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Valuations

Incoterms, Excise tax & duty, NRI

QuestionAnswer
Who developed incoterms? International Chamber of Commerce
When were incoterms developed? 1936
Why were incoterms developed? To provide standardized rules, eliminated misunderstandings, disputes, and litigation.
Incoterms provide information regarding carriage of goods, customs clearance, costs, risk and the obligations to do what? To give notice and to provide documentation
Incoterms provide information regarding the obligation to give notice and to provide documentation, customs clearance plus? Cost and risk
Incoterms provide information regarding the obligation to give notice and to provide documentation, cost and risk and what else? Customs clearance
What are the three words that cause confusion under Incoterms? Delivery, ownership, and risk
Delivery and risk cause confusion under Incoterms what is the other? Ownership
Risk and ownership cause confusion under Incoterms what is the other? Delivery
Delivery, ownership, and risk should be clarified in the buyers and sellers what? Contract of sale
Are incoterms terms of a buyer and sellers contract of carriage? No, they are the terms of the contract of sale
Are incoterms a contract of sale under the law? No
Incoterms 2010 consist of how many terms? Eleven terms (11)
There are ten incoterms in the 2010 Incoterms developed by the International Chamber of Commerce No eleven
Incoterms 2010 can be divided into two groups. What two groups? Multimodal and ocean means of transport
Multimodal terms included EXW, FAC, CPT, CIP and? DAT, DAP, and DDP
Ocean incoterms include FAS, CFR, FOB and? CIF
Multimodal terms included DAT, EXW,DAP,CPT, and DDP, CIP, FAC,
Ocean incoterms include FAS,CIF, FOB and? CFR
Do Ocean incoterms include FAS,CIF, FOB and CFR? Yes
Do Multimodal terms included DAT, EXW,DAP,CPT, DDP, CIP,and FAC? yes
Do Ocean incoterms include FAS,CIP, FOB and CFR? No CIP is multimodal CIF is ocean
In C incoterms the seller pays what? main frieght
CPT Carriage Paid To (named place of destination)
CIP Carriage and Insurance Paid to (named place of destination)
CFR Cost and Freight to(named place of destination)
CIF Cost, Insurance and Freight to (named place of destination)
In D incoterms who bears all cost and risk? Seller
DAT Delivered At Terminal to (named place of destination)
DDP Delivered Duty Paid to (named place of destination)
In the E incoterms who bears all cost and risk? The buyer
In F incoterms who pays the main freight? Buyer
FCA Free Carrier to (named place of delivery)
FAS Free Alongside Ship to (named port of shipment)
Excise Tax is also known as what? Sin tax or Luxury Tax
Excise tax is applied to petroleum products, air conditioners for automobiles and what else? Inefficient automobiles
Excise tax is applied to air conditioners for automobiles, inefficient automobiles and what else? Petroleum products
The excise tax applied to air conditioners for automobiles has a few exceptions, what are they? Air conditioners that will be put in an ambulance or a hearse, or those being put in vehicles used by persons under Foreign Missions and International Org. Act. These are not considered luxury vehicles.
When the goods subject to excise tax are manufactured in Canada the tax will be applied when? The tax is payable when the goods are delivered to the purchaser.
When will the excise tax on a automobile being purchased for personal use from the US be applied? The purchaser will have to pay excise tax and all other duties and taxes at the border.
What goods does the Excise Act pertain to? Beer
What goods does the Excise Act 2001 pertain to? Spirits, wine, and tabacco
Good subject to excise tax are listed where? Excise tax goods are listed in Schedule 1 of the Excise Tax Act
When goods subject to excise tax are imported, when is the tax is due to be payed by the importer. Goods imported require excise tax to be paid at the time of import
Manufacture of goods that are subject to excise tax must have what type of licence? Excise Tax Licence (E licence)
Are all manufacturers of good that are subject to excise tax required to have a E Licence? No, small manufactures (less than 50,000.00 in total annual sales) do not require an E licence (Excise Tax Licence)
Some companies who import goods that are subject to excise tax don't have to pay the excise tax when the purchase or import the goods. What type of companies are they? Wholesalers who have a W Licence
A wholesaler in Canada, who has a W licence, imports excise taxable goods. When is the excise tax paid? Excise Tax is collected and remitted when the goods are sold
Both the Excise Act & Excise Act 2001 impose excise duty True
Canadian manufactured goods that are subject to Excise Duty require the duties to be paid when? Excise Duty is to be paid at the point of packaging.
