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第六十条 纳税义务人发现多缴纳税款的,自缴纳税款之日起1年内,可以向海关申请退还多
缴的税款并加算银行同期活期存款利息。
纳税义务人向海关申请退还税款及利息时, 应当提交下列材料:
(一)《退税申请书》(格式详见附件3);
(二)原税款缴款书和可以证明应予退税的材料。
第六十一条 已缴纳税款的进口货物,因品质或者规格原因原状退货复运出境的,纳税义务人
自缴纳税款之日起1年内,可以向海关申请退税。
纳税义务人向海关申请退税时,应当提交下列材料:
(一)《退税申请书》;
(二)原进口报关单、税款缴款书、发票;
(三)货物复运出境的出口报关单;
(四)收发货人双方关于退货的协议。
Article 60 Where a duty and/or tax payer discovers any overpaid duties and/or taxes, it may, within one (1) year as from the date on which the duties and/or taxes are
paid, file an application with Customs for Customs to refund the overpaid duties
and/or taxes and pay the current deposit interest of the corresponding period.
When filing the application with Customs for Customs to refund the overpaid duties and/or taxes and pay the interest, the duty and/or tax payer shall submit the
following materials:
(a) the Duty/Tax Refund Application Form (see format in Annex 3); and
(b) the original Duty/Tax Payment Record, and the materials that justify the refund.
Article 61 Where any imported goods with duties and/or taxes paid are shipped in
their original shape out of the Chinese mainland as returned goods due to the
reason of quality or specification, the duty and/or tax payer may, within one (1) year
as from the date on which the duties and/or taxes are paid, file an application with
Customs for Customs to refund the duties and/or taxes.
When filing the application with Customs for Customs to refund the duties and/or
taxes, the duty and/or tax payer shall submit the following materials:
(a) the Duty/Tax Refund Application Form;
(b) the original import declaration form, the Duty/Tax Payment Record, and the
invoice;
(c) the export declaration form for shipping the goods out of the Chinese mainland;
and
(d) the agreement signed by and between the consigner and the consignee on
returning the goods.