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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
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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
; P3 b! b3 S  P3 \上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests8 M0 h7 t2 ?+ m' X8 o4 E3 y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who8 s# ?7 N( D) T2 {; W+ S$ ?! C
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
& R# q) V+ ?1 r. M9 A2 O* Fof those duties, and the Minister may grant to that person a refund of all or part of those duties, if  _. C5 Y( ~& U/ a/ M/ u
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
" Z" E! `. Y5 {% ~: z' gCanada to the time of release;
. ~0 S1 m9 }- F4 s6 X(b) the quantity released is less than the quantity in respect of which duties were paid;' ^8 b9 {+ D4 ^5 @. p0 }1 K5 v
(c) they are of a quality inferior to that in respect of which duties were paid;) }6 j( s  A& L: g" E/ [
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential4 M9 ~7 [" p- W1 S7 u, J2 }( a
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
0 D% w' e- z' b. ^/ \! I. @case may be, was made in respect of those goods at the time they were accounted for under$ r: J3 [. E9 K& }0 G3 Z
subsection 32(1), (3) or (5);" o4 I4 S- d7 q
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+ r+ [3 g& m, Q- q& I+ y(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for) R* a8 v& \* G# K, y9 q* j
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
' ~1 `+ I9 g1 H/ o8 z  naccounted for under subsection 32(1), (3) or (5);
1 A3 \& K1 L. c5 D: Z(d) the calculation of duties owing was based on a clerical, typographical or similar error;4 u3 C) K7 A; Z* }2 q
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)/ s) c0 D- \2 h+ @
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or! d1 E8 L4 X& y5 O% z! g. G
value for duty in respect of the goods and the determination has not been the subject of a decision7 K. j& M/ ^" u/ a* y) U
under any of sections 59 to 61;8 |( b$ a+ C7 f. O
(f) [not applicable to non-commercial goods];' e' ]$ x1 a- h. C
(g) the duties were overpaid or paid in error for any reason that may be prescribed.) u$ _6 @( a: N' I
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based1 Z. S6 ~/ f9 I. B: g' n6 ?8 [" V
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of! h* y; H6 R& `; \
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
+ A( K0 ~+ K/ L8 Z+ G, L(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: `- T: d! U9 V7 e. ?unless written notice of the claim and the reason for it is given to an officer within the prescribed time.& U: L8 l; I  d$ k5 R
(3) No refund shall be granted under subsection (1) in respect of a claim unless5 J8 R2 d5 E, K0 p3 a/ @
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in8 ^% {2 H- [2 e2 z2 T1 t
respect of which the claim is made or otherwise verify the reason for the claim; and
  X0 @* K" v3 i  _+ ?(b) an application for the refund, including such evidence in support of the application as may be
" \1 g( o' U) F0 Sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the$ ?& n  K5 ]: v- h* r
prescribed information within
; v( \# _3 p- q2 @: {0 Q(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
' `% `) Z  ~6 w' Q6 @! D- Q7 Cor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and" U# y' T3 I" O+ S" _
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods9 h& m, d& J% u
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 v. Q+ g8 g5 c8 d- K# E6 p
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
6 M) l/ J; g9 Kthis Act as if it were a re-determination under paragraph 59(1)(a) if
3 M4 j6 \9 W, n2 C! L4 D/ M6 j( t4 d( t(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
  y1 A9 V* m* x% R9 jbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
0 C8 v- Z! x1 s& d; w. G! leligible for preferential tariff treatment under a free trade agreement; or# E1 `: [& Z! T: U( k  `
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied) d6 a0 v" L9 I, U) u
because the origin, tariff classification or value for duty of the goods as claimed in the application is' n5 B3 P9 ?5 k/ ^- [' b
incorrect.' j. V/ R$ L% g# M% g7 d
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
5 Z$ }5 n4 M! U  s+ S8 {# i(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
# Y7 z7 v: |# [% ~5 O7 Qother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) g' _8 K/ g( a+ _5 Y
were a re-determination under this Act of origin, tariff classification or value for duty.9 R; ]" u, x* F4 y; g
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