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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
  M% r6 @' f# X上面说 非商业 进口 可以免关税?
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8 S! C3 ^/ u* n" Y9 c2 B9 B/ ~2 m% o# Y/ y3 b% G$ S4 R9 G  |# @8 d

7 E9 Y4 h: E0 X/ s2 c& m# D3 I: n% shttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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3 ~  k6 b  Y& Z/ U# U1 j" v$ u4 aRefund Requests
4 j+ S' j3 K, [7 A' y) u74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who! K1 x  p/ x9 s( Z. @
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part6 K/ ~" d; R" B  L
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
2 O* \  t, Q2 h1 }6 C* y(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
# e0 H. k/ S% F: @* i, I! YCanada to the time of release;
# e" a4 o. K7 j4 x(b) the quantity released is less than the quantity in respect of which duties were paid;3 b' |, Y$ W! u# o- [
(c) they are of a quality inferior to that in respect of which duties were paid;! u( k- L3 h5 D. M3 j8 E
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& g7 g* t8 D4 J1 c$ J  N
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ ~# p. k1 s0 X4 w" g% n& S9 i
case may be, was made in respect of those goods at the time they were accounted for under7 X+ s7 U' Z$ U0 q6 E, @
subsection 32(1), (3) or (5);
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  c9 q+ T  K0 g1 n/ k(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for  y! z8 K6 t, s9 ?' g4 J
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 h5 L. c4 ]2 G0 i' h' s, I4 {
accounted for under subsection 32(1), (3) or (5);
  B! Q# ~; ]4 q" T7 |" O, x2 b(d) the calculation of duties owing was based on a clerical, typographical or similar error;7 d2 E  z3 l) ^1 b/ o
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
8 K6 `) y/ ~: {8 p, Sof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 J1 G- z% _% ]- E4 B* y" j- u5 E
value for duty in respect of the goods and the determination has not been the subject of a decision3 o5 |0 e' T! k: d+ u
under any of sections 59 to 61;
0 \! a: U8 ?" {1 S* ^7 o4 x* q(f) [not applicable to non-commercial goods];
, s- v# C4 D$ }. S( e(g) the duties were overpaid or paid in error for any reason that may be prescribed.3 f: W! [3 F* Q$ B
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based% n& `: ^' o$ n3 L* A, _
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
' R2 V5 u+ E* \% o: Lthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
! j+ Z; W7 B# g) @( p4 \5 f3 {(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
8 t5 x6 I2 l) runless written notice of the claim and the reason for it is given to an officer within the prescribed time.
. g7 @5 R$ W: w4 w(3) No refund shall be granted under subsection (1) in respect of a claim unless
; q" I( `  ~* ^1 N" [1 u" g$ p) H(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
1 F+ Y* h% Z- F* h1 Arespect of which the claim is made or otherwise verify the reason for the claim; and8 |: h& \9 T. g* k5 w5 f* ]
(b) an application for the refund, including such evidence in support of the application as may be
6 Q: C- O1 H; Y7 fprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 a- \% h2 g2 z& Nprescribed information within) E0 `4 ?- J/ a8 X6 u
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)7 \  B6 c' y, ~' H# q
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* N4 |8 O; P2 d8 `; |, o( }(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 y; y' s' y, ~9 j* j. [
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.5 a+ S7 N$ [/ _0 P* J
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of. @1 p, Y+ h( i& C
this Act as if it were a re-determination under paragraph 59(1)(a) if
# c9 Q  F" E( ]* w' }(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
  ~" V/ k4 j9 ^6 V# J8 F3 fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not( o0 n5 \  b1 Q2 `
eligible for preferential tariff treatment under a free trade agreement; or
: O7 {; k) h, t6 u$ v0 G(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied' Q) S7 r. c# ]& k( A, V
because the origin, tariff classification or value for duty of the goods as claimed in the application is0 h$ a0 y. R, H) F  r2 H
incorrect.
. M8 b( n6 v* Y2 d. P(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),* T4 z: f1 O; T; K2 i
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
; H7 x3 z9 b$ _5 ^other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 h7 V( b4 L2 F4 |
were a re-determination under this Act of origin, tariff classification or value for duty./ c, k  ]0 ]  d$ m. p3 t
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这到底是说可以还是不可以啊?
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