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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
. v: y; l/ l5 ~+ i上面说 非商业 进口 可以免关税?; T7 l: e8 D$ {8 ^4 p9 J0 ]
* y+ \% X  Y5 {' p

% `/ Q+ f$ C* A1 }) |, h
  t' l& u! p( w" K9 X6 J
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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1 n6 c1 C- A4 |) [. |Refund Requests, [& e4 f9 K, O9 t2 k
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
7 w/ A  K) X& g- Z* |paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
6 w$ f+ a$ B6 o; I$ y  I- Tof those duties, and the Minister may grant to that person a refund of all or part of those duties, if2 K0 ]9 N. F6 K" G9 e9 A% \
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
0 S* j; m5 {+ [  C  PCanada to the time of release;! p4 Q3 b  C+ B
(b) the quantity released is less than the quantity in respect of which duties were paid;' X5 ~3 W: }4 I; N& T  ?' }
(c) they are of a quality inferior to that in respect of which duties were paid;
' H0 R+ s" i6 l; E: M% P0 f/ c(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& ~. ^% V" L+ r7 q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) s- x4 b' [! K5 E4 C. V0 Zcase may be, was made in respect of those goods at the time they were accounted for under0 f' p5 N3 l' y) v
subsection 32(1), (3) or (5);
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. r" I. O1 |7 K(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
8 ]4 K7 p, n1 @) G1 X0 wpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are1 l* h, _, t+ a0 j4 n" t8 n/ S
accounted for under subsection 32(1), (3) or (5);. U# f. a" T7 \) e. C0 e5 k
(d) the calculation of duties owing was based on a clerical, typographical or similar error;/ F0 l% ]6 C4 U+ [" e, T! e( U  J
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
5 j, I' Z. j, {% ^) r, kof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: o' `2 L! @- ~value for duty in respect of the goods and the determination has not been the subject of a decision
/ P5 d+ w  z# ounder any of sections 59 to 61;6 c8 ]% U: d3 t* @
(f) [not applicable to non-commercial goods];
" ?2 Y0 Y8 m. [" A(g) the duties were overpaid or paid in error for any reason that may be prescribed." w5 n1 w5 K* z5 A: B( `( h
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
% j1 t6 c: x" U  d4 ]2 N, kon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; I* i/ Z, L% `# @& x
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ a% n! a$ V, Y2 ]
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 O. ]: }+ D" c- b- eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
, N! ^, j2 P* R+ D% e! t6 L(3) No refund shall be granted under subsection (1) in respect of a claim unless
8 G! Q, I9 @& P(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
. o# u2 @/ F: B, brespect of which the claim is made or otherwise verify the reason for the claim; and& _* D# a) ^( q7 e8 y* P
(b) an application for the refund, including such evidence in support of the application as may be9 K" u3 R) v5 p9 l" p& Y+ q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
7 p: ~! W3 U) {7 x' rprescribed information within
1 g% r% E1 _, ](i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
6 i: V/ \. N* f: o6 Xor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and- h2 `! u9 t* d# X
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
$ |9 M" T* {& {$ dwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ P" X) o: O: i7 b
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; M4 C+ ]* p4 X) f
this Act as if it were a re-determination under paragraph 59(1)(a) if
* |! J& X. {+ H. N6 s(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied" q  h" f" G  v; y' U% z2 B
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not5 F8 Y. H$ t3 `7 K" x0 E
eligible for preferential tariff treatment under a free trade agreement; or
& p8 l0 k: t, a- r& h* s1 r(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
  I8 m: ^0 n" Ubecause the origin, tariff classification or value for duty of the goods as claimed in the application is$ y0 m" l! ~1 p6 Q1 e, q
incorrect.1 y) E, D6 D: X& R% J6 l
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),5 b6 d* C6 ?$ J& f1 r
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
1 K/ v* D; [: R9 qother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it: z9 O/ t; t8 W5 Y# k& p: |$ x
were a re-determination under this Act of origin, tariff classification or value for duty.
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) x; S' ]: f8 e1 J$ L# f这到底是说可以还是不可以啊?
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