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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
. }) {. s' q; g4 ~3 w( D- d  N上面说 非商业 进口 可以免关税?, }0 Z% E9 G0 S* C. C' H

" G$ H2 n7 R( ~. l2 s0 r% V" M8 Z) ~8 R- |! ]+ j

1 n1 \* A8 P$ \http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf9 q8 e3 Z6 M/ {- P
) J+ L& A" l/ I1 n; {/ l2 A; k
2 U" P6 d. j2 _/ D
Refund Requests2 L, W+ e7 Z! N  ~" b
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
( h) h( o3 q$ J2 @) E: {paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 n6 a; P8 W1 B% \/ b$ Z$ L
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if- Y% G) t; w: g- D
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ g9 r' U  \$ j. |/ pCanada to the time of release;
# D7 ~" @# _! t" h6 I( }(b) the quantity released is less than the quantity in respect of which duties were paid;
$ L4 A* h, K8 N# S! |(c) they are of a quality inferior to that in respect of which duties were paid;: g, n4 S, G* B3 O' A
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential/ ]  j5 K: n/ j* }/ o; m
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the" e) {! G. v7 P! e% O
case may be, was made in respect of those goods at the time they were accounted for under: k) `2 A- B5 G8 U
subsection 32(1), (3) or (5);
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: b1 Y, i4 r- S* ?. d9 G(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
  S. p# @* H( D) s9 jpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are0 o% ^- G# J/ H8 v; C/ l
accounted for under subsection 32(1), (3) or (5);
6 F6 y5 {6 I! U# z7 ]" w# \(d) the calculation of duties owing was based on a clerical, typographical or similar error;
' @" L: i# g8 V2 c(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)  l( Z" U  ?, `
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or/ G' l& l8 a* H/ i' F# z& F0 {3 v! a
value for duty in respect of the goods and the determination has not been the subject of a decision
1 F4 w( F+ T* k6 `under any of sections 59 to 61;
9 a# W  V$ V  r(f) [not applicable to non-commercial goods];
. k0 M4 ]" V3 t, ?0 ]7 {(g) the duties were overpaid or paid in error for any reason that may be prescribed.3 Z( T* X0 G4 K0 m
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
% m( Y5 h0 [+ }) J  y9 |% R4 q8 Von tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 e, Q  M% V* k. |; \
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 N: j/ r2 J8 s- f6 h9 [(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim. C& e2 \% A/ v1 C
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
) \; P. |; h+ n# `# t(3) No refund shall be granted under subsection (1) in respect of a claim unless
# l9 m& k) w$ E5 S; R(a) the person making the claim affords an officer reasonable opportunity to examine the goods in, X0 F/ }: e2 R
respect of which the claim is made or otherwise verify the reason for the claim; and- t$ w- }5 q' W# n- e9 Z  s& @
(b) an application for the refund, including such evidence in support of the application as may be
$ W0 c) Y$ ^8 k! r" x- h- j. nprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: ]  D& }8 p& R6 [2 nprescribed information within* B( w( `/ T# Z; _0 f% ^# y/ H
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)# P7 L4 c$ o# S) N( k8 a
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, _6 ~$ R9 U! g3 Q(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
' n0 @4 b, `1 e  ?were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' [4 i% S' r4 e! N7 P% {
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; S9 W6 b2 C7 J7 N* Z8 E( B
this Act as if it were a re-determination under paragraph 59(1)(a) if1 p2 o0 G" ]9 k; q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' ^5 q9 k; `& W% w( ^2 U
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not+ i* l0 z6 {, `7 C+ ]1 X, y
eligible for preferential tariff treatment under a free trade agreement; or
8 S0 V' Q9 [* l& t9 r(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
  N! `) w6 d4 z1 [  M/ bbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
7 u6 b# E4 N+ r, n3 J6 G9 kincorrect.1 U) f5 @& j8 F% D8 X
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),: y" d6 b6 N* {+ z6 G
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- c) D9 x- V0 t2 S
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 i2 r+ s$ Y  e0 p* p5 ywere a re-determination under this Act of origin, tariff classification or value for duty.
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  v8 T/ {" U  J3 _这到底是说可以还是不可以啊?
理袁律师事务所
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