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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
& F) Q5 T, ^0 y6 s. h; v. G上面说 非商业 进口 可以免关税?
6 X! o1 M$ c3 i/ F
( ]/ O3 T) J% C$ s% l3 g6 Q9 T* d$ o) N  e; ?$ R

$ i6 s- P9 Q1 ~* {$ U" t  yhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
$ ]4 D: R. `1 f; N# c' k: P
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Refund Requests
9 N0 j! V; {) R# c$ K0 b74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who% h- T# ^8 Z, [2 u5 q! A( M
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 u: d/ T* T& {% t  Qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if, i4 U$ ^6 S8 V7 ^9 t6 `" {# a. {
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ I7 b% f% X7 y: ?5 h: P- }: N
Canada to the time of release;
3 g/ u" d$ t/ J(b) the quantity released is less than the quantity in respect of which duties were paid;- F: O( {5 |. h' Z% A# P
(c) they are of a quality inferior to that in respect of which duties were paid;. i- C" z/ W" O  f
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
4 T1 y$ w7 Q2 T% rtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the* Y7 t( G* p) k1 N6 i- L( n% |
case may be, was made in respect of those goods at the time they were accounted for under! C, ]# q% q4 Z3 s- J
subsection 32(1), (3) or (5);7 a, Z: r' B/ e& i
3
% X: V+ M( @& Y4 k) j: q(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' B3 l+ t* ^; I3 m2 |$ P
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
5 b" {: V4 g9 w5 Waccounted for under subsection 32(1), (3) or (5);
8 x* s/ J  P* r5 j# M7 a- D( w(d) the calculation of duties owing was based on a clerical, typographical or similar error;8 v" F: |4 N" ^, @
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: V9 h5 D: l( o8 e3 A' t* C2 o9 wof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' t9 f. F3 M& r
value for duty in respect of the goods and the determination has not been the subject of a decision& k* T* f& L; L# k& N8 j
under any of sections 59 to 61;) G( q* k8 z5 B5 T* K7 X
(f) [not applicable to non-commercial goods];
* n; L( f. Y# ~1 t/ {( B(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 F" v7 u) D: D4 m! D(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based! g1 n! p& e) _3 E' l  v4 \' q
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of8 [: t* R: m( d5 a0 T
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
' N4 F' ~  o0 Y$ H% W(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim9 e: f* x- W' b
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
5 {# o( {" d5 |7 s7 x: `" n  ^(3) No refund shall be granted under subsection (1) in respect of a claim unless9 o  Q! r6 u4 D0 @  \3 ?
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in5 `' ]) L7 \* S9 F  m
respect of which the claim is made or otherwise verify the reason for the claim; and3 p2 u5 U3 R6 v7 p
(b) an application for the refund, including such evidence in support of the application as may be: j5 _8 h, c" H  l1 `; ?# v8 q: o
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
' k9 B' @) e# g, m1 f5 U3 Y$ ~prescribed information within
0 H9 N% L2 a  a% Z(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)* G  ]: Y% K0 }
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and- i1 C# D# F. f! w5 ]- h- x
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
" m; A7 l( k, r( U7 C5 O  pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
$ o: P% Q5 H- e. h' M(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; B2 U, m6 i* V$ e
this Act as if it were a re-determination under paragraph 59(1)(a) if& D$ q' X: Y6 ~5 Y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
' q( F3 r) s3 v: V+ m/ B2 C: obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
  Q! y0 d. ?* Q1 G" neligible for preferential tariff treatment under a free trade agreement; or: d2 f- S* q7 t. ~; v
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied$ m- k. f5 \- I5 P; e3 I
because the origin, tariff classification or value for duty of the goods as claimed in the application is# N$ b( F( L0 ^; b$ ^0 I3 x
incorrect.) t$ N) `7 L: ?0 A  d4 P" O" v
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),/ L9 A/ W+ k$ W: i+ @+ t" m8 I7 y
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
) ]; T. K1 n: f& w, Cother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
/ _& |1 P) c0 `. Z0 A4 h" Iwere a re-determination under this Act of origin, tariff classification or value for duty.
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' Y0 B" ^8 q" [9 v2 Q- p' D' Y这到底是说可以还是不可以啊?
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