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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
# q/ Y0 q  b7 r! L* g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
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# v' ^" S3 ~( J3 wRefund Requests5 ^$ X' Y2 {5 [& P
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
) j, h) d2 v+ @5 O7 Y, O# l# Rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part4 u2 k6 I, s; }( N
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
; @* ^' h( G1 h" G) i3 z! v(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
9 n! K; ]+ S  Q4 UCanada to the time of release;3 \& [1 H- T+ C, D  f, D) P
(b) the quantity released is less than the quantity in respect of which duties were paid;
& g% n6 `# ~8 U5 [9 l: X(c) they are of a quality inferior to that in respect of which duties were paid;! d! G( L) @; N: H# e6 K. s3 E
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential; P  z8 l8 e& h! k( A4 F5 H. b
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the2 O% ^* Q7 N3 v# d9 p& U3 t" }3 F
case may be, was made in respect of those goods at the time they were accounted for under" w, a2 y5 I' ?# c/ l9 j) f
subsection 32(1), (3) or (5);
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1 D  ?8 n  ]9 M  f(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 ?4 B% i& e8 Opreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
4 D% W3 w, j- q' C* Paccounted for under subsection 32(1), (3) or (5);
: g- \# h! k) N/ A" J(d) the calculation of duties owing was based on a clerical, typographical or similar error;
# F4 {0 @# e! J# J$ M  P(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 W" q, _: X9 l
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
- z$ j, q* U  _( N6 u9 I# p) Yvalue for duty in respect of the goods and the determination has not been the subject of a decision
9 B3 j4 t8 `- w! Wunder any of sections 59 to 61;
: V- g, X6 {  n* h& f' q(f) [not applicable to non-commercial goods];  u9 `& T' d6 W, b
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
' o, {5 v4 r  Z1 R* u% G( [5 l(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
$ K( y4 M5 L! A* i# Ion tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of2 ]8 Q3 P: y+ r: ^
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ H, R0 w, Q. B. L6 o- d
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
, d3 u5 {! \: O2 q8 S; y4 a/ j. qunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
4 U9 A. ^# @; c- J6 W' l(3) No refund shall be granted under subsection (1) in respect of a claim unless
+ e9 d0 O/ H. L5 n% E(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
; J2 R4 a; `1 W5 q8 lrespect of which the claim is made or otherwise verify the reason for the claim; and  t9 {$ c6 U# M5 ^0 a9 E
(b) an application for the refund, including such evidence in support of the application as may be( q+ H$ F+ A% B
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
+ C* C4 x/ f8 y$ U" f4 ]/ vprescribed information within5 G5 B6 V: w2 v, Z) z
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)  U. n8 T1 R4 V: D( t4 D
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 t$ N3 I" D; J+ n- N. B. t) e
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# `& {$ h4 q5 A, t9 C9 y9 H& r- q
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.3 @, d  Y: {7 e
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of$ z% X4 B$ i" g2 \; w
this Act as if it were a re-determination under paragraph 59(1)(a) if) B" h1 F8 e' `# g* l9 h# i  Q4 r
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied7 `+ y0 F! c( X* q9 s
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
' q$ \. H/ J5 B) }- ~' celigible for preferential tariff treatment under a free trade agreement; or
' N) {  u, X$ R3 f3 ^  I0 H(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied1 A/ y; M- n9 }" d
because the origin, tariff classification or value for duty of the goods as claimed in the application is$ P4 m8 |8 r6 A) p" o) t
incorrect.5 `( K  \! E. f- J
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
0 a5 P8 p3 {: B/ ]: ~(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground& A' ^0 R' K# w0 @9 j
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 m7 U: V) B& Fwere 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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