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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
# `9 g! o; d) i) E0 U上面说 非商业 进口 可以免关税?- [# M2 T3 E8 _# a
+ S! ~  K3 X; E9 J* B4 ]$ d

8 j1 v, T6 H3 G  \
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. o5 G2 D& r% m3 H8 o7 i, X
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Refund Requests
0 s# r# y: s1 G74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who& p, G9 h- |3 P& ]0 t" V; N, E
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" k+ G! c" L9 q" l3 j8 B8 w1 kof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
, T: l5 a( Y. _! @8 P; C; m(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ R, \& @5 a+ ^" ]/ r3 qCanada to the time of release;
, [$ a4 j" X; Y1 V1 e3 ^" E(b) the quantity released is less than the quantity in respect of which duties were paid;
- F! X, s2 W. F, t0 W; x(c) they are of a quality inferior to that in respect of which duties were paid;
) p  e6 p+ ]* z$ C(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential7 a+ q" j  e* f4 T  i" O+ Y. E
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the# A$ B- ]; h+ J0 a- J2 Y8 ^
case may be, was made in respect of those goods at the time they were accounted for under
: L+ _7 |0 K" k- k# J" J0 Esubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for6 b7 s3 ^" Z$ ^2 M; v+ ^. _+ M
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
% R# s6 @# a( J6 E. G' X2 Xaccounted for under subsection 32(1), (3) or (5);9 M0 U& m% \" o+ [5 Z& o
(d) the calculation of duties owing was based on a clerical, typographical or similar error;; R; Z% n6 i) c6 Y# g: q0 l
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' A" |/ R4 E8 g: qof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or/ W  H+ h& V- Z5 l
value for duty in respect of the goods and the determination has not been the subject of a decision
; X/ s2 D' T6 L/ Z  r# z6 _under any of sections 59 to 61;" R1 F+ Q" m. N9 h0 \
(f) [not applicable to non-commercial goods];: O, Q, E) f2 B) a; I
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
& r( L+ [6 f3 I% W, M7 B* g5 T(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
$ W' v# i. `" H" Pon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
0 ?( Z8 M9 U) U: e5 V3 h! Gthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).9 r5 K  {" |7 |* S  [* _, \
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim7 P! ?7 d; j: |6 a8 B
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
  ^$ p% T6 l8 E, K, ]+ D3 k) g(3) No refund shall be granted under subsection (1) in respect of a claim unless2 I" b) E# E4 J: t8 ^4 h) y) o' }
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in$ `3 W! a$ W, b
respect of which the claim is made or otherwise verify the reason for the claim; and
3 f, M4 i* o& G" D% z. |(b) an application for the refund, including such evidence in support of the application as may be
# S8 ^, g1 t- {+ M5 `prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 C  }  d9 y+ ?# ^4 \3 iprescribed information within+ Y3 f: e. Y( V0 E; @( A
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
6 c0 l) P2 L5 @. E* `or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and( D: I6 b/ f' K3 p/ A) O& F8 J
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods1 |- P$ B% r: n6 ~! H) }
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., a0 c' D1 A$ q( d
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of' [/ J3 g6 d; q" M, v1 U
this Act as if it were a re-determination under paragraph 59(1)(a) if
$ H, `9 c0 @1 Q: S(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
' H2 l( w, V- m- i5 ~' V. h9 Xbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not9 i! r" {$ n* l$ h- Y
eligible for preferential tariff treatment under a free trade agreement; or
9 p2 S" n0 H- U(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 F$ E, \2 i# W8 c# k& |  n0 z0 G# obecause the origin, tariff classification or value for duty of the goods as claimed in the application is$ }, O& o8 ~. C2 j' Y! [7 x" l$ ~
incorrect.5 r# t% b- i- [" x4 ?5 p. v
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
9 v0 Z9 K  L" [- V/ E7 |' X(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
3 X; u& P; V4 K8 j- ]other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- d, k# D7 k7 I' t0 Vwere a re-determination under this Act of origin, tariff classification or value for duty.
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2 h) K  U9 K$ l' t- }* |/ R这到底是说可以还是不可以啊?
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