T) w) l( u! z. o9 q' I9 E; [5 G/ ^subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for8 v' T, z0 K8 D; z
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
- k5 o) p' S$ Q+ D/ S+ ?accounted for under subsection 32(1), (3) or (5);) T0 L; r* n$ b' @1 p& q. g
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
# N! g0 Q, ]* W! C2 @& C(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 ]9 p6 l! A2 ]: T3 W) Qof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
& |! s0 D6 v' xvalue for duty in respect of the goods and the determination has not been the subject of a decision, J; Y+ j2 ?+ n% r
under any of sections 59 to 61;
' Q; ^4 o5 V( C7 h& P/ A(f) [not applicable to non-commercial goods];
* s9 F: X$ I, D3 ]: V/ k; U(g) the duties were overpaid or paid in error for any reason that may be prescribed.% P! T  T5 |; h' ]) p( F
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based1 W7 |' K! D1 n
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; X- W) ]7 X( {8 g' r. t8 [: O5 sthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
# ?9 y  e* u6 O: M- N0 y(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: |; t, H7 |& {1 Punless written notice of the claim and the reason for it is given to an officer within the prescribed time.
6 N" V$ b$ J6 |7 z) d(3) No refund shall be granted under subsection (1) in respect of a claim unless0 K2 K% s0 _4 @& t
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
, E" Y! R3 }: p4 t; U7 Rrespect of which the claim is made or otherwise verify the reason for the claim; and
: l0 K! Q) F9 B- I1 I(b) an application for the refund, including such evidence in support of the application as may be, w' ~/ T5 t/ i2 _
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 `2 ^* v5 E0 J6 z0 hprescribed information within" x" h& ]9 T5 t% g' ?  I! c& {
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)3 A/ Y$ F$ [. g* I- _
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) s7 k& X7 `( C, ~: `! k! O/ U6 f(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
* Q7 }2 X0 s- @* fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' A7 b/ |( }1 y% F1 x7 u! G
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
  ?" s& z# _6 C- d  x5 x# |0 S; g6 `this Act as if it were a re-determination under paragraph 59(1)(a) if" h7 c% ~8 c- {2 b; y( ^2 |
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
; n- y2 M; U/ ~. b9 g* O- Qbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; E/ X4 u( J( S6 @2 B! o
eligible for preferential tariff treatment under a free trade agreement; or3 C- `; c. f8 L2 v7 {
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 A  w" s) W- J$ A( w( B" K" Qbecause the origin, tariff classification or value for duty of the goods as claimed in the application is; n) V4 L( l; \" }6 _0 m1 w6 P: ]
incorrect.
& W+ G; ~2 \0 o(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
/ @& u; Y) M# J7 w6 r(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground; S2 G5 U( ^/ `. W) a
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" c% r( ^" I  e, X
were a re-determination under this Act of origin, tariff classification or value for duty.# W( u4 s6 q* o+ F- \) `6 z
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