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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, R+ R; Z( O( i/ q
上面说 非商业 进口 可以免关税?, {- u- n* I1 q

$ P; j% @. o# D0 A9 S* E. U" N& U* J* F, n: x& e2 y% H
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests2 \$ H$ N) A: o; n
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who! R( k) A1 t) J/ K/ ^. E# C
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" D; U7 i9 r- Y! P  bof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
: M3 _  t2 P/ h: K) p(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
7 V1 g: ~6 t( r+ W* k0 r3 J$ pCanada to the time of release;9 q; I" p5 [* I1 G
(b) the quantity released is less than the quantity in respect of which duties were paid;
% b& n) M1 D/ Q- ?0 A(c) they are of a quality inferior to that in respect of which duties were paid;( g# t8 \8 g1 \" D6 S
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 G7 K; b. K8 J* t+ M! E
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ R5 C3 z5 o2 r% A  M( i( O: U
case may be, was made in respect of those goods at the time they were accounted for under  J$ r$ w3 o  Z( y7 U9 u& O
subsection 32(1), (3) or (5);
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' N/ c$ ~0 G0 o5 E) m(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
  n! q2 I: Q8 d) k1 gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 E) Z4 ]: V3 a  _/ Baccounted for under subsection 32(1), (3) or (5);
+ A5 }! o; q6 ?! E$ i(d) the calculation of duties owing was based on a clerical, typographical or similar error;
. V8 _' U' c2 J' S3 J  \, K9 H(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
# M, g& J- j7 ~) b2 [of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or* J9 G& k1 v) _! ^, Z3 w( Y
value for duty in respect of the goods and the determination has not been the subject of a decision. a1 L4 E6 F+ b2 p( I8 P
under any of sections 59 to 61;; y" [$ W9 h$ g% E7 P1 u( G
(f) [not applicable to non-commercial goods];
) Z) a% A. D% j% n(g) the duties were overpaid or paid in error for any reason that may be prescribed.
! _9 ], M* U1 @$ B. L(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
8 W  R% b; }( Z7 k" C- gon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 l3 n* s* o; e" H2 P4 xthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
$ Z0 F4 e9 d  ^* @( J: H(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
. {# Z3 j3 o7 t  I5 `unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
0 x& U: A0 p+ @8 [  m(3) No refund shall be granted under subsection (1) in respect of a claim unless
8 Y1 V0 K! y# |# S% o(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& q, x9 A3 R4 ]- U7 H1 v5 v4 srespect of which the claim is made or otherwise verify the reason for the claim; and
" Q2 D. s' m  O* m' ^; ^(b) an application for the refund, including such evidence in support of the application as may be
' I3 B  a) _! Oprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
  U% J) j! G7 Nprescribed information within: m+ [( M7 F0 a# n9 w' A
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
6 q6 |. J. G7 cor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and3 g* }) x% w9 u3 U; _  _: O: @
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
4 w. g7 C3 V2 |2 C, |% Ewere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* G! z' S5 f( Q: C
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. @9 B3 ?5 L. gthis Act as if it were a re-determination under paragraph 59(1)(a) if
! v- X3 ]; y* Z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
- g- F' q7 z, T8 [3 O8 `because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not: e) M0 x, I8 W7 C
eligible for preferential tariff treatment under a free trade agreement; or
9 Y; l& l+ ~3 N) i4 c8 N  r(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied- q" r) u7 b  y8 n$ N
because the origin, tariff classification or value for duty of the goods as claimed in the application is( y. ?; o1 J% o* `: S. s0 D7 v
incorrect.
6 |$ W7 @: Z0 [1 ?" G( b(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 y! {: v+ E2 ?4 g3 F: G* `% M(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground$ C0 f7 A% ~1 X: M$ A& {
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it& H8 ^) q4 H( E0 k( x& d0 [
were a re-determination under this Act of origin, tariff classification or value for duty.
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