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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# U6 W; d& h; Y) D  f2 s7 k
上面说 非商业 进口 可以免关税?
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0 F; {  z" o. [2 F' Q% R3 [# J, [: s" q/ T
, N% C& M) ?  B2 s* h7 C, q5 I% k# F
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf4 @3 m! N7 V- w$ x
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Refund Requests- L7 ?. T; {8 q8 j9 I0 T
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
7 c2 R+ G3 G/ e9 ~paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( t! O; j* T4 |% [# F- B
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if4 y& p: D' q& L3 o# Q& g
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to, @8 ~% V4 y( f# r- B
Canada to the time of release;
& O8 e3 R9 V) L5 H+ L(b) the quantity released is less than the quantity in respect of which duties were paid;1 a5 M/ p4 _. s$ R  d/ v9 d/ I4 u/ K
(c) they are of a quality inferior to that in respect of which duties were paid;# {: p. O2 J$ M, z
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( t% R5 V' j0 m7 J. `
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ Z+ E8 s; f# V' Z
case may be, was made in respect of those goods at the time they were accounted for under$ [# ?+ l7 ?/ ~/ @9 P% O% |' J
subsection 32(1), (3) or (5);8 Y! D1 D* \& c  N- R
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for2 s" \; A% z  z
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
5 f9 v: ?7 L/ E# {7 x5 [accounted for under subsection 32(1), (3) or (5);
4 F  R' e+ N, x/ \& ?(d) the calculation of duties owing was based on a clerical, typographical or similar error;  P4 C! ?* B$ R5 I. s9 H9 x1 U" P
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
, U& ?$ V' ]6 ]+ x3 g7 l2 U  Gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' n/ \: E# m. J* Z! v5 ]6 A% l8 vvalue for duty in respect of the goods and the determination has not been the subject of a decision
" g3 y9 l% q" z0 u/ B$ gunder any of sections 59 to 61;' G2 H" e  d) b( g/ S' E
(f) [not applicable to non-commercial goods];
7 g3 Q) a( u  J& x3 L/ d, C(g) the duties were overpaid or paid in error for any reason that may be prescribed.
3 Y& B6 q. A2 J: A, r# k5 r(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
4 A: ~2 k4 U! E7 [% b& I# p) pon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of: X' v2 Y( S/ r8 o8 j
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).% r$ s4 G, h' V: x
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
" P. `( `! q  ?7 L- \unless written notice of the claim and the reason for it is given to an officer within the prescribed time.' a1 R0 P  c" i3 P7 G- _3 c; d
(3) No refund shall be granted under subsection (1) in respect of a claim unless
3 I3 H$ v: A8 w  Q5 j& P(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% O4 \! g/ o1 p) h* E! r; B
respect of which the claim is made or otherwise verify the reason for the claim; and
, j5 [8 ~9 i' V: V4 u- T(b) an application for the refund, including such evidence in support of the application as may be: v, l. j2 }# }0 c6 N
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
1 P/ D9 U$ N2 X, Zprescribed information within2 `, \4 h$ i0 s  o
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
9 e/ d# ?1 v( lor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and; M. q. ^9 E" T  f/ o# S+ s- q
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& A$ Y+ _* |+ E# U3 [, h0 }' {
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.1 c9 t, W7 I( j: R, [
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
* ~! B* A6 _. h+ Ithis Act as if it were a re-determination under paragraph 59(1)(a) if
$ y9 h2 J) V1 t, j(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
6 E# m- l9 Q1 O, T1 ]* lbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not. \# h2 c1 d( ^0 K- n3 U" h3 b
eligible for preferential tariff treatment under a free trade agreement; or
4 @' i' r) C8 G( F(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied: s' O: W7 n: `4 T; W6 o
because the origin, tariff classification or value for duty of the goods as claimed in the application is3 ?! N/ @0 b+ @9 M
incorrect.& H. h# w" N4 h: r4 p5 b
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),+ c; Y, x! G  ~2 A4 Z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground8 A- U# N" ~$ p2 [. t/ W, [% c
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
& j6 w' I) h5 E* W& A" iwere a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊?
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