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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
2 _1 f- }$ F+ m% |上面说 非商业 进口 可以免关税?! p/ c# Z2 x: z6 J  Y$ \

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" u9 g! `5 F" A! C$ Hhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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( S9 |. D9 }7 x; q' }: @9 N% g* ^6 E! rRefund Requests( U- V0 n+ D/ y6 J" y3 {' K
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who% K$ x% y& `* ^& H. ~- U% a+ ^
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 b0 z5 y3 V6 Uof those duties, and the Minister may grant to that person a refund of all or part of those duties, if5 @1 `4 J% }  Y! r. S3 I
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
9 h; |& E# ?/ ^1 K. pCanada to the time of release;9 ~1 _# X- t  t2 D- F& e
(b) the quantity released is less than the quantity in respect of which duties were paid;
/ h* S% O8 ]; R! g2 m3 I* [(c) they are of a quality inferior to that in respect of which duties were paid;8 Q. F6 d: q& K$ V1 j  w
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential- g2 }. X0 s) K) r
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) O0 M. r* I7 f5 `) {3 c( V+ Y* ycase may be, was made in respect of those goods at the time they were accounted for under2 T' Q3 D7 e0 r) K
subsection 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+ |9 g7 U" h, q2 v2 [
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 \' a, B" ?- [9 c4 kaccounted for under subsection 32(1), (3) or (5);+ `* X( i/ H5 j% A4 S& W
(d) the calculation of duties owing was based on a clerical, typographical or similar error;: o3 P5 h( I! Z2 T, V
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
% P- h1 q7 K0 X- {; Dof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or: f' V! Q( j$ i& Z9 y# G0 D' l
value for duty in respect of the goods and the determination has not been the subject of a decision2 o1 g4 B* N! k/ |0 C& y
under any of sections 59 to 61;: W/ O  x( v4 I( b
(f) [not applicable to non-commercial goods];
0 C; g; m! e- U4 {5 E2 M# I( ^3 k(g) the duties were overpaid or paid in error for any reason that may be prescribed.
' ^- K  P: w) ?9 ^(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based0 s1 G: K6 [2 @" T% W1 [2 i! a$ _- Y% T
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of5 B+ r7 m# P5 q0 S7 n
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
5 V( r! I3 f: S+ v7 l(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
1 d/ m3 `/ M) p) J+ funless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 g6 Y$ y) Y# _  L! V(3) No refund shall be granted under subsection (1) in respect of a claim unless
* `% F0 x! [  F4 a(a) the person making the claim affords an officer reasonable opportunity to examine the goods in3 \; B4 A0 O/ ?* M! H/ i2 c
respect of which the claim is made or otherwise verify the reason for the claim; and5 c; w4 p0 T, L& V
(b) an application for the refund, including such evidence in support of the application as may be; Q+ n2 w- \3 Y" _& u) x8 V. x
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the2 U1 j+ I+ e' [( D% ~4 J: e
prescribed information within; A% Y4 u- _" l& X( p% F- V
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 E& `7 i; M( k- `or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and/ Q8 M5 e- `- Q
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
3 u* Q/ e. X% H1 wwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.+ I0 \0 \3 X: x! m, `
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of: J  ^9 d0 A! G) b
this Act as if it were a re-determination under paragraph 59(1)(a) if6 k% x3 L, f5 a: z
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied3 s0 ?' ]" z  Z8 z
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
# H8 Z$ `4 r$ q2 @8 i1 ]2 z7 Oeligible for preferential tariff treatment under a free trade agreement; or
. I2 Y+ H- S5 S. B0 d6 o( N(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 [9 t' K& y1 ~. I  r8 ebecause the origin, tariff classification or value for duty of the goods as claimed in the application is9 V! `9 X5 m! v; z: D/ i
incorrect.$ n2 {! z8 [" B9 U1 i
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
& N$ ]/ q% d% o' Y# F# [6 M5 o(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground% r/ m/ n# n$ c$ B
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it4 `7 g6 w: C7 Q' F) P
were a re-determination under this Act of origin, tariff classification or value for duty.) L4 e4 g+ H% D0 n

0 P1 x0 \  Y5 |" Q7 h/ N9 {7 T这到底是说可以还是不可以啊?
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