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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 M+ X1 V: a# e$ f! P" V) w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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* u  z3 a$ i, p6 k" P; IRefund Requests
$ [0 I. D6 |. x$ a. E3 h8 R* v0 ]74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who8 m' d  Z4 ~9 @. I
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part3 l; Z0 b2 P/ D3 C! I% X
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
& f7 c3 d' W4 z" E- M: j6 j2 M(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to" E# P8 c2 Y1 P1 Z! c# \/ F
Canada to the time of release;
7 J6 {  U: N) k% S$ D+ Y; h( z4 a: y(b) the quantity released is less than the quantity in respect of which duties were paid;
6 j7 d$ D9 E  F(c) they are of a quality inferior to that in respect of which duties were paid;& a8 |( Y/ t' D
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
* q8 g: w3 F7 J2 ?. Wtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
$ V- g$ F0 b/ f8 H' @0 l3 B) Qcase may be, was made in respect of those goods at the time they were accounted for under
' f) z$ z# \" a2 S% d3 esubsection 32(1), (3) or (5);
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* t; V8 r$ Y0 T3 E. q(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
6 ^' p6 b& ^2 l' i; Dpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
  e) B* J* y, l3 }+ u4 L/ ]accounted for under subsection 32(1), (3) or (5);
# d5 ]/ {' I( y(d) the calculation of duties owing was based on a clerical, typographical or similar error;
8 j6 [# i6 K- B& ^6 ?(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
- @; q* q9 |" }1 @& f6 k' ~  E, {of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
. p3 d1 M1 O3 x- R1 v+ }1 L0 ?value for duty in respect of the goods and the determination has not been the subject of a decision
1 b2 q$ R/ k4 D- X& ~0 J8 ~under any of sections 59 to 61;
6 i8 o1 j9 z" w: Z3 P, X(f) [not applicable to non-commercial goods];5 q; T- Y  ?( v4 ~4 M
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
1 L# S# k) C$ h# \+ p+ u(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; h: Z- e' m0 @3 V& g% l
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; N" W) X& T- ~- D6 m5 Nthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; t, E6 D! {+ I: x. f( A( t(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) u: Y2 l* j( ?5 U8 ~) d# xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
. P* j3 b& N5 h7 f  J0 B5 W(3) No refund shall be granted under subsection (1) in respect of a claim unless
! H" F- s7 G. I* Q: V5 e  [# V(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 w9 P; Z% E2 \- L; [5 O5 d! Q
respect of which the claim is made or otherwise verify the reason for the claim; and
' S4 v& ~; `) h  l(b) an application for the refund, including such evidence in support of the application as may be& C' P% I( n2 Z, X* d& K
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
. d+ @+ ]8 ?5 D0 Iprescribed information within
4 g) L- N! C7 {+ M4 V(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ J* I4 L% Y4 j3 w
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' K) J0 x+ R( d
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods/ S. L  N* @. ~4 }; C2 \2 F
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* A  U" k# [9 C" |7 M2 c1 @+ t
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
) l6 w( k8 e8 s! V  ~2 Kthis Act as if it were a re-determination under paragraph 59(1)(a) if8 I' a2 @7 v& P  I
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied1 L+ t8 C! N3 m/ Z3 M
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& `, u; w) E4 y0 w6 z1 o, p: }
eligible for preferential tariff treatment under a free trade agreement; or
+ ^( h* ?* [2 v; f+ S(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: u5 C3 H1 E, W8 g6 _7 Qbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
( @: b8 J! _* `incorrect.
2 G7 s2 [% v' P+ U( N* d7 F1 g(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ p. a% K( H; _
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground, H5 Z2 I9 Q& I/ a6 [( A
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
, ]7 [2 m. l  S6 L0 u9 v, }) uwere a re-determination under this Act of origin, tariff classification or value for duty.7 W# {* [' Y" Z5 Y2 a' @

* ]6 x: T  j6 T, u6 R" r5 {, g  r这到底是说可以还是不可以啊?
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