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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
1 G# L, v: X" O$ x) \+ [# C: j9 x" `上面说 非商业 进口 可以免关税?  F  _" r, _$ [3 O7 u

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: y  g, N+ X7 A/ K; Xhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf1 k% _0 l) G+ x
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Refund Requests4 q* B* D; O5 d; Z' M
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
: B6 h  P; @' l6 E* Opaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ O- t  Z: n4 X& }# Cof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" c! U" }- Y/ ^(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
7 ]: o! E2 y/ WCanada to the time of release;
6 [- J6 c- F  t7 B(b) the quantity released is less than the quantity in respect of which duties were paid;
+ b6 f5 z0 K; I( V$ q(c) they are of a quality inferior to that in respect of which duties were paid;
+ N) s5 l  f: n& q: Y% `% q9 k- v% R$ m6 N(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
. J& k# K( q* m( `' J% \tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the! r2 u6 C, U5 {! z
case may be, was made in respect of those goods at the time they were accounted for under) T/ C9 s. Y. U5 y5 R- N$ Y. A
subsection 32(1), (3) or (5);" Y' j8 c7 ?) V* b
3
. Z, K6 i7 w( l(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for8 Z& t$ Q( @( k' b4 g
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are# b7 e7 H' E! `% k( @# k- r) q; \
accounted for under subsection 32(1), (3) or (5);0 k2 n: Z# u: C4 @$ o! ?# b! d
(d) the calculation of duties owing was based on a clerical, typographical or similar error;4 |% S3 v3 J/ m$ c- V2 h/ @8 t
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
# B. X" V/ m+ o, e5 N' C2 vof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or9 p$ E7 C( [5 U2 s
value for duty in respect of the goods and the determination has not been the subject of a decision! L: O) N5 O& b" R& Q& `2 H
under any of sections 59 to 61;8 J9 }# v7 j1 G  p$ P; r
(f) [not applicable to non-commercial goods];! O" l1 U6 M4 S* q" A
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
5 Y: H9 u) e, n(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
' Z& g* j0 r3 q  n/ `1 O: Mon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of  @4 R# |8 G' [5 V; }  J- V
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
! [+ d' o. {* p+ r- h(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 j% t6 W% B( L; V/ f+ q
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.# {5 Z2 \$ m0 H- S& }
(3) No refund shall be granted under subsection (1) in respect of a claim unless7 {/ ~+ m# P/ ?0 e
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
5 {9 p: C: `/ Q) O6 o; Lrespect of which the claim is made or otherwise verify the reason for the claim; and2 d& r' F0 r; k0 Z1 q) W: ]7 P- `
(b) an application for the refund, including such evidence in support of the application as may be
4 J9 N6 q$ G" X0 y6 F. P0 G0 cprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
2 v) F& R) ^: t/ y2 E0 X2 fprescribed information within$ E+ M' l9 y- |  f& U
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
6 ^" G2 k0 T8 H, X" bor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 E' C% F9 Z3 ^* {6 y$ c' G! ]0 [
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods0 u, j" c! l: U$ P
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
- f: I& ~+ b4 k7 h7 n" E(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! f1 x' f; h9 D% c
this Act as if it were a re-determination under paragraph 59(1)(a) if
2 {, o4 D5 z+ O- Y: M; |(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied- E% [) {+ N2 I% I
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ g: x$ g* L6 ?6 seligible for preferential tariff treatment under a free trade agreement; or9 z( ^8 l* {: X% n# s% Q
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied$ [/ ?( U2 r5 E7 w8 O
because the origin, tariff classification or value for duty of the goods as claimed in the application is- r4 X, k. B. B( |; J
incorrect.
2 e; v. u5 i% {5 Z! o(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
! M2 w$ [! U0 g# J(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
. D/ M6 N4 M/ J$ M! Wother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it! `% V- E, T! L% w: x5 l
were a re-determination under this Act of origin, tariff classification or value for duty.
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* b/ t" i# I, @; F- ?  [8 F" f5 U" G+ V这到底是说可以还是不可以啊?
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