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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
, C) G% L. K2 x* V7 B6 v6 z上面说 非商业 进口 可以免关税?
$ {4 p6 u, A: z6 t5 Z6 U0 q0 R" {$ m% Q, {) @$ @; h
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- s) x* B( K* Ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf5 n- R$ [& H* d) i8 x: E
+ Z; @& x- E3 @+ U
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Refund Requests" P4 K* ^2 r7 O5 ^& p
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who( s* }# M* N6 W
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 l+ Q$ R/ O/ J, G: \) [
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if+ i# v- z% o2 T* E& s5 Z6 B
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
4 L1 c2 Y7 T, W+ @# R6 WCanada to the time of release;, V8 d9 k5 p6 I& D! p+ D7 ?
(b) the quantity released is less than the quantity in respect of which duties were paid;
9 e; H& C' a) u6 S4 O- ~(c) they are of a quality inferior to that in respect of which duties were paid;# q* U5 x4 u% g" N7 ]
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 A5 q; r9 R# S: ^+ C; n: Btariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the5 q# f2 g4 b% Q
case may be, was made in respect of those goods at the time they were accounted for under1 r3 D* p8 u5 N$ N0 q
subsection 32(1), (3) or (5);
: u* c% b, i1 y  N1 w' ]$ n3 K36 F$ c# f2 c  x. r
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
0 W; }% J' R- [; k( R9 j7 w* _preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
9 j( K  b; R0 f4 |1 j$ ]! Paccounted for under subsection 32(1), (3) or (5);
! e: g. a0 Z2 X(d) the calculation of duties owing was based on a clerical, typographical or similar error;+ W$ h0 }" X, R) h
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)/ {& Y9 i- y7 J
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or9 N" y: m( ?2 u0 L# _; G7 W
value for duty in respect of the goods and the determination has not been the subject of a decision
8 k1 d0 u' Y. O/ ]  }under any of sections 59 to 61;
4 t! p8 [8 H8 j0 C, x9 C(f) [not applicable to non-commercial goods];- ]  K+ |+ B; Z! ?/ u' F0 z
(g) the duties were overpaid or paid in error for any reason that may be prescribed.  D. j; n* J! a7 p5 v
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based' s. Q, \) n" O5 M7 |) f, p3 l0 B
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: |0 v4 C8 I% l: a8 fthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).: e# ~( r- J. x) j7 R, s
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; l1 d+ H7 }) m! xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
$ `0 V" k+ F! [(3) No refund shall be granted under subsection (1) in respect of a claim unless
+ X' r' ~) a$ c5 l8 V% D9 K7 L(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
* J  C3 c" z& H7 I: {& [( Jrespect of which the claim is made or otherwise verify the reason for the claim; and
. J0 C1 C% b( l0 o& p) n/ L(b) an application for the refund, including such evidence in support of the application as may be' l& m6 @6 i- c; V7 c+ B( K
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the. T" w- Y. d& B# @" Z+ m
prescribed information within
' s0 t# j: t; @* F% L7 p(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)( L- _% p4 V' y
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and* p' Q- s1 E7 \: x* [9 }
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& u0 l* p8 b2 c0 a6 C: i2 Pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
; I$ E1 Q+ @/ S# ](4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
- _$ k( O) U) {+ q" j4 c% F3 `this Act as if it were a re-determination under paragraph 59(1)(a) if
) d+ P6 H2 \- E% ](a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ c( ]( I& g( o  M; G. K
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not( @* p8 v2 Q0 i( |. e1 H! `& J
eligible for preferential tariff treatment under a free trade agreement; or
7 `% W, e- e, C' g(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied' o. D! V+ Q4 J) {% d3 P3 x4 g; u4 @. M
because the origin, tariff classification or value for duty of the goods as claimed in the application is
6 |1 j8 A+ m6 ^6 [/ @incorrect./ U6 W' J, x( ]' x$ O- z8 C
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),5 C/ ?! J$ {+ U3 X& R$ H+ T. S
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground5 S7 t$ p& _, F, D& T3 e& ]
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it6 X" V1 j# s# P6 a7 c) M
were a re-determination under this Act of origin, tariff classification or value for duty.
0 G1 k) `+ ^5 c; [/ |& X) B5 H2 Y1 v$ C4 o+ h
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