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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
3 i# {: Y, l6 w: ?  m3 A上面说 非商业 进口 可以免关税?
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5 b' q1 B- Q$ S7 \7 N! t  F3 E" N5 P- xhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests/ B; ?5 u; w, N& V9 ~
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who/ ^* A3 I. w% e3 d( z
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
8 a' c9 N: A, K" D" wof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ B# f% x- B7 E1 ~7 r; E(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to9 _8 n$ h6 \5 @7 w" o4 A
Canada to the time of release;8 Q& V) ~7 J  \2 J
(b) the quantity released is less than the quantity in respect of which duties were paid;
0 F% l7 J' @& s" K: {- g(c) they are of a quality inferior to that in respect of which duties were paid;
$ a; c4 b' E! m2 b* u3 j( R(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
* E: O; S8 w- ]& F. K0 S# s: Qtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
1 H2 V7 n- k8 w/ y1 vcase may be, was made in respect of those goods at the time they were accounted for under
# m# a; I/ r" msubsection 32(1), (3) or (5);
$ B9 f# c1 y4 Y* X6 s* M# u3
6 e# Y1 g* a% Q$ ]4 p" m( K1 h(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 U& ?" b0 a* q) n9 o( jpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are  J' X  E. i1 ]6 A0 z
accounted for under subsection 32(1), (3) or (5);
, O6 o& L4 ~* R, R(d) the calculation of duties owing was based on a clerical, typographical or similar error;1 l' ?8 w7 [! i7 n( V- t
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 m% y1 J8 x! u2 c& w* ]
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. l2 j" D- W* _% z; P! J; d1 v1 Q" ~
value for duty in respect of the goods and the determination has not been the subject of a decision
! O$ _2 ^) F  ^/ X$ b- S# Kunder any of sections 59 to 61;
6 I9 k4 z2 `  z5 O* ~" j3 v$ J(f) [not applicable to non-commercial goods];
$ F& Y$ a$ Q3 y9 {! r* @1 K(g) the duties were overpaid or paid in error for any reason that may be prescribed.
/ B- a4 x  k+ J(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
! N6 N; G' g3 R/ N) j- ~( Qon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" N, g' e2 }! |7 p
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
* |/ C* N4 Q2 h) V) p# {(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) T. V! m& ~; H! T8 T/ w: n. @unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
: v9 `) w, V7 R: V(3) No refund shall be granted under subsection (1) in respect of a claim unless7 S3 j9 r* K3 o
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in6 W2 r5 R: h! D5 B) ~' e  g
respect of which the claim is made or otherwise verify the reason for the claim; and
% t6 q( }; O: V(b) an application for the refund, including such evidence in support of the application as may be& _0 `/ g! b5 R5 ^. e4 {
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 N+ k! e7 b* u, U& a1 G1 E5 p5 wprescribed information within
: z' K5 W1 r1 a; O7 H$ Q+ n0 V(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)& p) ?/ |1 P, ?9 `0 F% ^
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and/ f  D9 e/ x' K
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods. @5 j; W9 E, M! V1 Q" p. E0 g( t
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
0 K- j+ Z- `9 x$ C9 l- L3 D+ H(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
, E9 u- u, b* K& @4 l% hthis Act as if it were a re-determination under paragraph 59(1)(a) if
. }0 Y* _* r& u. C(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( [- ^& k, S" z) e' Hbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 w3 V- L$ Y1 n1 u; |1 ~( [8 k! |
eligible for preferential tariff treatment under a free trade agreement; or9 _, s. b2 l. d  N6 h
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied; t0 g3 S0 I7 M7 g, u
because the origin, tariff classification or value for duty of the goods as claimed in the application is4 L* W6 W: `) h2 q' ]4 F, V
incorrect.
; G- ?0 X' M- b5 g( \$ V  U; w(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
8 x- c: n& X" n5 w: \, W- }(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
$ p# E' a, p/ ?; d8 Jother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
9 ?4 v5 |" ]9 ?) l7 [7 Qwere a re-determination under this Act of origin, tariff classification or value for duty.
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2 D3 P" X2 u9 A: b3 N  w这到底是说可以还是不可以啊?
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