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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
* F' Y  R2 z6 f* g" _3 U上面说 非商业 进口 可以免关税?9 Y+ H& p) ~: V8 m6 x$ _
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! Q, O/ c) w7 O' E' Ehttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
: Y6 J" s2 d* \) ?5 J- }+ w6 U8 E& _3 }( H8 L
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Refund Requests
$ ?" p$ ^, I% Z& r; O" N74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
  [/ I  \7 k( h! wpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part. j+ g4 O/ S2 s! `$ q
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if2 \4 u' ]" ~1 V1 a$ x
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to  k! [4 _7 v" m* _9 u
Canada to the time of release;# S: `' I  o2 |2 G/ {
(b) the quantity released is less than the quantity in respect of which duties were paid;5 x, c3 G+ d2 `9 h/ S. K+ u
(c) they are of a quality inferior to that in respect of which duties were paid;
3 r# X' g: ^  g# N& G(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential6 V" V* ~+ h! g! f3 E
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
# o" R# q( r# @) |case may be, was made in respect of those goods at the time they were accounted for under
; w/ l6 N" f" V1 y5 R5 o7 {subsection 32(1), (3) or (5);
5 d2 \( j+ B: b2 ?3
. f9 U# K( w& e# r; T; D(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 h5 k7 a. w- F+ ^3 kpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are' q, |! H) m5 Z
accounted for under subsection 32(1), (3) or (5);
) s) L. ~( E. h9 b) _1 V9 Q(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 j& x  n7 a( C' w
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 u; [& |' m+ ~$ ~of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
; k& K8 C7 d# Wvalue for duty in respect of the goods and the determination has not been the subject of a decision
1 N( z) D$ }8 j7 q4 ?! b% J7 C- [& L, Cunder any of sections 59 to 61;
2 A2 n3 `1 R+ Z; U. H(f) [not applicable to non-commercial goods];
5 f. [4 r" f6 m9 q(g) the duties were overpaid or paid in error for any reason that may be prescribed.( K& e! m/ G2 c4 M/ l0 P+ w2 N
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
' C; d% k0 E* ^) f; _1 a6 con tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
9 r/ p0 C1 X- @! ^! ythis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
  N8 y- m* P4 K0 L(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim( i& k. W7 T+ f% d2 K( m, z/ b6 q! d! X
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
4 w, d) z3 G$ a- N9 H(3) No refund shall be granted under subsection (1) in respect of a claim unless
3 F$ d/ H* X* _+ O/ U(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; k& |0 F( S3 Q; O' f
respect of which the claim is made or otherwise verify the reason for the claim; and: F3 |9 I7 S* s; p5 m
(b) an application for the refund, including such evidence in support of the application as may be
* @4 [2 Q/ g9 tprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the) ?  s& g$ A* b8 [: l+ o0 O! r
prescribed information within; q5 Y+ S, H! i2 u8 u# g. R7 h: j
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)% |2 C! Y, n( V$ C6 P( |" b9 C
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and# N6 t, ]! T& A3 Q* b
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
# ]- w; M8 ?/ u& ?' \, Iwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
, O, M) h. \+ C) J" ~(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 d+ o* v! U+ _- H9 t* l) G$ k
this Act as if it were a re-determination under paragraph 59(1)(a) if$ K- i1 a6 o. `+ p9 i: I( Z
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied( L% S/ P2 m% [  a& G) N
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not1 Y( l8 C9 D" H! [7 D" n" F3 k
eligible for preferential tariff treatment under a free trade agreement; or
/ w( _! w  K/ L5 f(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied9 z0 }! O+ m; `% M( T( r9 ^
because the origin, tariff classification or value for duty of the goods as claimed in the application is; |( s% R# r, b* n( F0 U
incorrect.
) t, V8 [& M5 K; Z" [6 R(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; i5 ^2 K5 d, b' _; p. {
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground% L1 ?/ q8 W- {
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it( t- U) [6 j+ z) ^0 F
were a re-determination under this Act of origin, tariff classification or value for duty.) Y6 W1 @5 M$ k/ V: W1 J" |# F
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