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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
- D; r9 b1 W! U. c0 l9 i上面说 非商业 进口 可以免关税?
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* K3 T/ y9 o+ Y4 h- ]' N8 @) G% F$ `# P8 M. a  e
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf, |1 D* Z4 t2 y# q" n/ G

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6 M( _8 W$ ~) T( X% U- |Refund Requests
) ^+ e! I/ S9 u6 \& g' s/ [74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who  M& [7 b7 s8 s
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part7 p' u1 _$ h2 P: u; Q6 c& i
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if* B; w. \1 w; N
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ {( B, U" ?( T* h4 J! u
Canada to the time of release;$ B3 U* m/ t! L$ _
(b) the quantity released is less than the quantity in respect of which duties were paid;% T6 r" x. g- [4 t
(c) they are of a quality inferior to that in respect of which duties were paid;
, T; n+ R3 Q1 [+ H; A  g9 ?' e4 G(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( N  P' E; @; D( D9 O0 W3 _
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
: A  x! r. a0 \3 Q3 Tcase may be, was made in respect of those goods at the time they were accounted for under
$ K/ g, o+ F0 t) k  b9 psubsection 32(1), (3) or (5);1 g. D0 _# M8 G/ z) g  Q
3+ F' K) H+ G; Z6 X* U6 Q
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for0 }5 G$ u7 X$ w9 V
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
! G0 S& t  F) p* p/ }accounted for under subsection 32(1), (3) or (5);
8 K/ F$ \+ V+ p# |4 N. t! ]7 a$ _4 G(d) the calculation of duties owing was based on a clerical, typographical or similar error;
+ X. w: ]% h# P(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
6 U. X8 g$ |  D( A# G( X1 {of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or) o( V% `5 o+ v/ U
value for duty in respect of the goods and the determination has not been the subject of a decision/ J5 [% D; w8 n& n3 N. r
under any of sections 59 to 61;
6 ?7 D# K: V' j: L8 ?# r2 I' K(f) [not applicable to non-commercial goods];+ V) @/ K) e0 p2 {5 s# w/ o7 u: D2 r* _
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
+ {6 L7 M1 `+ V  M! z(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
+ I" ^! B6 \  E) l" ]% w( i3 E% z0 ron tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of0 F5 X7 G" O( n) t
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).( F5 D+ B$ v, i: c* q) T/ ^
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
. ?1 c/ [- w3 x. w1 Qunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
. T: r! d3 J& y% j& r6 ^. Z$ C(3) No refund shall be granted under subsection (1) in respect of a claim unless: W) j, \7 [& i6 o
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
! D: X9 P0 m* d, C, ~* L/ z! jrespect of which the claim is made or otherwise verify the reason for the claim; and* ?# N8 S+ W5 p# D+ S# @
(b) an application for the refund, including such evidence in support of the application as may be1 B: @$ O8 r$ z# a% ?( b& y" e
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the2 T  d- _8 H8 v+ M1 l7 `
prescribed information within2 G2 r' `3 @7 E* K) L% w
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
; M2 }" t; r6 V$ ?or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
+ J0 T, N$ D% U(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
9 w+ H. ]( U  ~) {+ K/ P  L' f# Iwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.- o/ c5 y' e# ^1 u% z% v5 L7 h2 f
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. N; ~0 f0 @" a/ uthis Act as if it were a re-determination under paragraph 59(1)(a) if$ J/ X' Z4 x. j: ~" x* a9 C8 E) ]
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
5 s6 Y' ^* R- {' i. b5 P. jbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
" M/ D8 S2 j/ L- T0 v  `+ G# Neligible for preferential tariff treatment under a free trade agreement; or
' b4 W$ `: x5 c' U8 k* v/ f(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
7 o* i2 l2 E' B; y2 K% Obecause the origin, tariff classification or value for duty of the goods as claimed in the application is" e8 c3 ~' V7 c& Q/ n
incorrect.; @2 u8 B7 S5 c9 F& l8 j
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),9 k; H( {' X) H6 B4 N2 U& I
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
7 d8 E$ \! |- `/ p6 {0 ?other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 X, u5 U, |7 V: z5 E% ^' R3 Hwere a re-determination under this Act of origin, tariff classification or value for duty.0 p2 H7 ~1 Z+ b6 m
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这到底是说可以还是不可以啊?
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