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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
. B3 [; |2 I; Q+ F' f5 w( t" [上面说 非商业 进口 可以免关税?% V9 J# S( d8 T; z# K4 D$ J9 h6 Z
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$ U" K; ~% ~8 R$ x- N; Ehttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. p8 M) n( ^7 q( r3 d# e
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Refund Requests
9 B! c+ L, a( ]7 k$ K74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
, m# X7 D1 R* A$ _% _paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- d; t- K/ ^! ^( yof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
( V6 G0 T  j$ \, D+ h(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to) W, F# a5 n* H6 z  u0 [1 v
Canada to the time of release;
; D& G. q5 D- n4 a8 n(b) the quantity released is less than the quantity in respect of which duties were paid;% B5 d! o8 R3 n4 K- N3 o3 p
(c) they are of a quality inferior to that in respect of which duties were paid;0 Z. g6 B! w7 D1 q( ]2 L
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential; A  M+ V. C0 k: S8 }
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
: j" v# G, X8 p0 _& t8 Bcase may be, was made in respect of those goods at the time they were accounted for under
7 f+ o. q# F( t5 X6 _0 Wsubsection 32(1), (3) or (5);3 p1 Q) V( k3 h  E+ m
3) J  _0 H6 \+ |8 h: G" |$ t( `
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for4 A7 N/ D4 W& ~" ^
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
' O/ Y2 Q; B3 c' I) b! B  `/ Daccounted for under subsection 32(1), (3) or (5);
% O; O1 ]8 B4 L/ x(d) the calculation of duties owing was based on a clerical, typographical or similar error;
5 ~# N$ t4 h/ I/ k(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), y; J! ~; t: D
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 K* k5 d8 p# t) O+ p3 x7 D4 G
value for duty in respect of the goods and the determination has not been the subject of a decision6 l( B- x7 z4 n5 n4 a- \
under any of sections 59 to 61;" K- m- @: f9 n7 z
(f) [not applicable to non-commercial goods];
! D3 Y# x. E  \% {. l. G% h(g) the duties were overpaid or paid in error for any reason that may be prescribed.4 D: j& j/ ?( o$ ~% Y
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
  A! f; d1 M7 @0 fon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; C/ B2 P% K( _; hthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).* \/ g9 M) i" `, {
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
+ v) z2 d1 h, eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 j& @. |$ O! M" w
(3) No refund shall be granted under subsection (1) in respect of a claim unless6 |  R2 I' u+ q- [. h( i. U% L
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) a- M; c5 R- v0 o/ E" hrespect of which the claim is made or otherwise verify the reason for the claim; and
7 ^2 P  o: n1 D# a, Q(b) an application for the refund, including such evidence in support of the application as may be
& Z  b% R+ L. ?$ C. `* jprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the) E6 }# [& `4 e* y4 C7 O& f4 a
prescribed information within
4 X" ?1 f- U" o$ N(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)  N3 }& B7 e' @7 n
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
! I4 x3 K) Y. I0 t) K(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
$ ?8 l7 M6 M) [  q3 T% owere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) c: h3 H' P  t9 z4 @) N
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: _, Y/ T5 t  i0 z  vthis Act as if it were a re-determination under paragraph 59(1)(a) if
  f5 _& W' D. P2 B- L- d, b" W(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied: h( A' y9 V4 @2 V$ Q4 }
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not% L6 n7 X) \6 F4 X
eligible for preferential tariff treatment under a free trade agreement; or' e3 ]/ y' C% R0 O/ ^& P
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied6 u  l- g) h5 ?  _6 j3 l& |  d# y
because the origin, tariff classification or value for duty of the goods as claimed in the application is, P0 V5 X5 Y- Q4 J0 n, ~1 o9 `
incorrect.
" t% S* A' }' R; R- ](5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
8 A. L7 h, `  _" Q(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground) I$ `: m" L6 v9 `: C* W
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: J& N9 J  n! r( d3 N0 B9 u4 B0 rwere a re-determination under this Act of origin, tariff classification or value for duty.9 @, \* D" P: D) P5 n, T) Q6 V* d
% R9 V+ r$ \2 K& ?2 r4 Z; r
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