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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" @1 b7 @9 M$ l1 ]; Q2 y
上面说 非商业 进口 可以免关税?
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  t4 c: Q# v, S$ a. Y; W& ?1 U, I/ b' R+ r' Y0 H( o
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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  F" l3 v* f3 ^( e6 {! B6 nRefund Requests
+ I+ a. `1 N! ?6 |1 R$ y4 a" q8 [74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who) y9 A: y" f/ y& H9 O
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% L4 Y% x3 c5 `6 t8 A' kof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. ]. ^- x8 m& a' j8 ]- s, r4 t1 w(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
2 U* i% Z+ c. o9 T7 X6 p6 T. ~1 VCanada to the time of release;; J( \! [* z, b7 }$ I- c) L9 w
(b) the quantity released is less than the quantity in respect of which duties were paid;
9 j$ x$ k5 P& T& Z$ ~' ?3 R(c) they are of a quality inferior to that in respect of which duties were paid;1 X: A! \' K  Y3 ]
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
$ G$ r* B3 s7 r6 t( r) f: k; p1 Xtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( j  ~6 u- U6 c9 e8 h" gcase may be, was made in respect of those goods at the time they were accounted for under7 s7 M( J' z6 p4 R' U- D
subsection 32(1), (3) or (5);# Z+ S: ]: G! N3 y
3
- E  l6 Z: v7 c. ?(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
$ F( v$ ]; ]7 j0 H( d  t" ^preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
2 m2 ]7 A; H* v3 Z  r8 Y7 Jaccounted for under subsection 32(1), (3) or (5);- I, Y/ z( v! w1 ?4 C9 N% @
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
8 D& O& Y  b% C1 j+ ~(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 V% @; w- g4 X4 E* V
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or) R2 w1 ^& x- a. n
value for duty in respect of the goods and the determination has not been the subject of a decision9 j, W, {  c& E9 y! f! c
under any of sections 59 to 61;
3 k' @: X) u5 u1 o(f) [not applicable to non-commercial goods];
& }" q0 u8 K2 a# }3 S(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 T0 J, y, h# e* _(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
, V4 I6 ]( g& K3 a; i. [on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
( l2 `2 I# b8 i* q0 Dthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
& q6 t2 h6 {: K9 n( P% j(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
" e+ l4 k& \) B) }8 Eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
4 Z5 K5 \( V. k* X# z(3) No refund shall be granted under subsection (1) in respect of a claim unless
! T" ~0 _. h- {+ S$ O(a) the person making the claim affords an officer reasonable opportunity to examine the goods in1 y1 |& A+ h+ c! }1 A
respect of which the claim is made or otherwise verify the reason for the claim; and7 V0 z$ O' ?# V2 i2 |1 O
(b) an application for the refund, including such evidence in support of the application as may be* [( H3 S* u3 d" J. x5 H& ]2 g
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the' F4 N) }2 r6 y6 G$ U* n) k) w
prescribed information within
  j; K/ |$ I. T* N! k7 Z2 L(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)" Y0 M% c$ B- \1 y
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
8 K+ W- \' n5 u: X(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods' V/ _$ I7 W/ H9 R6 O; K. h6 L1 A
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
3 F* z8 P- I* P/ J/ y(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* l. Y$ K: z( u! t8 O
this Act as if it were a re-determination under paragraph 59(1)(a) if
2 c1 |& \6 o. H- R) x3 |(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 G7 {& H( J8 r7 |. k9 gbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; z  N/ o6 F& c, }
eligible for preferential tariff treatment under a free trade agreement; or! R% \5 B# @1 [1 ]! p+ h. P
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied" I4 Y, G' D4 r( z, C1 z( X+ u
because the origin, tariff classification or value for duty of the goods as claimed in the application is
, l* |$ z5 F3 Eincorrect.9 o. H) {' G+ U. {; o0 S
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
4 q. z1 V& |* A3 \(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# i1 T' |; f. o& F
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it5 J5 Q! J! b/ C" ?6 M
were a re-determination under this Act of origin, tariff classification or value for duty.( ]9 g* O- e3 N& u7 J9 n
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