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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& Q& j/ u5 ~' ]& b2 z% S
上面说 非商业 进口 可以免关税?" ~# F# B  t& H1 W. d. \

. k" D' {8 \1 K1 O" s3 t. y" i6 `+ @4 L6 U
$ H, y$ R. n0 k0 ]- v
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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# k( _! z4 E$ [: B( ZRefund Requests1 {% N) C& u  X) Z) H5 d, L6 _
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* M, j! m% R  ]2 |4 E. P$ Ypaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
3 `9 r0 e! A4 ^of those duties, and the Minister may grant to that person a refund of all or part of those duties, if, ]5 [  z% T9 p3 N3 J, h
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) l5 Y2 L6 _3 ?! R5 q. {& @Canada to the time of release;
% B6 T+ ^2 _$ n* V0 ]0 `(b) the quantity released is less than the quantity in respect of which duties were paid;
) I' ]" L* V  Y) Z(c) they are of a quality inferior to that in respect of which duties were paid;- h( {! x6 H. {5 O7 u+ F, l
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, Y" H7 q& t5 h- B) U- D2 ^, b9 \tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
/ e: u9 _; p1 _; y7 Tcase may be, was made in respect of those goods at the time they were accounted for under. \' L' W) n, F+ `
subsection 32(1), (3) or (5);- a% v5 Y% t9 C- {, A* R- }
3* q. D2 @  p' b5 k; }0 y$ I; H
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. I& K8 W9 u4 x, j0 t7 }& Y
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
. j3 r9 V' W( f2 }/ caccounted for under subsection 32(1), (3) or (5);7 g# ~0 K1 ]# Q7 F$ K* [8 r9 ]! r
(d) the calculation of duties owing was based on a clerical, typographical or similar error;4 C6 g7 P( g& T9 o3 P/ q5 x/ Z
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
, s* O# v& G. }! x% s0 N4 r: Gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 i) }& ^  |2 y8 B$ Y; |value for duty in respect of the goods and the determination has not been the subject of a decision/ S2 K' ?# {+ o
under any of sections 59 to 61;; d- V6 ~. y- T, C6 l1 t8 U' H
(f) [not applicable to non-commercial goods];8 |! M( m8 D2 w3 H  ~$ P3 i
(g) the duties were overpaid or paid in error for any reason that may be prescribed.6 J+ P+ `3 S4 D7 j2 m6 `& E
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: k5 X/ m6 h9 S. o% z
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
5 ^8 v% k1 p, H7 O: q, wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
' n) r0 `/ h+ c0 M( ?, ?& u(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
. s$ q" ~7 u5 x( {unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
, ^' L$ J, j# I( X9 f(3) No refund shall be granted under subsection (1) in respect of a claim unless8 n# v/ W/ U" f
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( C( ]2 M- i( d" }9 r5 s' e! Qrespect of which the claim is made or otherwise verify the reason for the claim; and' {1 y% a- L" `" P+ C2 N
(b) an application for the refund, including such evidence in support of the application as may be
0 s) I4 y4 w$ k% S* t' S4 u# I8 cprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the3 V; H2 C! [- _$ d, j
prescribed information within7 U5 v" o4 H( x1 [
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
  a! I' c, U' @+ i& Z! n0 c. Mor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
" t9 F$ Z; c+ B9 c1 j$ y(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
0 K- v# a8 d# p: L; K* z. r$ |/ Q0 `/ rwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.. t. K$ r2 @, p" F' ^
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
; ^; n* O$ n& n1 M! R' L1 wthis Act as if it were a re-determination under paragraph 59(1)(a) if, F/ h8 a! H6 k% y# A4 Z
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& W$ w1 `- a3 Y7 R$ a3 z6 Z8 Sbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 K3 p1 `% @0 p+ w) K+ |' Q5 J& Heligible for preferential tariff treatment under a free trade agreement; or: C! l9 Z$ B: [$ U! F1 `
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied, J. p: Y* C7 `, o' I0 {" t
because the origin, tariff classification or value for duty of the goods as claimed in the application is
. R: @/ Y+ C9 G- iincorrect.
# K7 m( J! B( K8 u8 \& X(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
7 S1 @8 s6 a% {' I. i8 [9 A( O( I. T(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
/ i  y" ?  y8 o! ~$ I* pother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
# c5 Z% d7 D# q  Hwere a re-determination under this Act of origin, tariff classification or value for duty.
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0 D. ], m6 V  N  n& m这到底是说可以还是不可以啊?
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