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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
1 }4 U0 p! F! g0 I5 j2 [上面说 非商业 进口 可以免关税?
7 Q& g6 O. U, V
8 \: p$ v& z  h, u% W1 f: e5 I, \% q8 [8 w! y* C; K

( K# C5 n$ j" thttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf% \: e/ ]% O$ U; f4 ]
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; h$ v" h1 p& S8 pRefund Requests  R( n5 s$ a5 X2 H
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 I& B9 `% M+ f$ \2 U9 C
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
3 N; {' Z, ?! aof those duties, and the Minister may grant to that person a refund of all or part of those duties, if- P$ M* O, Z8 w6 \; v  @' B
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
( Q* k5 k2 q  r7 W' `Canada to the time of release;+ Q) j" |5 E( c& ]3 Y4 n
(b) the quantity released is less than the quantity in respect of which duties were paid;
, \/ s& M$ L  k& l! p# w! y(c) they are of a quality inferior to that in respect of which duties were paid;9 e9 C) b2 e4 d7 `3 W
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
1 i. Y* U9 ?. E9 d) Stariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the+ `  Z8 M9 r9 b0 j& E
case may be, was made in respect of those goods at the time they were accounted for under
5 R" T6 e( U3 Z* _+ esubsection 32(1), (3) or (5);
2 m7 ?# h3 S! |, p; d% i( g  P32 ^) A5 @$ `: r: H; D
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
  q2 f$ Z; i: G/ E8 dpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ S! k3 C- N2 @9 i% Z: `+ raccounted for under subsection 32(1), (3) or (5);
- z2 G) s/ C. P% ^(d) the calculation of duties owing was based on a clerical, typographical or similar error;* t+ U% w% |3 {( j; S6 Y& [
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
% C/ p0 R$ a3 z4 t" ~" kof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
4 n) e0 d& y7 ^% J1 D/ Kvalue for duty in respect of the goods and the determination has not been the subject of a decision
  C4 L' n- Q. j0 Eunder any of sections 59 to 61;
9 d6 p0 w  R5 x% \& L(f) [not applicable to non-commercial goods];
; D9 u* S+ a! j(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 ~! S$ M3 |7 W" }( `, L, B(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based! M" g* p4 z/ |2 G! n' z6 _. |
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
& G0 @5 j3 v- W9 \this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
2 h* J0 A1 G5 g* b+ P/ L5 m3 b7 P+ X5 `(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
6 |8 b% K+ m! Cunless written notice of the claim and the reason for it is given to an officer within the prescribed time.* k  L4 o4 t6 X3 b
(3) No refund shall be granted under subsection (1) in respect of a claim unless
" a; l" _: |  i8 W3 n& F(a) the person making the claim affords an officer reasonable opportunity to examine the goods in$ k( g+ N$ w( N* K- H
respect of which the claim is made or otherwise verify the reason for the claim; and
1 K+ X% a! X+ f: m0 n(b) an application for the refund, including such evidence in support of the application as may be
! n) a2 E, R* e) c' L# `0 y* I5 C- Iprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the* ^: D9 }9 Q1 O2 I; P- x
prescribed information within
) r7 ~1 c2 C3 {- G0 w1 j* i(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ C5 \- c6 a7 |8 zor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 [- b7 p$ Z9 v/ o8 ]
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
3 C& |4 C; S9 n$ Hwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
3 r. M) A. M8 X(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
0 B4 j* I' \+ X4 o" Qthis Act as if it were a re-determination under paragraph 59(1)(a) if
# C0 ?' O* S+ k3 w5 |( l(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied* F1 O/ ~3 R& F
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
5 R# i" {' u9 m; k. `, P+ J, r5 Peligible for preferential tariff treatment under a free trade agreement; or
" ~+ W, n" i# x" d, B4 T1 n(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
, u# h+ d. ~$ f; u7 hbecause the origin, tariff classification or value for duty of the goods as claimed in the application is$ ~* R: N' A) u- D2 W
incorrect.: z6 ^2 m% g5 m- G8 \3 W
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),5 |) x) p2 H! b4 J% U
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground8 o! i  n; W- }$ p2 G" l- p
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- @4 P# z1 D' |0 d: @! x3 k! jwere a re-determination under this Act of origin, tariff classification or value for duty." E& f& e+ ~4 Q6 h0 }4 s! d
  Z% D$ h  T5 _$ K9 \
这到底是说可以还是不可以啊?
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