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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
: A( u/ P" a: d5 j% @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; u9 X0 g& L& a( h$ p% z& R1 b& `
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& P# k+ t; i/ x6 N* r% D2 ARefund Requests
, h/ x- O3 L- w3 ?: u74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
7 P6 G& W4 L1 @7 l# Gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
# C! q$ `+ U, I1 K- t( l& T3 N, zof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
; ^  [; S3 I. P& D) z8 b) k(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
# I' O( k5 U) |- z$ VCanada to the time of release;# ~% h) Y" @" ?. t
(b) the quantity released is less than the quantity in respect of which duties were paid;
1 ~" ]$ J1 S6 v. E6 E( t. l9 S3 c(c) they are of a quality inferior to that in respect of which duties were paid;
0 L% z, h& T3 {) T7 [( C9 o(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential+ j6 r( q! ]4 n- A" l, f* J( ]
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
1 o# D4 x- c, n7 Fcase may be, was made in respect of those goods at the time they were accounted for under
( g8 h, w4 n- \7 esubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
' ~! u8 v3 I$ s1 D( {' Wpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
# v: T6 Y; N0 v5 _6 |9 t. Jaccounted for under subsection 32(1), (3) or (5);) P' K9 K/ J! i4 o8 m# ^' h
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 o6 @& J  O8 K* s3 m5 U(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
+ O$ C8 d9 h, M1 q6 J% C% `7 Aof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or$ O! _) F- l1 x
value for duty in respect of the goods and the determination has not been the subject of a decision# }7 s) F# f5 l  ]; G- t0 D. B
under any of sections 59 to 61;
) O4 z' f2 L% ~8 R) i. f# n(f) [not applicable to non-commercial goods];. j! l1 n+ h# h
(g) the duties were overpaid or paid in error for any reason that may be prescribed.( m& H* Y) \+ W1 ^, S. C2 I
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ \3 l- C  w+ G: {$ }* y
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of3 A8 q# w; h2 W' S9 f2 p/ {6 ]' c
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).( F6 G! w2 |0 D2 ?
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim6 n! ~) V5 ]8 x6 P3 L% N
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 J2 M% H" `  @8 c* y
(3) No refund shall be granted under subsection (1) in respect of a claim unless1 w, A: H2 N7 S6 X2 L6 y( s
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in: C0 g# d" q, u  q* F, u+ L
respect of which the claim is made or otherwise verify the reason for the claim; and
0 W8 q; D: n" O% Q: m! S(b) an application for the refund, including such evidence in support of the application as may be- S0 t( y; V+ J& m5 N
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
- G, ]8 s# k) P5 K6 g/ Oprescribed information within* M2 k0 ]' f! _+ p
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)* M8 Y$ x  c. Y- ^
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 \' V' Q6 \# |* @9 R
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods9 `" `- f9 Q1 X6 @
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 @/ H  ]8 @6 X0 X(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
  C+ [5 d" @/ @5 H: athis Act as if it were a re-determination under paragraph 59(1)(a) if+ e# q" w9 H: ?1 ~
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
  `5 f3 M+ S. }( W  b, R- @because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not4 H# ^- c. b& c5 O
eligible for preferential tariff treatment under a free trade agreement; or
( S/ H, K0 x0 m- ~, _& C(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
( M) g0 ?9 Z5 O' G+ \" _* jbecause the origin, tariff classification or value for duty of the goods as claimed in the application is- |+ _! g$ L! b* B0 d
incorrect.
1 S  E* [- g" l(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
' ]8 j9 k+ @' f6 _/ ?$ ?(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- z! [& g  H& [0 ~) V& U5 U* f
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% f! v9 M4 R; i% f& T  j1 Rwere a re-determination under this Act of origin, tariff classification or value for duty.
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7 U/ z0 v' G) p5 Q9 p1 o这到底是说可以还是不可以啊?
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