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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
0 [1 M9 f- b' B$ N: u7 i: u上面说 非商业 进口 可以免关税?7 d$ {% G8 M: j& B' Z/ i# j

2 X9 z9 L# p- Y9 @2 O; T. u. q) s2 v! g# b8 f1 ?# p" h

# Z2 a" ?' r: V- f4 A* xhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf8 y6 z% a3 x/ ]. R/ \! C1 W/ u! ~: W
0 L; D' A- t+ V' {3 ~$ K

& D, h9 C, M9 c; H  ~% kRefund Requests% U8 p; Z. g# ?+ X* K" Q
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
- ~& J/ ~" ^% r  s+ fpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part4 r5 ^8 }* U# b- [7 s9 A9 J1 y: U  N  H4 T
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if% L  j+ ]1 o$ A6 z
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to( ?; J% v; `1 e; |
Canada to the time of release;& O$ A+ w8 n0 _7 |
(b) the quantity released is less than the quantity in respect of which duties were paid;7 k$ e& a1 Z& @: Z  Y# ?, j
(c) they are of a quality inferior to that in respect of which duties were paid;
4 E% Q- u1 z6 I* r(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( N" x  [  G" S8 D* O# e7 Btariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
% ?9 Y: ~) P6 l8 p$ Dcase may be, was made in respect of those goods at the time they were accounted for under
( S% _+ j- ~9 J( O3 bsubsection 32(1), (3) or (5);
4 _; |6 M/ I. j9 `+ [3
1 @) l  R( @2 c  F(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
6 l3 ]2 q# T! i7 _! S" r& v, b& Xpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are+ P* ]" N6 I# D8 V  y: v9 U
accounted for under subsection 32(1), (3) or (5);
: Y. X$ Y, d0 c8 y9 L0 K(d) the calculation of duties owing was based on a clerical, typographical or similar error;
& }7 C) _9 x6 g4 N* D% w+ v(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' P8 H; k  ]: H. h: A8 y: D2 oof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or7 l% ^, m1 q8 e2 k/ {$ M2 s. t
value for duty in respect of the goods and the determination has not been the subject of a decision
" Y! H% N# R% v; r, Kunder any of sections 59 to 61;1 }, l' H1 q0 M8 `- Z" w
(f) [not applicable to non-commercial goods];( I+ Q4 z0 ~; S) j! K
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
! R6 g$ {+ k' [(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based0 a0 D  o" @7 ~; X
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; c7 \1 S9 z5 G3 x. o% wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 V' H. ^6 k8 T1 S  d2 f% D; o  u(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim! D! J/ W3 y. p7 c
unless written notice of the claim and the reason for it is given to an officer within the prescribed time., L# h8 {9 }7 g- p0 R/ x: q" s
(3) No refund shall be granted under subsection (1) in respect of a claim unless
* ]5 b0 v" `9 ], [1 U' n(a) the person making the claim affords an officer reasonable opportunity to examine the goods in/ M4 a& X% A( W5 U4 m6 L2 n8 D) ^
respect of which the claim is made or otherwise verify the reason for the claim; and
& u+ d  e9 H8 Z6 [3 B' B(b) an application for the refund, including such evidence in support of the application as may be% l6 X+ E% |3 [9 q( Q5 b& h0 S1 L3 z
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, |  }4 ~3 F& kprescribed information within. }5 n# s0 {& E
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 D( i9 {# `+ Oor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and  X  g/ c8 X, T3 I: G9 d
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 [8 y% c* k2 u4 o0 `: n3 n. B. w% O
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 W. j& D! b2 h(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of7 w; q% o6 O" Q1 L  y
this Act as if it were a re-determination under paragraph 59(1)(a) if) s& E) C/ E8 a3 t  n
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied# j. D  i  p  ^: r6 K
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
0 q' V2 x4 g2 ?! X0 `$ @! B  B6 Deligible for preferential tariff treatment under a free trade agreement; or
5 g; Z  G0 C% ](b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied7 g; m9 p2 i0 u/ Z8 B* Y' Z
because the origin, tariff classification or value for duty of the goods as claimed in the application is, @( m( [- N+ G- D) W
incorrect.% L. H. G0 W. w+ z7 }$ M
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),0 N2 N. p2 ]. B0 z% T& e7 {+ i
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: P% F* R6 `4 k8 X4 V1 S5 y/ Z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
$ o+ C: B0 ?3 Y9 Mwere a re-determination under this Act of origin, tariff classification or value for duty.
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- s4 B. A3 O; _/ k* {% W这到底是说可以还是不可以啊?
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