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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
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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
, q+ u8 I7 c4 `' {# n上面说 非商业 进口 可以免关税?7 E+ ~+ J( h/ ?/ q' p$ Z
! m! K# E5 Q, o7 _# s& ~; Q/ J
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7 m+ g# G8 A. j- P
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf, q) m* N2 A, g, U  w
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1 ^" ?2 E9 n' z  ?. A5 Q% eRefund Requests
; h9 R% E# k: ?2 i! ^3 o1 `74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
. C* s$ q# B" `) vpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part' X! x# H* w% I+ v4 p. d
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
+ Y& }  d8 v! L$ A, w# g- u* }(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
+ H( o% z! u  q& iCanada to the time of release;& d8 G! q* l# S8 x* A. ~- T
(b) the quantity released is less than the quantity in respect of which duties were paid;# k# t- u9 E% r$ Z
(c) they are of a quality inferior to that in respect of which duties were paid;
' z. v+ O$ J+ b2 ^1 ~(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
. n$ X" e* C& {* {# Htariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& ~7 [3 F& J0 P2 n, [* k
case may be, was made in respect of those goods at the time they were accounted for under
2 I. n& e$ h! D" }. W: E8 U# xsubsection 32(1), (3) or (5);* t* z/ X/ u! F) U5 i' G% A/ m
31 K7 t: E% t% J8 Q3 |3 X6 k- t
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for: R. x! @5 l/ f4 F+ D( Z/ ^3 w/ x: T
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 g9 Z3 }: I; Y* I8 e5 E9 o
accounted for under subsection 32(1), (3) or (5);
! w3 t/ y5 m" D(d) the calculation of duties owing was based on a clerical, typographical or similar error;" Q, J6 V& P2 B
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)! m! \: o( I% S( B
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or% v" r! R# J: ?" n* Z8 C% A
value for duty in respect of the goods and the determination has not been the subject of a decision0 d: ]. d0 w, e$ a
under any of sections 59 to 61;9 d+ @0 a0 I0 _0 t0 X1 A
(f) [not applicable to non-commercial goods];: ^/ F5 U6 `, e/ q3 g
(g) the duties were overpaid or paid in error for any reason that may be prescribed.( c+ I1 O; O6 w
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. S2 s4 Y( s7 y- {7 Jon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
' n% T, y; v8 Bthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 R) e5 q% I  K5 W" p* x; z(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
1 ~. F" s5 W2 w  {0 m% M1 \7 T& o3 vunless written notice of the claim and the reason for it is given to an officer within the prescribed time.  u. F" g8 C! I) j) a/ W; Z$ d
(3) No refund shall be granted under subsection (1) in respect of a claim unless0 [6 f5 m( Z, @8 b9 C/ s, {
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in: T) v! g9 U% U0 O. p2 j  v
respect of which the claim is made or otherwise verify the reason for the claim; and
6 h+ q$ U( w6 ^& B% d9 f# v(b) an application for the refund, including such evidence in support of the application as may be' }. M5 K( w. \
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
2 `' s( b5 e4 @3 J  j7 N- S, i) @prescribed information within1 p- N* l6 S9 V5 e  f2 m
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)% X  g# I5 ?& a0 F- `
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 U1 F7 @; x6 E
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 W" d6 f  t2 H! J6 i
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
6 ^6 b/ i+ ~/ M2 ~& R  \4 V' k(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
9 n! N$ W8 U! d4 Uthis Act as if it were a re-determination under paragraph 59(1)(a) if( Y) H; _- m7 W! f
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied6 |: b% Y- L$ m  a. H4 K! w
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 L/ q0 b# }& Y  \, keligible for preferential tariff treatment under a free trade agreement; or7 d/ W1 Y- e% x
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied$ t1 D" _6 m* q9 p8 G: a
because the origin, tariff classification or value for duty of the goods as claimed in the application is
$ y1 ^0 W9 Y* o1 ]incorrect.
5 |, ^$ f$ e0 m2 b. \% k1 N3 L4 H8 B(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),9 J& n* r* V# l4 q# z; D  d
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground4 X' ~) c9 F4 {8 C
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it3 C1 ^. Q4 e2 K
were a re-determination under this Act of origin, tariff classification or value for duty.
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% n) Z/ l  t- G6 R! D& D' s这到底是说可以还是不可以啊?
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