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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
& S% I: q3 @3 Z2 N上面说 非商业 进口 可以免关税?
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% j4 K) Q$ U7 n$ q5 z* K* `# J" H8 z( U3 k2 Y" K

( W. }4 ~+ N3 V% o6 U! P- ^! ohttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf# z. B, I. u# M# z

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Refund Requests
) g6 g  \) b1 L+ o2 I74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who( J( y$ @1 g# l& r( m2 S9 t6 P
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part7 v' d# u$ D" `. E) w% P
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
5 X7 e2 T8 z; V0 h( X0 \5 p8 d(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to4 b9 U9 z4 t, L- h
Canada to the time of release;: O8 y% Z* H0 [( M4 Y+ r: G7 p  G
(b) the quantity released is less than the quantity in respect of which duties were paid;9 a$ Y" D1 Z2 ~2 `- p
(c) they are of a quality inferior to that in respect of which duties were paid;
1 q+ Y2 }( {! N; N(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
4 u- ]7 y$ |, ~4 W  A& [* itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
# d0 m/ f: v% Scase may be, was made in respect of those goods at the time they were accounted for under  I/ {4 i! U+ M3 o
subsection 32(1), (3) or (5);
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2 G3 ]0 O3 a! G# o(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
/ s1 S1 R( \6 O# V' ?; R- d8 Ipreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
! i; Y# w1 p7 u8 w. B3 C+ T' |accounted for under subsection 32(1), (3) or (5);6 i2 r: W) ~5 j, W- `
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
1 ?# o( J5 n2 L' Q* B3 X(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
/ U, X8 Q( Z" P+ q# S$ jof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
% D2 l8 I' H& N8 M4 ivalue for duty in respect of the goods and the determination has not been the subject of a decision' `; `$ |6 {# n' L( U
under any of sections 59 to 61;
0 c7 Q5 ^3 k# _1 a* O(f) [not applicable to non-commercial goods];6 g: X6 h8 Q9 o8 ]8 T9 f
(g) the duties were overpaid or paid in error for any reason that may be prescribed.0 e, M2 b+ D: `
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based' s9 q2 ?* N+ n! e
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: L% i, g# D2 v. M! Q0 d. @2 ythis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 `$ \6 F; H; b. y$ H(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim2 D8 f6 v! G3 {2 }2 X0 ~* v. u
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
! k7 p$ ~7 M' i1 ]( Q" u. w(3) No refund shall be granted under subsection (1) in respect of a claim unless
7 a0 a9 a1 n3 W2 ~4 Q5 g3 L(a) the person making the claim affords an officer reasonable opportunity to examine the goods in/ f3 h7 v$ H9 N5 x, Y
respect of which the claim is made or otherwise verify the reason for the claim; and
/ I8 V% o6 l/ x(b) an application for the refund, including such evidence in support of the application as may be
) D' p7 z1 p5 {2 Y  X' x1 r3 nprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
- L/ J5 {" n2 N5 _  C# Mprescribed information within' b' x" A0 w( b* D* r* x
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 i% @6 w9 q% @, ~1 f# a* T
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and) P% O7 p7 A( E% G' z
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* k5 o, B! G1 I  j) U: l
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.: _- S3 T( |: E  P: s+ v% {
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. m  m' T# _9 I; h0 l7 C  othis Act as if it were a re-determination under paragraph 59(1)(a) if  n0 ?1 A" |0 V% Y, u6 V2 d% r
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
, ^! n1 Y( s, N* ^because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not5 Y3 Z' j: ~9 F, p9 b
eligible for preferential tariff treatment under a free trade agreement; or
1 C. z% J2 s7 F4 v& m(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
. W5 i5 E4 k3 t; X  g' D3 mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is1 I8 [/ e8 W% p- {- k3 V
incorrect.
/ k- P- n; u" b' l! ~(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ C  V+ V- [# p$ ^& `. Q; Z(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 F. `4 Q- h- F) R: N
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" b( z6 u" x$ O
were a re-determination under this Act of origin, tariff classification or value for duty.
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  ]# `) s) [2 m3 Z这到底是说可以还是不可以啊?
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