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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, W2 ]- e3 \7 z1 ~  J
上面说 非商业 进口 可以免关税?$ Q' ]1 q" @2 _& B8 h* e$ r

2 A; x6 D0 K* ~2 x
# G! K$ D7 y& P  z9 J0 U

3 k! {: l; a/ b2 ~4 M6 Thttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf8 z& I7 ~* ]6 Y& Y
# z) }  n7 T5 p  I% E  L8 h

  t) P! ~' |( X+ {) m% SRefund Requests# Z- I9 z8 z2 B* _5 n! s
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
4 Q6 p& {3 w: f7 I- L9 g7 D4 Xpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part+ u8 W% u1 H% l
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if& U- m* a+ [! _% [% @# [0 \
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
3 [6 J% z" N/ \# ?: [8 {Canada to the time of release;" v7 h2 y5 d# E8 P. j" O
(b) the quantity released is less than the quantity in respect of which duties were paid;& w" w, Q/ b' C- y: {, }# V
(c) they are of a quality inferior to that in respect of which duties were paid;9 ^$ i  B3 p# G; ^' l. y+ Y
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential3 v# E9 r% Q: E; j8 x4 }
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ T6 x9 f- P$ f
case may be, was made in respect of those goods at the time they were accounted for under
5 N4 R/ X# {* V  hsubsection 32(1), (3) or (5);
: o9 I1 w8 {; |6 i1 F$ f32 v/ O* d4 u% p1 r* y8 e
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for6 S" C6 Z) V( m. e, G5 W
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; O3 z" b+ Y- w2 n  w* C/ |. kaccounted for under subsection 32(1), (3) or (5);5 d  T8 o2 R; Z1 ?) U8 L' n
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
- c, z3 x) ^- V9 M  T' E. `(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 V) O  s$ J5 V0 J
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: n& H, Y# m$ @% `- u! w- Gvalue for duty in respect of the goods and the determination has not been the subject of a decision
7 _8 m6 P8 N. v$ kunder any of sections 59 to 61;5 n8 K" b! [1 U* p, h8 u
(f) [not applicable to non-commercial goods];
4 i5 p9 @2 N$ A  H4 S(g) the duties were overpaid or paid in error for any reason that may be prescribed.
+ n2 z: l! ?* v* y(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based6 ^* x( f$ X3 k$ n% c# w7 W
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
% K, k' |/ k- l1 F' xthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 [# m! s1 ^! w  g, n(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# r+ ^& ?4 k7 \
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
) g1 ^1 A/ W/ C( ?7 T$ U(3) No refund shall be granted under subsection (1) in respect of a claim unless
4 B, u! _* Q+ U(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
2 N$ \7 o. L: i- i( V7 h/ b$ M# Xrespect of which the claim is made or otherwise verify the reason for the claim; and
5 @8 X- h8 T; V& V1 a7 r(b) an application for the refund, including such evidence in support of the application as may be
, {7 b; W4 M5 W( A% H7 u9 Gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
& A- }" s# a0 x3 y1 yprescribed information within
7 O% d* _( E' N" K4 a0 ]4 V(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
% o# U1 C% z/ Q; A) D$ P' For (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
/ E6 w/ R- }, O6 a1 w. y8 w6 d(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods. K  A7 ^' r7 a/ P
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.. h& ~) d+ q* z2 t
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 P$ C2 z5 v! M# s% i; u- K6 G
this Act as if it were a re-determination under paragraph 59(1)(a) if
1 s) S- t0 n  x' y: P8 ](a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; C$ d; v* V9 U6 }; @  M4 s' |
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 C3 K7 x- i5 teligible for preferential tariff treatment under a free trade agreement; or" R% D0 [# x6 k& ^
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
, {. W3 G, O, r% c" y( g2 ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is+ I4 m4 O7 [9 ]: N8 [' j7 n7 d
incorrect.
* E6 j+ F7 [  m* E/ I2 `4 `(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
1 T, h5 m8 ^, I4 q. ?, p(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground7 d6 L# m# Z# q( b
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 n5 g* |( T* o* A1 X8 T+ ?were a re-determination under this Act of origin, tariff classification or value for duty.; R3 u6 R0 h& m% C- t* o' @

4 F. ?* V. B1 q1 C' n" N这到底是说可以还是不可以啊?
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