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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
" N4 f9 d1 @3 J& n# f/ H上面说 非商业 进口 可以免关税?# v; B* D( ]( K) i& h) f1 F
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  @$ {+ Y. g0 U2 |5 I. |; Lhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
/ n. B) q3 x0 _0 d74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who- R8 p3 X! Y' @8 }" R
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
# I  c5 z9 i' ~! s# Sof those duties, and the Minister may grant to that person a refund of all or part of those duties, if9 |4 \6 n3 O( A
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
, \* l: j! }0 A9 U$ m6 B8 a# sCanada to the time of release;
% f8 @% M* |5 d" i$ Q2 r! H(b) the quantity released is less than the quantity in respect of which duties were paid;, r# |. q$ g* F/ N% R
(c) they are of a quality inferior to that in respect of which duties were paid;
3 V  N! F$ U! s  B3 A: z! C, q(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential  Y$ n8 {3 |1 b. M# ^( K6 f& G
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
' k8 k  Y4 ~; I( k" k) c* o9 jcase may be, was made in respect of those goods at the time they were accounted for under0 X' a0 @/ G) B1 y$ Z) d* ^
subsection 32(1), (3) or (5);$ {* f" J6 T( S& @2 Y4 Z+ \& O5 v
3
* S$ _3 ~: W# c# K% ?* P(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
* ?2 f/ G& ]/ @+ p- l3 Q8 p2 |" _7 ~preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) P* @4 v; X& Caccounted for under subsection 32(1), (3) or (5);! |/ b, |4 C8 R( e
(d) the calculation of duties owing was based on a clerical, typographical or similar error;) f0 @, z9 A4 e
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2); D' w! N4 g+ m( ~% K+ x
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. p' z! h# @6 ]! [( k2 b
value for duty in respect of the goods and the determination has not been the subject of a decision
3 p6 Y: @4 I% w* _8 L( aunder any of sections 59 to 61;0 c4 q/ @, H2 j+ c+ R' T5 `
(f) [not applicable to non-commercial goods];% m* H0 i1 g6 k4 Y9 H
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
6 ]) _8 r' |7 [) j8 K(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 v9 u* ~) b' K5 |6 v1 X" a
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of/ e/ e) a8 S5 G
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
5 k7 g3 x1 o. L. i, y, P(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim9 R" }/ t! _- n
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
4 z/ }6 e: ^$ }(3) No refund shall be granted under subsection (1) in respect of a claim unless
9 ^  A. ^9 h6 x# t/ c(a) the person making the claim affords an officer reasonable opportunity to examine the goods in" A, d3 |, U+ A1 p$ M2 a$ Q
respect of which the claim is made or otherwise verify the reason for the claim; and! U9 j9 J0 `* w, u
(b) an application for the refund, including such evidence in support of the application as may be, R$ P4 y0 _1 b3 d
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the# A4 S# P7 g( P8 O$ V( ]$ U/ {
prescribed information within
2 R0 Y8 }& Q/ q/ P; r(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
9 G, e) {. n8 R# bor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
$ L, m; b& W6 _+ A) x5 X5 g9 d2 V(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
  d$ q5 u7 f3 G1 \; ^) c- h$ O$ mwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
& J6 v" T6 W. d+ j2 C9 r& H$ P(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of) H# [3 @# n9 L8 x6 W5 h0 i
this Act as if it were a re-determination under paragraph 59(1)(a) if+ a6 q2 F" n& W
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied9 r% i/ Z" j1 g' Z7 s
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 K3 _. _6 x( q' i' ]eligible for preferential tariff treatment under a free trade agreement; or' x' Q7 U  q) R) }+ c' W9 ?
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: x- p6 m2 y' f( ]because the origin, tariff classification or value for duty of the goods as claimed in the application is
: C' s8 u5 c- T8 X% N( i0 Vincorrect.; N# ]6 D% @$ v8 Q5 v# t* F
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 p* W; @7 ?3 A9 y; o
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" X3 H6 m+ u4 o" c9 n4 w4 v3 hother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it: }& n* U! X, H0 N1 h$ [& Y
were a re-determination under this Act of origin, tariff classification or value for duty." W/ s2 j, Z- C* r* B  L2 }
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