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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
. `  V1 W: {7 y# a" O8 q5 |上面说 非商业 进口 可以免关税?: p! ~) E& W0 h( u& {

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; R" M2 a- q' n6 n& o8 _http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf* _8 o& X+ j2 G# U
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Refund Requests
. r. W; \1 q0 {% r! r$ n74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% I' J6 m0 Q& d0 y9 ?: vpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
& w% x: N3 _! v1 dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
9 s2 b. h1 H5 q! I(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to0 |; |3 I7 f# i3 _2 I$ f! q( d
Canada to the time of release;
! u4 l4 {0 e: l& ~(b) the quantity released is less than the quantity in respect of which duties were paid;3 e6 Y9 |% j$ i! a9 D8 e
(c) they are of a quality inferior to that in respect of which duties were paid;! S2 Q6 Y4 s  _
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential: i( n+ Z, @% z& z3 x
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the9 F, I% V1 R$ p# G
case may be, was made in respect of those goods at the time they were accounted for under
$ a( q' c: v, ~& Csubsection 32(1), (3) or (5);
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& @/ @, ]1 Z" D(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
$ x; B* O! U8 n% Z, Upreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) a* J0 W' Z" h7 P% }: O( {accounted for under subsection 32(1), (3) or (5);9 V0 L/ C8 b5 r, e; W0 t! ?
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
9 a- i+ V5 t6 C1 N( U(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' H7 t! L; n1 V" iof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
4 n& ]/ }/ g- r) {$ D1 p1 cvalue for duty in respect of the goods and the determination has not been the subject of a decision
3 i; F3 C8 J& Zunder any of sections 59 to 61;$ }2 Q+ S. e  E8 H6 a
(f) [not applicable to non-commercial goods];, y1 U, t' q, F/ W
(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 o/ N' s/ _1 h
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
" X; n) y. y5 l0 {' Ron tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; |6 Y5 s, _) G* x7 V) D, a# Pthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ J4 ]2 ~" d' D  M! @  j
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) O4 p% M! A% Q: q3 |  b  z( H
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
4 s3 c; n0 |% M) }  u" O/ _5 z$ T(3) No refund shall be granted under subsection (1) in respect of a claim unless
) W9 S8 ^$ `$ i& v( \/ x(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) a+ i/ L& `% z% grespect of which the claim is made or otherwise verify the reason for the claim; and; M; \1 p1 I% k4 ~5 g! z
(b) an application for the refund, including such evidence in support of the application as may be
- d, O3 {3 Q1 |% C7 S3 [* G" wprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the0 b8 n5 v2 W$ u- H$ l! }
prescribed information within
4 W& w8 I* S8 F/ z: C. W(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
# x& i7 o6 {! L, f8 r! d3 c$ hor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and0 g/ P9 b0 h/ i' V& H
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods- O# j9 W/ G4 t( _
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.% Z( k/ o9 I% v2 r0 H& D' n9 ]
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of8 G. [3 h4 U1 ^6 d/ M* k
this Act as if it were a re-determination under paragraph 59(1)(a) if
; \% R* Q1 R  x" y( F(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
% `, D3 _. q; p- u, c6 y& Wbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not7 O2 w- W- n, ^: ?, x
eligible for preferential tariff treatment under a free trade agreement; or+ Q; f9 \) e! F5 y- _! B# s8 b
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 b/ `! r; D! |  A  _
because the origin, tariff classification or value for duty of the goods as claimed in the application is5 t8 d% m' c: `+ D$ i% M0 C+ @. [
incorrect.
7 }: o% R0 S6 O; Q' j9 q1 ?(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
( D" p/ C6 p; D6 C6 Q* m(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" f% x# ]5 i% [! X. K% q& h' Yother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) c4 x! U0 G  L7 T3 v9 E7 x
were a re-determination under this Act of origin, tariff classification or value for duty.
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