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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
. U! z# Q* ~. m' w  S, S上面说 非商业 进口 可以免关税?
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$ @- E% N+ O3 S) p. o  J# f
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& ?2 p& }; A" d. shttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf2 U# H6 u) _- h& x7 k# {

8 b! W4 S0 m4 a, |0 s6 M  O0 b
  r8 W! z; a* X9 _Refund Requests) U  \; G, S. d
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who% z# X; n5 |6 D) A) \
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
6 e- u- ]# J# J: v: y& n. bof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
2 |7 J2 x" q# O(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
; S2 d6 S9 Y& b1 e) `Canada to the time of release;
$ f7 Q' t* Q  ]3 @6 Q% T4 l(b) the quantity released is less than the quantity in respect of which duties were paid;  z6 Q2 S, ^1 p
(c) they are of a quality inferior to that in respect of which duties were paid;
0 p$ [, m, e* ~& N7 u9 T( `/ E(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( L2 `  K0 [6 b8 r5 p
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) x; Z7 u/ a; N6 p, @
case may be, was made in respect of those goods at the time they were accounted for under" ~! `0 z  T) g3 M5 L$ d$ d2 Z
subsection 32(1), (3) or (5);
% {. n8 K% S; S+ w6 x8 t3& D' J) _( Z  t0 R5 |+ C9 ^
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for& U2 I) y; Y# W1 r
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 x- k$ R7 T! `. ~  l
accounted for under subsection 32(1), (3) or (5);
- b8 d; H  z6 {' K" v! d' H* g(d) the calculation of duties owing was based on a clerical, typographical or similar error;7 z. |# x" L1 d$ S" f  u) t' R
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' q% H" i* [# {- [of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or9 N/ K* I3 t' [* `& x
value for duty in respect of the goods and the determination has not been the subject of a decision8 G+ x# a: W3 D4 M
under any of sections 59 to 61;( u# t$ s, x( [2 ^4 l2 @
(f) [not applicable to non-commercial goods];
% C% k6 J$ l+ o; m. _4 M) s! G(g) the duties were overpaid or paid in error for any reason that may be prescribed.' g( P1 g* Q, ^% U1 \6 F# E
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
' v1 I- b. W1 ~. V: }9 |+ yon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) I6 v% K: h4 V+ i( S, h- T+ o* dthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
  t! i- `$ o; v; Y. h( l(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim3 e2 [7 N8 \* P8 s
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.- W8 C2 c  O, H8 ^" s
(3) No refund shall be granted under subsection (1) in respect of a claim unless! C* }2 L2 V+ Q3 O6 k
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 _7 l. l3 r( f4 q
respect of which the claim is made or otherwise verify the reason for the claim; and' [. P& l2 ]. z0 I  g6 c
(b) an application for the refund, including such evidence in support of the application as may be
& t( c7 w0 c; Z0 N" Gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the9 w- Q/ T8 m5 p
prescribed information within
- r& t$ A% @. v0 W# N" U(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
" }" y9 r2 b- D# Qor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' }( B- [; ], S
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods! H. R6 O/ ]5 Y5 g" ]. R+ r8 F
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 N1 x% V# p0 j% I(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
3 Q4 _' @( w( V1 [! }2 i: Ithis Act as if it were a re-determination under paragraph 59(1)(a) if
! y( h2 J$ ]& x/ g6 |0 I9 i(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 X; ^/ z. A2 Sbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not: A5 V, i* v- G; ]
eligible for preferential tariff treatment under a free trade agreement; or
. w) T3 o# r; V2 n(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied; f, X( R5 r! q0 ~+ \. R( ]
because the origin, tariff classification or value for duty of the goods as claimed in the application is
' g8 c$ d- ]9 r1 X' x% \" {6 ?+ q! [incorrect.
3 p* o7 @- p6 ~, A) {& J) y(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 J2 C& }& W, W* ?8 w/ y9 q(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- U# V2 f' C: {4 t3 o- L
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% {$ e( W' |5 Z+ Q
were a re-determination under this Act of origin, tariff classification or value for duty.9 H4 f* ~& j* {3 T3 U$ Y- s

( [6 Z3 ~5 L- S% w/ b4 T1 K/ h这到底是说可以还是不可以啊?
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