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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
6 n8 y, D. x3 ~4 ^上面说 非商业 进口 可以免关税?7 A: H% @4 E& E1 b
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9 _' ]9 m0 Z' }+ [8 O3 H- }http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
5 q( r2 v% ~- L" c74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who+ l/ v7 \. l) R0 {# y* E. y
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part  b/ I# `2 Q- g  c) O* h
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if2 T- ~6 D# A+ S( b8 H: L
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to1 [9 y$ L6 Q+ X0 Y/ v  {- k
Canada to the time of release;3 T; ~2 c$ ]; G5 W5 R0 e( [
(b) the quantity released is less than the quantity in respect of which duties were paid;
5 g9 l2 k, H; t* T' |8 f(c) they are of a quality inferior to that in respect of which duties were paid;: E7 t. `- }! k8 I2 N# s) h4 w
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential- C2 t$ P& ?0 v: U
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 Z# {9 i2 N0 ~% I1 Q" F3 Ecase may be, was made in respect of those goods at the time they were accounted for under
# `. ^$ {$ y5 D  R( M9 G: Ssubsection 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; L5 P+ g/ t2 s6 q& f
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
( M, V2 y& P5 X* j2 iaccounted for under subsection 32(1), (3) or (5);
8 s3 ~& i8 n& H$ f/ D, }(d) the calculation of duties owing was based on a clerical, typographical or similar error;. _9 j2 W$ P! @
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
( i' I0 h% g0 w& m1 |2 T$ `of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
) o- g3 i( Z1 w4 f, H9 rvalue for duty in respect of the goods and the determination has not been the subject of a decision- Z. C% L3 ~9 f; N8 f( Y4 o
under any of sections 59 to 61;, r1 |( X) d' l0 ?
(f) [not applicable to non-commercial goods];
' A4 V* g9 |/ O( ?4 Y/ h(g) the duties were overpaid or paid in error for any reason that may be prescribed.+ R2 R( w' x% ?" L, V7 \" k2 E+ o3 P. y) s
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* b7 K, I$ e7 _7 _# b4 z
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 l  s. T2 [. v8 {) {7 ~this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
6 T$ F- P; {' o- ~(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) Z' G8 h/ ~* K( |8 n$ g
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.; e- R6 u& ]& O+ W' a) a
(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 A- Q9 k+ ^0 `(a) the person making the claim affords an officer reasonable opportunity to examine the goods in& Z1 _# T* B( [+ ]
respect of which the claim is made or otherwise verify the reason for the claim; and
8 e0 N5 Y8 T7 a- S4 E(b) an application for the refund, including such evidence in support of the application as may be
) S0 t7 ?. r% L1 A6 E0 Hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
5 q: n5 g, i" _9 q) F7 Aprescribed information within+ {  }, c2 Q/ D$ E
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)  ~$ z$ O0 R5 {1 l% N
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
; x; `& _2 O7 M; H2 ]& ?1 J(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods9 I9 Y9 g/ M7 f1 _' l
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.! V& n9 K) m! X# a- O0 T' M
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of. ?4 Z* `* ]# C
this Act as if it were a re-determination under paragraph 59(1)(a) if
5 @: m8 ~. h. w- v& T% u0 h  v(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
# T  k. m6 U  obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
& i$ a- Z' t* K4 jeligible for preferential tariff treatment under a free trade agreement; or. t8 ?( d) t: q  F0 ?. m
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 O' Y9 X6 l2 p( }because the origin, tariff classification or value for duty of the goods as claimed in the application is9 `6 \8 h: \, `, b8 K4 l$ h
incorrect.
% f/ A- `9 J, G. d. o% R9 B- v(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ s5 {* K0 x8 R% r3 F
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
% v, z! T: Y' D! n" M( aother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it( e' X7 D6 b7 A* m2 y# M' ]
were a re-determination under this Act of origin, tariff classification or value for duty." f; o+ \6 E1 k0 ?' `
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