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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 Importations2 \" d9 {8 s: y1 I
上面说 非商业 进口 可以免关税?) T8 \! g5 w/ o  ~. R  `
. Y: v: ^8 r% o$ {9 [3 ]
3 R/ |) u8 l" a/ u8 S- u* }6 i
% ]6 [% l: X2 d
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf# d# {' r2 D# r' w0 \; _6 b0 {) v

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& d3 e! ^: S% [8 k" ^/ ~Refund Requests
2 c! V5 }/ {3 {+ L3 K74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
8 O' J1 G) i1 R& ?) x3 ]- x8 upaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
( W% l5 v  x, v: F/ i8 }of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
' i/ |; ~  ^) x6 V+ i7 {0 J(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) }+ d' z  O* aCanada to the time of release;9 h' X6 p0 c* u( y+ M
(b) the quantity released is less than the quantity in respect of which duties were paid;' y# d. `3 q+ v5 S' j6 L' V# u
(c) they are of a quality inferior to that in respect of which duties were paid;
$ B0 y% }) w" N8 S1 Y: ]5 i(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
; E% p) c; g$ f+ V; C# s' Atariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
  a/ M" m1 w* m% E' ~9 t6 |3 c1 Qcase may be, was made in respect of those goods at the time they were accounted for under
/ m4 ?5 u& A: Y+ P6 @8 a, |subsection 32(1), (3) or (5);# i) D" Y" L( q: N4 r
38 L; i  {5 q: I
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for( z1 |8 W2 M/ [! i" x7 G$ t
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
6 @! P; k8 C3 xaccounted for under subsection 32(1), (3) or (5);& f! `! W- y3 `
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: }7 D7 y: u. d* |. S4 y1 T(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* f: n/ e' f( i! \; _/ }
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or; X) h" {% B4 l$ R( p
value for duty in respect of the goods and the determination has not been the subject of a decision
* ]1 M$ Q" C3 v+ wunder any of sections 59 to 61;
! P' \! Y" p" [, k$ Y6 T(f) [not applicable to non-commercial goods];/ q8 l1 Z* l' A+ `1 g
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
5 T$ o) ?: z4 P, P(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
) l5 z  }7 R: s$ ?, D: J- ]0 con tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 o) u! Q3 L" J
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
) e1 }. x: j/ A1 d2 N& q1 o; G* i(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) j. S  y8 u) r: O7 Q- dunless written notice of the claim and the reason for it is given to an officer within the prescribed time.* h9 E8 y' u7 ?) K
(3) No refund shall be granted under subsection (1) in respect of a claim unless4 _% m  n, ~) |; }( i
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in5 @) ]$ g8 m- f% W3 K+ ^1 J, ]2 V
respect of which the claim is made or otherwise verify the reason for the claim; and
* N) V! \, r  M7 n1 ~(b) an application for the refund, including such evidence in support of the application as may be
) c; ?  q# e4 K' I$ C% k9 S! c1 A5 s, Zprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the) f) A" G8 V) m( Z5 x, G
prescribed information within/ N; N8 U) P/ C3 ~- N8 G7 e3 y
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ K9 s8 e( h+ t+ Y
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 P* j( G! J. K8 v4 e. k% a
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
  D& O* @/ C4 Q6 |$ h5 Fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.. y/ l$ p5 k5 U8 D! ^. w* P* O
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
, u- a& N% n4 d0 R1 \5 Fthis Act as if it were a re-determination under paragraph 59(1)(a) if: n# z1 V, {* A6 P( u! k% o/ z+ Q) S
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied% x) V# l( _3 d1 S6 S/ a
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not/ R5 H+ v5 l2 @; U" D% s  }/ m2 Y  v
eligible for preferential tariff treatment under a free trade agreement; or
9 v0 L/ l3 L. k. z(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
! R6 X7 g# A1 u. S) C7 Sbecause the origin, tariff classification or value for duty of the goods as claimed in the application is' d( i7 Y, v; p+ }0 g
incorrect.# [9 b: b9 j* F- B, `) @$ O& g+ O) {+ ?
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
( w* B0 t* O) @$ [: M: V(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
  T) \& a' Y5 _- a1 @7 Qother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
4 y9 q( u- T) A% D, [4 mwere a re-determination under this Act of origin, tariff classification or value for duty.
4 I& c$ b. K/ X- m: p* ?6 y$ X
2 M+ n  _9 s. S$ a. H这到底是说可以还是不可以啊?
理袁律师事务所
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