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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
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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations8 z2 c5 {  P& i5 [2 B: G) ~8 u0 I/ Y
上面说 非商业 进口 可以免关税?% d  \: O8 z/ Q7 @) W

: z6 O; W, A0 c6 b0 V8 s  e2 w) v  `

$ ^% @  v. H+ B& {http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf  E( c0 k$ X- z. ?
- J$ x8 B2 Q" J/ D! c

8 r8 X. D8 q& K) z/ c, PRefund Requests3 ^) ]" v4 e4 F1 g: Z6 j" \; X3 x2 m
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 X! |' e9 z2 B" p
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part. f& W6 O  N0 ~
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
  i$ T, Z! s  E(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to% z2 I. h; I  S1 F( j" F
Canada to the time of release;5 t5 H+ Y5 E# u$ K; N' P$ N
(b) the quantity released is less than the quantity in respect of which duties were paid;. A! H9 z9 ~9 n( L
(c) they are of a quality inferior to that in respect of which duties were paid;, ]5 b7 c1 h, ?
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential1 D: Z, [1 a* [6 g6 n( Y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
, [9 O7 [  B5 ecase may be, was made in respect of those goods at the time they were accounted for under
3 G3 I/ [+ }( L  y6 @subsection 32(1), (3) or (5);
' ^& p( ^( M4 j9 ]8 i33 i4 O% w. W. Z/ f' O# k( m
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for  I* l: {& V- s' s; q
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are* v9 P/ t$ S: T* ]9 k- n
accounted for under subsection 32(1), (3) or (5);
: D4 x- N4 D* p! {1 v* \(d) the calculation of duties owing was based on a clerical, typographical or similar error;. |; G( L# H. K5 R4 Q
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)- V% `: Q* N- b# w% n
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
( n9 ~5 c4 r9 m/ X  Y  f7 A$ kvalue for duty in respect of the goods and the determination has not been the subject of a decision
5 e4 c$ L0 R# O' t$ L. @under any of sections 59 to 61;
& ~+ h8 g& E' t% l" H4 D; t(f) [not applicable to non-commercial goods];
7 `3 c/ d3 S- ^; a& i# a, |: G(g) the duties were overpaid or paid in error for any reason that may be prescribed.2 k3 N* M" \1 l5 X) Q
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based! ^$ ~  T) `& U% a
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
% ]* S% Z! O- O& ~8 Hthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).& F5 _" u) m+ y
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
( h( A8 R) [' R$ b/ D$ o' X1 sunless written notice of the claim and the reason for it is given to an officer within the prescribed time.. T# y: e0 R& {( R+ ]4 W5 m. a
(3) No refund shall be granted under subsection (1) in respect of a claim unless
$ B' _; r8 V9 n  A+ l( l(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 m, x( P8 B8 g& P! @/ c- \% R
respect of which the claim is made or otherwise verify the reason for the claim; and
( ^" }& e2 \0 U- p(b) an application for the refund, including such evidence in support of the application as may be- j& p8 d0 E) Z- O8 }- ]) q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the* d$ y; Q, o& T. v8 \- q+ O
prescribed information within
( o) P+ G$ z( n1 H3 i$ F(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( s# Q5 @/ l; r( ?) _, L4 u1 gor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and# L0 Q* @" d. I/ L* C
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
+ d  X5 f3 B) U( e1 fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 {/ A  u2 Z- R9 c# i(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
4 H, r- V* s# |: `$ q- R4 x) R8 g% Ithis Act as if it were a re-determination under paragraph 59(1)(a) if
; m; U( d: O# U! W(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
, O( a0 l6 [( L4 S" U" hbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
* D) ?8 j1 e9 A+ Deligible for preferential tariff treatment under a free trade agreement; or
9 B1 z2 s" U5 ~3 [& G(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
# b3 |, @4 l% K+ S$ R' Lbecause the origin, tariff classification or value for duty of the goods as claimed in the application is, A& F/ D$ l9 H4 K6 H& ?# `' Q" ~
incorrect.
& X9 y& W' l/ l' V, k(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
* R# k7 {: W4 \  e% u$ w( b0 E(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground; i8 |. ^, T+ F& {" Z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
/ r; K- X1 r9 F$ _" F; Awere a re-determination under this Act of origin, tariff classification or value for duty.; _! w( x2 d/ f4 {+ d4 r6 p. [
. z7 d; e* g. d- q2 z9 p2 T" d8 B
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