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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 Importations2 |5 M, I% V# d
上面说 非商业 进口 可以免关税?5 {2 i  J/ X  n/ V8 c8 ?; G, o0 i

3 {* o2 N5 ^" n& H/ u
' v9 e( K; U7 D( {2 R) a! b$ }

! V7 c4 k1 i% z/ Q  jhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
) G0 `% y/ ^4 W4 ~9 {/ t2 J6 ^9 c% e% }2 T

# b" d* ~% b. [/ G0 [Refund Requests# y, B4 c4 @: m* l' L6 I' x
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" Z& Y! C" {. C! R4 X* }* ?paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part/ U1 |9 ~) }/ y% u5 P! j$ _/ b; Z
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if( Z9 o7 O6 l4 v! [% `
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to( D" e4 ^' D, ]7 P: }" q% E* @4 [
Canada to the time of release;
% ~  r- ^+ V% v4 E/ a5 R1 s(b) the quantity released is less than the quantity in respect of which duties were paid;- O4 F+ n# O6 _+ Z
(c) they are of a quality inferior to that in respect of which duties were paid;/ l3 {6 h( y" j* G- Q. d" o
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 u& F& E" l1 o- l, l2 \tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the+ T4 H! |# ~" u
case may be, was made in respect of those goods at the time they were accounted for under0 |3 w6 {6 U# g. C' d
subsection 32(1), (3) or (5);
; @- o  A' Y6 d5 z) Z, g3/ s) y5 z2 O3 k( ^8 _# O
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
5 w; Z. e. Q- _* b4 vpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are" X  n% l6 u5 C/ w
accounted for under subsection 32(1), (3) or (5);
$ l0 T. J8 w# T/ K. l) C(d) the calculation of duties owing was based on a clerical, typographical or similar error;5 }  X( x1 N0 s5 g  I1 a
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). g% ^! `8 s4 ^, g, |8 Z6 Y+ h
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 D; [/ O# B; \# D/ O5 d9 S
value for duty in respect of the goods and the determination has not been the subject of a decision% q! b0 M+ i  r9 e& t; P; H
under any of sections 59 to 61;
! i# k& ?: B% i$ c& s(f) [not applicable to non-commercial goods];7 [8 q2 S9 l! }+ V9 w
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
/ ?4 [5 W0 t4 o2 k: N(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based0 V. F' J4 O5 Z2 \* a
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
& A2 Z9 {  n9 Z. `this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).$ N8 d4 K* F+ T0 S2 Z5 |2 \
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) \1 S& X. P" k% e6 Cunless written notice of the claim and the reason for it is given to an officer within the prescribed time.# a6 ~3 I8 X" u  O6 K
(3) No refund shall be granted under subsection (1) in respect of a claim unless( u2 P( e& P9 S% @
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
4 X; h( a8 v* T6 j% _; o& F2 Erespect of which the claim is made or otherwise verify the reason for the claim; and
$ D1 J4 b( r! J+ r1 r(b) an application for the refund, including such evidence in support of the application as may be
6 y/ C. @+ C' R0 E; M- H* cprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 d; P. M% c+ N" P9 R, I$ Pprescribed information within* A  E1 @- @4 k& a0 e" m, N$ k
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)- b4 \: N: R+ _: ^: D3 ]/ `
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' l$ R" O3 `: x5 D; Y(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* C& L8 Y! q4 e8 S9 t; ^
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
, i( w: j8 l: f4 h5 O1 x4 z9 Z(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of" [6 M3 a) H2 T' @
this Act as if it were a re-determination under paragraph 59(1)(a) if
# q# Z, K+ w8 l0 `% f8 U(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' g. r0 {% R1 z9 J
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 K& t6 g: Q" Y2 N
eligible for preferential tariff treatment under a free trade agreement; or% l$ n4 J( H* j3 w7 q
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
" ^5 G' T' B0 ~! B1 _because the origin, tariff classification or value for duty of the goods as claimed in the application is
7 \) ^* ^% i% X5 w' D. nincorrect.
( Q7 f" t6 M4 K$ e" G(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
7 j3 }# ~" e5 j" E2 j4 i(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground+ A( H  |6 e3 H+ D( M: P( H
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
4 G3 t$ [  _  \! m) h. Q' g3 Y' rwere a re-determination under this Act of origin, tariff classification or value for duty.
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' X: }! `! q; _) D( u: d7 d这到底是说可以还是不可以啊?
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