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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
8 j/ C6 ^' z, d: e0 t! a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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Refund Requests' p, Q( ^# ~# x1 {9 |" f( i
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ J8 |$ b) E4 t6 _6 a$ w  Rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- s6 o8 b4 t* w7 r9 a" vof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" |0 n, F' ^% _: k* `* U(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
8 s$ i3 j: j. Z' V- _1 u) tCanada to the time of release;: P+ n8 p5 k+ |
(b) the quantity released is less than the quantity in respect of which duties were paid;
2 C5 k! Q- O4 P& L& ](c) they are of a quality inferior to that in respect of which duties were paid;5 c7 p. E3 {6 r/ o% i4 M% ]
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, W+ s' H7 i& Q' u  x9 z! X; J- `tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the" Q: e2 A! c# m! I& E0 Y
case may be, was made in respect of those goods at the time they were accounted for under; p' n  Z/ j# z- X, ?
subsection 32(1), (3) or (5);
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4 `4 j4 {8 B: o; G! \. ]# r9 b(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
" v' t* s) X; J1 I) Wpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ Q' a4 n& z6 gaccounted for under subsection 32(1), (3) or (5);5 g& h  |$ [3 k# d
(d) the calculation of duties owing was based on a clerical, typographical or similar error;( `: Y/ t  G* e* A: x
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)" y  g( x7 r8 k" y- U
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
3 g( }9 x  L& @* v3 Uvalue for duty in respect of the goods and the determination has not been the subject of a decision; e# z& R! F2 M8 y/ n
under any of sections 59 to 61;
9 Y/ k8 `; Y* h- f(f) [not applicable to non-commercial goods];
4 E- \) F* _! _( l% t2 T(g) the duties were overpaid or paid in error for any reason that may be prescribed.% w- ~7 I& f& j; x- t8 r/ _
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
! s+ x- ]# U. {0 B* ~9 ?on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of, S5 l9 n( S0 F0 Y
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).6 C; R( h. a/ x" M. q! A2 l
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
+ n4 T' D! P3 o$ H% K1 Cunless written notice of the claim and the reason for it is given to an officer within the prescribed time.& x. [8 g7 R/ i  m4 _7 c
(3) No refund shall be granted under subsection (1) in respect of a claim unless
$ |; ^! X* k7 N8 e6 ?2 h(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
7 f( t2 t% R: x/ Z, F* @0 X- grespect of which the claim is made or otherwise verify the reason for the claim; and
1 O9 x( |! K% {5 T' Q5 ]; R/ Z(b) an application for the refund, including such evidence in support of the application as may be
/ {  A$ }4 d7 d/ U/ ~6 I8 Cprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the3 l" a% x6 s" b! U- [
prescribed information within
8 u. V& f- R4 `6 i  M1 h$ j6 m# g(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)" S# _: N2 G* o% w2 \7 N+ W3 D
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 T, W& l2 U4 l: N% _) p$ x(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
0 V" ?/ u0 a! ?$ gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.. s0 R% Z, A5 Z
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of6 \  o7 ]5 r, s& ?
this Act as if it were a re-determination under paragraph 59(1)(a) if
+ k; i3 S6 O5 B( Z, H" w  v(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied1 \8 f! b3 u/ F* b: w! \
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not3 j0 K5 z# \. Z
eligible for preferential tariff treatment under a free trade agreement; or
, b% c2 y7 g+ Y(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
0 l5 P' c$ w; e; @3 [because the origin, tariff classification or value for duty of the goods as claimed in the application is
# r" [) ^" k5 c9 K/ ]% rincorrect.
; d' h! z: P& p- l4 Z' ]6 N(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- [5 `0 [7 V; _. x(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground$ w$ v  T5 m5 R$ G
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% t% w3 _9 j' M, q  e* k5 pwere a re-determination under this Act of origin, tariff classification or value for duty.& g7 G, F. h% e: j& R% h: p2 h
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