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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 H9 p1 Z/ P# }上面说 非商业 进口 可以免关税?+ s! c. ^% u. m8 R  `

4 M" s+ J7 ~1 y  S! _3 r* |, V, ]& Y6 Z: n3 j: s  Z

9 J+ a$ v6 e4 [5 B* Ghttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
( c/ z: y% K8 w% J% l! m; Z( E# l# z% h1 p( F+ ?' \: ]$ Q1 o( r

* O: f& x- a) qRefund Requests, o* Y, {+ [$ P* Q: h# Y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
( r0 O/ g% a6 `8 ]- V" B6 K5 Opaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
* U/ V( o% D. q2 e: w1 e8 C. I  dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. h5 u5 c0 l) p$ }3 k(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
2 h8 e: a8 E# p# M" ?Canada to the time of release;
! k+ b0 g0 G; t& [(b) the quantity released is less than the quantity in respect of which duties were paid;* M3 C% O  N0 g' u
(c) they are of a quality inferior to that in respect of which duties were paid;
- N# @$ m5 b) V/ n6 Z3 z' y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential  }6 ]& S( k" a" x/ o
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 i+ U& T: y" U  p  r8 ~# D( Hcase may be, was made in respect of those goods at the time they were accounted for under9 e- z9 G" Y3 H6 W. E
subsection 32(1), (3) or (5);1 v8 O" V7 W& |2 G  M1 K( ~
3
: _: x0 f! j; E+ J6 P2 y7 h: L(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 v5 L; Z0 b. G0 Y+ L  [" rpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are, E6 O7 U+ z5 Q# O
accounted for under subsection 32(1), (3) or (5);
$ d0 ]9 L' H+ `(d) the calculation of duties owing was based on a clerical, typographical or similar error;: |9 O. ^; K4 Y( f
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)' n+ t6 [: ?& E+ ?$ d" i  [# K/ @
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
8 [8 s& B- \  C! P, ]4 Gvalue for duty in respect of the goods and the determination has not been the subject of a decision
! E0 V" X9 ~- q" I$ ^) funder any of sections 59 to 61;6 a( M  O* y: H! Y
(f) [not applicable to non-commercial goods];
! A$ ?- r& S" e: P' l$ o& F& T(g) the duties were overpaid or paid in error for any reason that may be prescribed.
2 F/ n7 a  v5 |  y* B(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
7 J8 t; C9 u' N# jon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of' g# a! ?+ {8 U- e5 P2 {
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. @# N8 M" \  m$ N8 X
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
9 X: s3 O1 [7 e. Nunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
8 z7 i& _9 {$ W3 ?# S  M(3) No refund shall be granted under subsection (1) in respect of a claim unless( E) E# f  H4 [4 x) B* Z
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
* k7 q) l$ r( g  i8 L$ Q' M& y  m* y5 ?respect of which the claim is made or otherwise verify the reason for the claim; and
# P( V5 F  z  Z4 S, r(b) an application for the refund, including such evidence in support of the application as may be
% a( ~& ^2 y; }/ H2 O/ }7 w$ U7 xprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the) e1 z' u  {( y0 `8 [) H/ J+ z! b
prescribed information within" A/ q* Z8 w" p! b  Z
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)$ I& L. l- b: x1 I: p9 m$ x
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and/ M, @$ T: K: g) a
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
, ^2 a& v6 Q! J: ]4 twere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
' K% f$ y% B9 M- I! Y. s1 j3 X(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 c( w& Q0 x/ ^
this Act as if it were a re-determination under paragraph 59(1)(a) if! P& E3 k4 d/ ?- t$ P3 L# p
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied3 t& k+ S6 K. _) B9 `; g' l' X, N) U; N
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 Q" _5 W/ t) y4 Aeligible for preferential tariff treatment under a free trade agreement; or! D& t- I# f" g* M) a' ?/ \
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. e' z, q7 |6 F+ j' O
because the origin, tariff classification or value for duty of the goods as claimed in the application is
/ D2 c5 m! ?+ Nincorrect.9 Q4 F" W/ l  x
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
/ C# ], v/ z, c/ t7 l% W(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground% P4 g; ^+ W2 Y% ^/ O) X5 w( \
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it; V. a* W: m* h( ^9 f
were a re-determination under this Act of origin, tariff classification or value for duty., k& o+ N, Q: y1 p3 y( q% J
+ D" s6 y8 j2 Y% B8 N2 i9 w) m5 a
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