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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 Importations3 s, o; `. s: H( r
上面说 非商业 进口 可以免关税?- g9 I+ I$ f9 g
8 k( c) |% g/ z  H- I
% \$ _% {# l+ r) ~- V
; I! j" z6 ]3 \0 r4 l4 @) t4 e8 Q6 z
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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% ~6 t+ {9 U% z" n* B9 ^. hRefund Requests4 j' ~  j- ^% b% y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who: c) E& k8 V. b$ B/ G8 y
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part/ b% g) c! G2 ]- ~2 j
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if# T* `* U, W" n  q' O
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to0 U+ ?9 U2 ^2 U/ J/ R- x1 h0 d  D
Canada to the time of release;
# r2 j! s' o8 G+ k(b) the quantity released is less than the quantity in respect of which duties were paid;
2 s, O* f  A1 a+ A8 W2 t(c) they are of a quality inferior to that in respect of which duties were paid;' r0 j5 h, J; `" }9 T1 a: i# `- w. T
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential# o, ]1 ^2 T1 y% [5 e
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 u# a1 a. B" d+ _  M  rcase may be, was made in respect of those goods at the time they were accounted for under
3 e; y$ Q7 ]& i' a' \' t' t$ Zsubsection 32(1), (3) or (5);
/ y& d5 ~) ]) U& E, }3
8 x0 l0 Z( |1 P7 h& N(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 q0 b, Z+ V  G
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) b/ ]; `0 k9 i0 f0 M9 N! j1 \accounted for under subsection 32(1), (3) or (5);
( y8 ~- e3 I' S5 h' x(d) the calculation of duties owing was based on a clerical, typographical or similar error;
9 k1 ~0 Z/ R2 e/ ]% O(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
( o; u% o9 G( P" W' Zof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
$ T5 W1 |' _  H# s8 o8 S: V. r# g0 ovalue for duty in respect of the goods and the determination has not been the subject of a decision  d: B) n9 t, E. A' b
under any of sections 59 to 61;
: b: a6 L8 t2 E2 z7 B! k(f) [not applicable to non-commercial goods];, b2 |7 Z8 b) W( B" |3 E
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
3 L. K. Y; d$ x0 y' E(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
4 F  k2 x8 o0 |2 p# gon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of- E0 r+ v% e4 S% _$ ?2 H
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
1 }& T9 D& G" a, L  z(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
( J6 K1 O. p3 `1 Z  cunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
# N; F9 y$ o" d# x  |/ I7 q% r! o! z(3) No refund shall be granted under subsection (1) in respect of a claim unless
* ~' p( }% G" ](a) the person making the claim affords an officer reasonable opportunity to examine the goods in+ ?* z) o4 D' s6 M
respect of which the claim is made or otherwise verify the reason for the claim; and
- X0 e$ G% l+ p(b) an application for the refund, including such evidence in support of the application as may be
" U  a6 c9 I9 p* e9 |6 Eprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: Z8 |7 c; a+ `+ _6 s; fprescribed information within# H# B9 {& [; V+ m. {5 }
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
) F/ I' s# k3 u6 o, U; [4 n1 @or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* ?* |# c/ F$ V(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
6 s2 i; A% I: a8 w5 }: Gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.9 j0 {0 j+ g. ?6 O% E
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! z) _7 c! U* X: Y0 P2 `7 m1 c8 v
this Act as if it were a re-determination under paragraph 59(1)(a) if1 X2 o) X1 c* L9 T( |9 l& u. R/ s; t
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ b# J0 T5 P) p$ ?7 k4 R
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
9 u2 h% V! A6 U: u5 A+ {# `, ^# Leligible for preferential tariff treatment under a free trade agreement; or1 Z- W; e  G3 d
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
# n: p5 o$ K4 q! ubecause the origin, tariff classification or value for duty of the goods as claimed in the application is
  `3 A( e( l' z! A4 B0 K% Y" Sincorrect.
8 T# k- ^9 R+ B9 \: b+ t(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),4 W# N0 U  K" Y8 U3 D# C0 W
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" A, {$ R! o# k9 x; Tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
  j& b3 ]0 ]8 Z; n8 Z9 ^" ?were a re-determination under this Act of origin, tariff classification or value for duty.
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