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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
3 d! p2 z4 E/ N5 q) v) N/ [! O上面说 非商业 进口 可以免关税?$ ^4 }6 P3 E# V( l- A

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' K2 c% b: {% V5 l+ N% Rhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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$ f, {+ c' M- I: U* H" w' X7 V; p+ [% A6 r: S: G, z7 Y* @7 S3 u& ]( y
Refund Requests6 k1 d7 Y9 K& ~" o: F: q- p
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 o( s7 I+ ^: B) g! npaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
, q7 t( L8 D! t% O* qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" V) v$ d4 J& q/ G' H$ j* P(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
  R2 c3 G% ^+ K$ FCanada to the time of release;
* j( d8 W4 U5 H+ u8 x2 D  r* B  J3 j(b) the quantity released is less than the quantity in respect of which duties were paid;/ ]! {- {, K) b' [. d& K2 R4 T
(c) they are of a quality inferior to that in respect of which duties were paid;
& S" F4 ?$ V, P" [0 J(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% c1 r# ^. f0 Z0 D9 A5 k
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
1 M- E8 e( q8 [/ _0 dcase may be, was made in respect of those goods at the time they were accounted for under8 x! t6 k. t, N  C) ]8 R9 u2 B7 Z
subsection 32(1), (3) or (5);3 x# h8 }( F# s8 V- |
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
( |; Y7 B) I" q; F1 D4 e) Zpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are+ }( D5 ~4 @. L: x; r3 z
accounted for under subsection 32(1), (3) or (5);
, \$ n9 F9 G9 j  e1 q! ~/ w(d) the calculation of duties owing was based on a clerical, typographical or similar error;: O4 W; \5 X& m% Y- E
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
4 ]( t0 x0 L+ p9 b0 Eof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# I* i/ x1 Z6 f9 Q: cvalue for duty in respect of the goods and the determination has not been the subject of a decision$ v* H) B' N8 Z0 m8 f$ k
under any of sections 59 to 61;) Q- J7 I( k: c0 B5 H/ B
(f) [not applicable to non-commercial goods];) y5 a3 `2 U% j/ q7 w
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
" d0 O% z& ^9 u9 Q$ z' n(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
  r% u3 d" L! K- H7 Ton tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
' m3 ^7 z$ K* A) Z$ i' L6 Mthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).& u+ y' g. m2 m
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 Y$ F( f8 t. v
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
$ q( S+ Q3 ~) A# c' e(3) No refund shall be granted under subsection (1) in respect of a claim unless8 V& W5 R* \/ Q1 a3 C) P# g% o; I
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in) f+ b0 d6 k% Q- V
respect of which the claim is made or otherwise verify the reason for the claim; and
* _/ w+ l* ?" P9 d1 X8 N7 [, ~& A(b) an application for the refund, including such evidence in support of the application as may be0 }) Q; |! G( t& M7 q' f5 A% \# i
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& a# ^8 \" H' p6 N
prescribed information within) n  X7 ]* t: P" l3 m5 y9 [- v# g
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, y  P4 ?. o6 p- M6 t% Cor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
5 O- y1 L+ E" O6 y! y(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods8 w% J7 k& J! A" `
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( f( N, h7 G* _+ e" H9 R* C- A
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. E5 u) i, G& v* K, I! xthis Act as if it were a re-determination under paragraph 59(1)(a) if
# P: P% F* q) U, T) ](a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
% G( M' B/ W* W- Q% e, _: rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
: t& z5 j( P+ peligible for preferential tariff treatment under a free trade agreement; or
* y5 G& s" x5 |/ n$ f% `(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
0 g' W6 _  l0 @3 i! {( O: O: sbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
% ?6 l) i" n. p, l, e" B" g: [incorrect.
( S  j+ M  @7 I- f. F" y( h(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),' X: Q; C5 z# x' o- l! s
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
+ Z! z" i$ }! n, C6 F8 @4 Kother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% [( w! z: v+ D; G, U3 {were a re-determination under this Act of origin, tariff classification or value for duty.- e3 Z" |+ F" o& ]# p- Z

; y( Q  A3 f6 g* y这到底是说可以还是不可以啊?
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