The Excise Act 2001 was amended by the minister of Finance on March 21, 2013 this Notice of Ways and Means Motion did what? increased the rates of Excise Duty on manufactured tobacco
Are the Excise duties on imported wine, spirits, tobacco, and beer cheaper than those manufactured in Canada? No, sections 21.0(1), 21.2(1) and 21.3 of the Customs Tariff makes the Excise duties owed equal on goods both manufactured or imported in Canada
What act legislates GST and HST Excise Tax Act
HST is 13% in New Brunswick, Ontario, and what other province? Newfoundland & Labrador
HST is 13% in PEI No, 14%
HST in the highest at 15% in what province? Nova Scotia
GST is 15% in Ontario No 5%
A rate of 15% of HST is applied in New Brunswick No 15 % is Nova Scotia, NB is 13%
What 3 provinces are subject to 13% HST Ontario, New Brunswick, Newfoundland & Labrador
Is GST & HST applied to all goods and services? No, some goods and services are exempt, zero rated, or non-taxable
What type of goods and services are Zero-rated and do not have GST or HST applied to them? Those that are considered a necessity of life
Examples of Zero-rates goods and services include: milk, bread, veggies, grain and raw wool, medications and their dispensing fees as well as? Medical devices (hearing aids and dentures
Goods and services exempted from GST/HST are those considered to be? Goods and services that are a necessity, and are not used or purchase out of choice
A new home is exempt from GST/HST because a home is an necessity No a new home is not exempted, a used one is.
Medical, health, and dental services such as teeth whitening are exempted from HST/GST No teeth whitening is an elective service.
Services performed by a lawyer are exempted from HST/GST No legal aid is exempted
Was GST/HST applied to our tuition? No because educational services with a certificate/diploma are exempted
All medical services provided by a licensed physician or dentist are exempted from GST/HST No not all only required services are excempted
Loan, mortgage services provided by financial institutions are exempted from GST/HST yes because these services are a required service
ITC Input Tax Credit
ITC registration allows an importer to do what? Collect and remit GST/HST
ITC is filled annually yes but ITC can also be filled monthly and quarterly
Non-resident importers do not qualify for ITC because they are not considered Canadian No, they qualify based on the use of the flow through method of tax recovery or by registering for a GST/HST number
Provincial Sales Tax (PST) is collected on commercial goods at the time of import NO It is applied to goods destined for personal/individual use
Goods that are exempted from GST are not exempted from PST No, PST is only applied to the same goods that GST is applied to (unless specifically exempted)
NRI Non-Resident Importers
Importers located outside Canada, who choose to be responsible for any applicable duties and taxes are considered to be? Non-Resident Importers (NRI)
Being as an NRI is not a Canadian company they are not required to register for a GST/HST number, they are exempted from paying GST/HST on goods No they need to register for a GST/HST number, and a business number in order to claim ITC on GST/HST they have paid on imported goods
Does a NRI have to register for GST/HST number when they are considered a small importer? No
When an importers (and those associated with them) have a revenue from worldwide taxable supplies that is 20,000 or less in a calendar year and a quarter they are considered a small non-resident importer No its 30,000 or less to be a small NRI
Public service bodies who's revenue from world wide taxable supplies is considered to be a small organization if it is lower than? 50,000 in a calendar quarter and over the last consecutive calendar quarters
NRI Charities and public institutions are considered small suppliers if they meet the gross revenue test of? 25,000 or less
NRI obligations include paying any applicable duties and GST/HST on imported goods true
NRI who are not registered for GST/HST can still take advantage of ITP No, but they can use the "Flow through method of tax recovery"
What is the "Flow through method" When a NRI who is not registered with GST/HST charges their Canadian customers more for the goods and services in order to be reimbursed for the amount paid on GST/HST
A NRI is required to maintain records within Canada, who can they authorize to do this for them? Customs broker, accountant, or another authorized agent
In order for a NRI to have a agent authorized to maintain their records they must do what. Submit a request in writing for review and approval by the CBSA that indicates the business address where the records will be kept and the relationship between the agent and the importer
When the CBSA has authorized an agent to maintain records for an NRI, the agent is responsible for all legislative requirements of 40 (1) and 43 (1) of the Customs Act No, the importer is still responsible
Customs Act subsection 41 (1) and 43 (1) outline the legislative requirements for NRI No 40 (1) and 43(1)
NRI's who fails to comply with requirements of record maintenance specified in 40(1) of the Customs Act maybe subject to? a) AMPS penalties (Sec 109.1(1)) b) detention of imported goods until requirements are met (Sec 41)
Non-resident Importers MUST register for GST/HST when A large importer Make goods for a place of amusement, seminar, activity, event EVEN small importers Host a convention and more than 25% of the delegates are Canadian residence Big supplier who solicits sales of books, newspapers magazines
NRI's are traditionally what type of corperation Huge corperations
How many years must a NRI keep their records in Canada? 7 years
Who is most often hired to maintain records for NRI? 90% of the time it's the broker
PST on tobacco tax, alcohol mark ups & fees, Que alcohol specific tax are are payable at the time of import on casual goods destined for what type of use? Individual or personal use
PST is ONLY collected on goods that are subject to GST, unless what? A province has specifically exempted the good from PST
PST is NOT collected at the time of importation on commercial goods True
Created by: susancurtis
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