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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
/ R' ~/ r) j8 j0 ]! s上面说 非商业 进口 可以免关税?/ Q  B# n4 X+ t" \6 Y& [

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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf) S5 e1 s! b' [: u/ G8 T

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- Q1 t; E5 D7 a2 k' R1 r  {$ oRefund Requests( u- p5 D' P( c) ^8 O& M2 J
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
8 q8 w( p' S, u+ V5 G/ ^' Lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
8 d) `) v. ~7 R; x& O/ S* h6 iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
1 }/ z. k" U+ t. F3 G(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
8 O+ O: |8 G: B; _6 y# d9 eCanada to the time of release;
. ~" N( x! P. @' u2 A7 [  A(b) the quantity released is less than the quantity in respect of which duties were paid;: x5 E0 i# e$ J5 N& v9 {) j
(c) they are of a quality inferior to that in respect of which duties were paid;
2 j6 p& T6 U1 M# N. e(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
/ _) U0 M7 S; N0 O) mtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
" ]. k3 W, y6 ecase may be, was made in respect of those goods at the time they were accounted for under0 Y; p  ]; [; g, L
subsection 32(1), (3) or (5);
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3 }$ @3 j2 c! N( w. K9 \(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
. ^2 V8 I5 q, H# e1 ^7 [: x" }  z4 B. epreferential tariff treatment under CIFTA was made in respect of those goods at the time they are  S6 n  O" d2 ~  v
accounted for under subsection 32(1), (3) or (5);& J4 n+ }. E, ?3 d7 t2 p$ X: ]4 j
(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 `# u: @5 H# k+ I
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
2 E& l! O! J# _7 ?of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 N/ X7 c" a) }/ M
value for duty in respect of the goods and the determination has not been the subject of a decision
+ a/ V/ L. }' X7 l. a, lunder any of sections 59 to 61;
2 q( X# w7 T; G(f) [not applicable to non-commercial goods];6 _, [% A; k0 X- ?0 O7 u  L) r
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# g9 H% q  U2 L7 ^, ]% I" I(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
/ y  b" [& ~7 \# ^on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) F  q- V, u9 H+ D4 G* Vthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
+ M' D8 Q( G" Q' @# z% n/ y4 v( o  Y0 N(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) ~. y7 H8 J: D1 @8 Kunless written notice of the claim and the reason for it is given to an officer within the prescribed time., |1 L; P6 }1 R8 n0 m
(3) No refund shall be granted under subsection (1) in respect of a claim unless% K# U( f! J! Z
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 m8 H0 f9 K& g& v% c" U8 b, R, g
respect of which the claim is made or otherwise verify the reason for the claim; and: F' U% Z6 }6 v0 b( F
(b) an application for the refund, including such evidence in support of the application as may be% }  ]7 }6 x! `2 l
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
  z  z, Z' {7 U* wprescribed information within
6 U3 `  C. ?6 m(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 j- @* ~8 i2 C/ [; i( }5 oor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
" I& q3 }' d& \$ |& Y2 S(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
( a' E: }4 w& owere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed." S/ G8 N3 S/ J/ o$ V5 p' Q/ O
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
% }5 H# J0 P9 q) jthis Act as if it were a re-determination under paragraph 59(1)(a) if" t5 W) o! E4 V  A% g" F: y) |$ c
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied3 g! F: v( C4 O: {9 b- w+ Q# E: l# R
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not( B" y* [! p4 L' Z; C+ Q6 ~; O
eligible for preferential tariff treatment under a free trade agreement; or! ]& [" Z$ z3 B/ E' S& p
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
9 X" R: `- p( S1 K# Vbecause the origin, tariff classification or value for duty of the goods as claimed in the application is# S* M3 ?' c. N9 P% v! g; z
incorrect.
4 B/ c) o5 `+ |2 a$ j3 _(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),/ ?( D5 C& s% y0 S' Q$ s
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
; b6 t7 h& }1 T+ Z. ?other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it! L, u7 P" ~! k# w# l! _
were a re-determination under this Act of origin, tariff classification or value for duty.
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