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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
( o: }" r' _2 _9 X/ @" R$ R( p上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf" [8 }  ^- Z7 u$ U: ~4 j- [2 V* y1 ]
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Refund Requests
3 n: e5 @( K3 ?" F" H74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who! c1 A) y) Z) Z; [
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" C# B1 r( K$ J/ F* w' D; w  I9 ~
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
5 ^. W, _+ P+ U(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to# I+ d% U& r3 O. ]0 |
Canada to the time of release;
/ B7 @# z$ J( [: j(b) the quantity released is less than the quantity in respect of which duties were paid;) l! a6 D4 M1 z
(c) they are of a quality inferior to that in respect of which duties were paid;* P4 B0 T2 X! v* |. s6 a/ Q7 C4 E
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: M  I- |/ J, i" Q+ q7 ltariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) ?6 D5 g. ]' W! j
case may be, was made in respect of those goods at the time they were accounted for under
0 C+ U% ^. q" e' t: p0 {1 Msubsection 32(1), (3) or (5);! L, D) C! G/ v; P' o
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for; t4 v4 k# Z/ [5 w
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
% j0 A: O5 |6 {2 T# j1 \accounted for under subsection 32(1), (3) or (5);5 G3 j- D- N1 A; }* b
(d) the calculation of duties owing was based on a clerical, typographical or similar error;# R/ h) w( Q4 Y. m7 s3 U; D' l
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 T2 J7 D! o3 @  ]! o
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! t% w# ?/ G, _! W, i7 [# Zvalue for duty in respect of the goods and the determination has not been the subject of a decision2 b/ }7 `! P1 A5 A, D
under any of sections 59 to 61;
# D; }' z/ D, c* p(f) [not applicable to non-commercial goods];- E4 u5 I  ^  z0 w, \# B' y4 F
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
- O) R! }8 @  E& I  q9 I  P0 X6 U(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
, u0 {6 R% `, m* P( @$ p! O9 h6 j2 J: Jon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of/ j5 j- v; Y6 O+ k4 w
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).$ E, A& F3 W: Q* j. n7 ]
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 E8 q; q/ N/ |" U8 xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.# m# |+ V: _. O! E* z9 H" |
(3) No refund shall be granted under subsection (1) in respect of a claim unless7 ~: q' m+ E# H
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
+ m9 y& W' H+ @& @3 U# frespect of which the claim is made or otherwise verify the reason for the claim; and6 h( a5 K% Q9 i8 F
(b) an application for the refund, including such evidence in support of the application as may be
2 M, }3 @+ r' P* b5 nprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ t, ^4 W) n0 A' \5 {! aprescribed information within
! ~0 g4 ~: W% |' F7 B0 P9 b9 s(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)) o1 h+ l7 g5 _; N% P1 q8 D3 c
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, [- v: m& [% i2 A5 E5 e9 _7 R(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods, g! B2 H% G$ r0 [% {- }$ G6 l- e
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
3 l( k) i! N& j/ Q, B(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* m1 ]) b5 J2 \7 b. M4 Y. ^; T
this Act as if it were a re-determination under paragraph 59(1)(a) if
1 J* }# a# r$ l: c. D' a( P3 o(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
" K3 z- L& w9 I" `6 N% K: c  I" Y" Rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ r" A( Q% s# f2 f2 b- W! p$ c! E% qeligible for preferential tariff treatment under a free trade agreement; or
( o) {! z6 w5 V3 T3 [(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
) w: a8 `1 m5 a: m+ j, k0 y! {because the origin, tariff classification or value for duty of the goods as claimed in the application is
: ]" j" P1 A1 W) \5 Xincorrect." c' D% h* d* b8 n2 C/ @  P
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),3 _0 o/ B% t* x( o/ M- Z( P) k9 Y5 y
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
) P/ _* c( n+ \6 c( K& K, r& ~other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
* \4 ~# ~1 E2 p# p9 [, a6 Zwere a re-determination under this Act of origin, tariff classification or value for duty.
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/ W" p; h; U8 W# G. E# N- ~% `+ A这到底是说可以还是不可以啊?
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