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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
6 K2 H( O$ a0 L. @4 |上面说 非商业 进口 可以免关税?
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2 j) f" O2 Y: h) w6 Y3 m( y" n% Vhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
( U9 _1 h4 y' {4 Q2 {74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who* L( `! R. ]; s: _, ?3 R& w4 m
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 [* d3 Z4 D% K+ c$ xof those duties, and the Minister may grant to that person a refund of all or part of those duties, if4 L* a' k  a8 u
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
' E) _+ a0 Q* Q$ PCanada to the time of release;
. P" D# q4 U! W9 @$ \# a4 Y1 i(b) the quantity released is less than the quantity in respect of which duties were paid;8 c0 ~# R8 _* |, C  Y# H1 ~, `
(c) they are of a quality inferior to that in respect of which duties were paid;& ~7 A  B: v- |& b) G/ g" F7 I6 T
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" D9 X1 L" M! E4 m9 ~2 k5 htariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the3 u' d5 L$ h1 P
case may be, was made in respect of those goods at the time they were accounted for under
8 O6 r, g$ x8 j8 g/ usubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 |* m& z' f4 i$ Ypreferential tariff treatment under CIFTA was made in respect of those goods at the time they are: W: J) k: y' C+ B
accounted for under subsection 32(1), (3) or (5);
. y" E4 ~/ e* |  K. e- U$ W% J! n5 g(d) the calculation of duties owing was based on a clerical, typographical or similar error;, m8 M. f  E; O- L3 `
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
- ^! Q) [' W6 ?( Aof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: d6 M7 S% p. {' S# Tvalue for duty in respect of the goods and the determination has not been the subject of a decision
, t4 A) D! _8 [+ ^under any of sections 59 to 61;6 ]2 y8 K  B" J# N& o" B7 X
(f) [not applicable to non-commercial goods];3 m# r( A" G/ Z
(g) the duties were overpaid or paid in error for any reason that may be prescribed.( ^' ]3 \( D: o2 q7 C0 H5 A0 t* k5 [
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
* y+ B* d# g. l5 Zon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of6 K0 A  y, f- \1 _2 d
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
- X. B0 b1 \6 x2 D. g(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
! y3 Q( N+ V% `; z) sunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 x5 l% w# r$ I- W(3) No refund shall be granted under subsection (1) in respect of a claim unless5 T: k0 F5 U6 l2 i2 n+ q. C; C
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
; d6 z$ [( U/ W( G, {respect of which the claim is made or otherwise verify the reason for the claim; and
. x4 e' e* ]3 y7 K7 s# i(b) an application for the refund, including such evidence in support of the application as may be
& o( G$ a; W' Q) |prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
! B5 b2 I$ v, h+ Tprescribed information within# B' R9 q" y- v( f
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 A& Y- N' n! M9 X9 mor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
$ K3 i) _, w  \' i(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
+ m6 |- m2 Q% E2 n" q; Q3 {, swere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.% i& v; ^2 ?: w% W- M2 N% e. |, p
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
3 f  J4 K9 L- r# U$ U* }this Act as if it were a re-determination under paragraph 59(1)(a) if
3 g- x' g  z' X) G5 ~- W(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied9 [) s* n4 E, W# X5 ^' G
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
1 m* g! U1 |7 Q- c* |2 l6 |eligible for preferential tariff treatment under a free trade agreement; or$ g+ F" J' Y: I- C: N7 T3 S
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied/ Q* Z* V# K& l8 K3 A& O
because the origin, tariff classification or value for duty of the goods as claimed in the application is
- S! m( x; t) }- D6 _2 ]2 Kincorrect.
) W" z7 \) Q, ]  ?/ L(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),0 E4 c7 M- [# B( J$ [
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground* w1 Z, I- I5 S, n  y$ \( i
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: Y0 B) k9 Q! d- N6 P9 k! Qwere a re-determination under this Act of origin, tariff classification or value for duty., j2 d, z9 u& f3 g3 f* r
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