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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
* i% P) L& E% b7 p上面说 非商业 进口 可以免关税?
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5 P% B5 M+ l# B2 O1 ]

$ L- u9 X$ l$ chttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
  ?3 T6 P5 G6 J- D$ s. x) J7 e7 j% Y

+ {/ A+ n0 K' Q9 P* S3 bRefund Requests4 k% _/ @( t- ^* \7 L8 G# N* C
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who* @8 X6 C5 r# {* @# k6 P3 m
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 G: {+ x* _# t: c; h! sof those duties, and the Minister may grant to that person a refund of all or part of those duties, if  z! n/ c4 a) J* ]" C, _7 C
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
0 Y0 u! ]* B$ h2 m+ o: uCanada to the time of release;
7 D0 w1 S/ f# |  E* q% n! d(b) the quantity released is less than the quantity in respect of which duties were paid;7 b! p: x; @! H. e) P
(c) they are of a quality inferior to that in respect of which duties were paid;
, U! Q( \( q% e/ d9 h& H- v(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
  [5 [4 ~1 G: [) G% _; A) d. Ytariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 l+ u5 A7 R1 ^% f0 w! ~
case may be, was made in respect of those goods at the time they were accounted for under) i1 P4 K2 x% m/ U' v- V- w- y
subsection 32(1), (3) or (5);) F1 a5 t$ q) }, ^  g2 D" L
3
0 T+ i' i( V& a1 D(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for# _4 F4 ]) ~8 p# w" T# W/ B
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 w! L' l5 r( o3 {# x
accounted for under subsection 32(1), (3) or (5);
5 ~/ x, P1 G" Y; l0 I& P2 y(d) the calculation of duties owing was based on a clerical, typographical or similar error;0 Y6 W/ t& A  _/ K
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
2 @0 R) [' ?0 \, w8 G% Gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
. h$ c9 u4 p/ p& z4 lvalue for duty in respect of the goods and the determination has not been the subject of a decision
5 E) r( h6 u7 i$ x/ n+ R1 s( Zunder any of sections 59 to 61;
& x0 o* b! m5 z% z0 \(f) [not applicable to non-commercial goods];
/ Y" D- `# _; e5 X! S(g) the duties were overpaid or paid in error for any reason that may be prescribed.
' d& o: x7 q9 p! H/ W(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
+ V  o9 h; Y+ q; Eon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
6 K# W' X+ J/ i) a3 E- u7 ~this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ R3 @4 ^0 z' ]/ r
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
/ w% U9 F  K! M$ Bunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
% ~# i( I" ]- U3 |$ m+ b/ G# X. T(3) No refund shall be granted under subsection (1) in respect of a claim unless0 W* D- M# j8 ?
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; j3 h3 c9 y! S2 K3 X: b
respect of which the claim is made or otherwise verify the reason for the claim; and
3 o1 h5 r# E9 a: y(b) an application for the refund, including such evidence in support of the application as may be
8 B8 _, }1 s" T: B# D" R4 q/ }prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 Y5 p1 S4 ]4 l9 xprescribed information within
6 E/ s* \* e1 v(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)! a: ]$ k7 s$ f+ K
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 x' S, v' K* W) ~8 x7 m
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 u! Q" z. t+ X8 l  j" P4 m1 x1 {/ ~
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., ]8 R) p, L; {& E
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
8 _% j2 ~: W. g' `this Act as if it were a re-determination under paragraph 59(1)(a) if
$ {4 O5 e: ~6 P. u/ i(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied+ W) m' y$ v7 X6 I
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
% Z+ u) m( A% ^: X( z$ V7 @* H! Veligible for preferential tariff treatment under a free trade agreement; or
/ [1 i' J0 m* p1 p3 F5 @/ ~(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
9 q9 Q. ]  a& i3 ~- c  j0 mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
+ G: B0 U  _& a* b& |: d" \% ~incorrect.7 X/ o* q9 W* A# ^$ i
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
& E& y" ~  u7 j' g; `" ]% H% `(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground4 a2 a4 w. o' r7 J1 D6 n
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 a% ?) }  _1 _4 m6 d( p
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊?
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