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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
" M. B3 [/ a2 \9 ]8 ^8 Y0 B上面说 非商业 进口 可以免关税?% y4 v( m* T# O
# z) h, ]% I' n* X* i$ {$ D7 l

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) t* Q0 l6 q) F' v7 V+ Chttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf' L2 J# n9 z3 w( Z* n, g
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Refund Requests
: k  V0 `% L# W' ^# p74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
0 ^8 q% J5 W( d+ @$ t; rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
  V) D0 o7 }) h) @( u0 Y7 [3 qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
' {( H4 `2 n/ Z  f$ d& n" ~8 G(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 @  i+ e! L. J/ J/ A5 c: S! Z0 h% l9 {
Canada to the time of release;% x5 l) u% d5 q; \' V* a' a
(b) the quantity released is less than the quantity in respect of which duties were paid;3 q6 q. R$ }( T- a
(c) they are of a quality inferior to that in respect of which duties were paid;* l2 B' V; a6 ]% H+ P% [
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 _! w) \6 y+ a: A  L" r) H+ z; jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
1 r. r7 y! [; n$ s  ?' icase may be, was made in respect of those goods at the time they were accounted for under4 u. S' k+ w9 E1 A. L6 t: J9 \
subsection 32(1), (3) or (5);7 S3 G* O% |3 n  `6 v" W; V
3
7 _) h( `8 g$ n3 q3 o0 _, ?% N; U(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
( R' H0 r' Z# }6 Tpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
" M7 l7 _5 t/ ~! Gaccounted for under subsection 32(1), (3) or (5);' h4 ~* n9 E4 V+ n& j+ E
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 v( \. G. U! g7 Z; E(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
9 r; B# {7 D# ~( W) Lof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
1 q$ V# [6 @# R( A7 F6 D6 Jvalue for duty in respect of the goods and the determination has not been the subject of a decision( t& A% T* T2 H: q7 y
under any of sections 59 to 61;0 w+ Z! F. V& i  L6 E  R; g
(f) [not applicable to non-commercial goods];* b( P( @: j4 R5 \7 V
(g) the duties were overpaid or paid in error for any reason that may be prescribed.. P0 V4 ?* k" c! t9 @+ f; Z
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based" C9 a( L$ b0 s6 ?: x0 Q8 v
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
$ e, K$ d  x8 x% U+ y' W3 ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
' N7 V/ ^* U% l' t% ^8 A: \  D(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
/ r7 Q" b8 x  i( Z! eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.' G5 l; {, e0 `% Y
(3) No refund shall be granted under subsection (1) in respect of a claim unless# d) w/ F% q6 S1 m
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
9 ]2 H3 {4 R: J. o+ K7 Urespect of which the claim is made or otherwise verify the reason for the claim; and
: O1 u! N8 x3 h8 `$ d(b) an application for the refund, including such evidence in support of the application as may be
; v" {$ k6 `; {1 `+ K8 i" Vprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
7 `2 ?9 O8 _, B9 ~prescribed information within4 h2 S3 @% I" v; K0 Y" P! r7 d
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
/ F7 X4 f. Y* t. ~+ W2 Y% J  kor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' P! m' J; s+ _2 T( H( y+ Q% ]% E(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
# J( `( v9 y1 K( Iwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.. i% G5 i. _# @& C+ H  N
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
( ~) P; j8 V, e$ O9 P$ r" hthis Act as if it were a re-determination under paragraph 59(1)(a) if
9 i* Q. e8 z+ h4 Q# m(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied1 ~+ [5 w& G! u8 o
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not% Q3 Z  E7 H) l! V, F  `' e
eligible for preferential tariff treatment under a free trade agreement; or
! F  S; }, g8 L9 b, @(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied; [) z7 d* Z$ l/ m. Z, |0 a* x
because the origin, tariff classification or value for duty of the goods as claimed in the application is+ v- u- G" H6 f2 V
incorrect.* h, S2 g' b. R' F' z: s9 M
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),. H+ r# i  ~. h7 P
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 c2 c* i) j8 @7 m$ g1 K8 o. n; L
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
+ T2 d; k3 \( S' X  t& h6 Cwere a re-determination under this Act of origin, tariff classification or value for duty.' t  p) b0 m" v  y/ e# t
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