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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 Importations3 a7 i  j. V. n7 o6 K0 a
上面说 非商业 进口 可以免关税?, W  _8 Y8 M/ t4 ^9 s
8 `# [2 l% X( K4 J. o) q8 v

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; j( B; }, I& r4 o! r9 A/ Ihttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf7 o% ]: s( \3 ^+ {, M) a; }/ c7 J

; U6 ~& M; v) @8 M9 ^! I
  _0 a+ W+ e5 T/ D- j! `Refund Requests) t: d, a3 I+ h
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
7 G. O9 W8 M+ s2 b& Ypaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part: q& e7 U! W9 U% f# p" J
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ N9 E, a: s+ j$ O1 q; f- m(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
% F0 T) d4 }  P: T' A' I& `Canada to the time of release;  \1 S% n' a4 x
(b) the quantity released is less than the quantity in respect of which duties were paid;+ M1 [! Q1 T5 q/ ]$ r+ R
(c) they are of a quality inferior to that in respect of which duties were paid;, ?9 W4 ]% U4 n: B  y: g9 R
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential+ j- c8 y: k; X
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the+ u# g! \  g9 q, Y: n/ C, ~0 J! D
case may be, was made in respect of those goods at the time they were accounted for under
1 p8 M6 t: O! m8 [2 B/ m1 k4 _1 m: T8 tsubsection 32(1), (3) or (5);" L% w% y- L' A* W( k
3
# {  v. s1 _  e2 E; P(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
9 B2 S- D& }) b* dpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are% j. o2 |4 F& z/ R+ T# [/ b# _
accounted for under subsection 32(1), (3) or (5);3 \9 }+ ~. z- i
(d) the calculation of duties owing was based on a clerical, typographical or similar error;0 b; r, Z( D+ G7 K& W
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ I+ L! B0 n  D6 E! z- P/ m- O8 ~% Z% sof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
( e) q: |5 u  ?6 }$ d- a4 bvalue for duty in respect of the goods and the determination has not been the subject of a decision9 b1 ?  |: H1 l. L- Y! y8 F1 a, I
under any of sections 59 to 61;1 i! _% s8 g$ f. a+ W
(f) [not applicable to non-commercial goods];9 T) b7 ]% @! c( B& e
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 p& \1 g% P5 d" D; Q( x(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based" A3 E, L. v3 ^
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
$ O* h( G5 {+ h5 G' G" n  ^+ nthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)." `: B# T5 K: ^+ J& p3 v/ D/ Q
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) h5 v% ?% X. g) V) ]3 r, U
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
3 D, U3 w: w, L+ E$ A+ I(3) No refund shall be granted under subsection (1) in respect of a claim unless# h- A# ^5 x$ V: r
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
8 A% r3 {( `5 m! K: r2 irespect of which the claim is made or otherwise verify the reason for the claim; and* o' Z: {8 Z: s( `
(b) an application for the refund, including such evidence in support of the application as may be
- Q; ^# Z) ~1 w7 q  r& h7 f  mprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the' \6 ^+ i' p  h3 W
prescribed information within# X6 S( Z# h9 ~1 ?9 T# j6 s" ^' v
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, C4 U5 n3 z/ E! o" n9 r( Tor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
4 Z1 B' s$ b' {6 t, i(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ z# _. R2 [! E  G9 Y/ z$ Zwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
! s" |* E- \! r: V(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
/ R  \* A- U* p- N% W; uthis Act as if it were a re-determination under paragraph 59(1)(a) if
) S2 t% {6 j; l0 x' f(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
# Z1 X; P/ V( W# pbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
' B, k7 f6 c, b, Oeligible for preferential tariff treatment under a free trade agreement; or
) I# H$ ~/ J9 d4 f+ x9 E(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
- f! }. u" G9 |/ Wbecause the origin, tariff classification or value for duty of the goods as claimed in the application is5 q: R/ f% X% W) _8 K. d" }
incorrect.
4 N* k; s) O7 N; i, ?# g2 g- L( l(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),5 L: [; c6 Q7 u
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
! D* w8 E5 |2 v) Z* i$ s( l0 m/ Tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it6 H6 X, v0 C  Q: }( ?0 j# T
were a re-determination under this Act of origin, tariff classification or value for duty.% |! C' d; j6 h8 N5 W7 B2 x

, M" i7 S/ n' J  L这到底是说可以还是不可以啊?
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