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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
; Q4 y! d4 B# P8 d( j! u上面说 非商业 进口 可以免关税?
3 W- }, \# a/ \  `$ L: y  N8 H) r: j! |8 [2 g0 \

) \/ B7 X& V0 u. c1 V) z- e8 o

5 `0 A) m% `2 {# c' W9 Ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf: t3 F/ u+ y1 Q  S# n/ q
2 J5 Q3 v% b: @2 b' w

+ _4 W' S5 v0 n3 ?Refund Requests
4 }* ], a# X2 _& }74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who/ J: W! `2 w8 e: }7 X
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part/ L0 Y* x8 ^1 U* I) a7 X* h
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
0 T: M1 c8 d9 ~9 B" t0 d(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 D" r9 b8 |+ B3 S6 m0 r
Canada to the time of release;/ [; J8 z3 o2 v# Y4 ^
(b) the quantity released is less than the quantity in respect of which duties were paid;
9 J3 \8 I2 F  T2 w" a  N(c) they are of a quality inferior to that in respect of which duties were paid;
  Y  M& P8 I, ^+ q( r3 V. q(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential8 v; ?2 {+ k- f" D! Q( n% o
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
% h$ ]2 h+ M" t) T( }case may be, was made in respect of those goods at the time they were accounted for under# P! z. A$ G) s7 A! d0 x
subsection 32(1), (3) or (5);
+ \  R& b: f4 Z/ Z3* M2 q1 V4 A- i" S
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
5 P8 d) o7 y5 V4 N  v& F+ g* L" ppreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 ~( Z! c3 P# [# [- I% yaccounted for under subsection 32(1), (3) or (5);
% P# d9 \& `* p! g0 K" g(d) the calculation of duties owing was based on a clerical, typographical or similar error;
' Y+ `  |9 j. p. M4 G& _& I(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
* c0 a& r) ?* ^of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or& Z: h2 v  s- ]! W1 ?
value for duty in respect of the goods and the determination has not been the subject of a decision; O* u6 P, _" B: B
under any of sections 59 to 61;
: C4 f0 r: O! O(f) [not applicable to non-commercial goods];/ k2 x, D6 ?: [4 w
(g) the duties were overpaid or paid in error for any reason that may be prescribed.' F; z9 g) x* B. Z
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
1 p) Z+ d* c! z8 Z" ]7 mon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
, O+ V# W$ P4 w6 p& Z' D8 e/ F7 u5 Rthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).% d  C' @6 n2 t7 a. K
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
9 U/ }1 p) o' Y5 C9 {; a9 e. K: f+ Hunless written notice of the claim and the reason for it is given to an officer within the prescribed time./ D4 d5 U1 N2 {0 _0 b  o
(3) No refund shall be granted under subsection (1) in respect of a claim unless5 ~6 Y' Q  q: ~8 C$ s
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
* W( M8 U6 Y; M3 Z3 o/ Rrespect of which the claim is made or otherwise verify the reason for the claim; and
9 m8 ]$ ^2 X: c( I(b) an application for the refund, including such evidence in support of the application as may be
$ k. W  a& |5 g, R- v0 jprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
2 F9 F% j! j4 g/ I. |5 qprescribed information within" w) P3 E) R; W! i6 i7 v' j
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)# C9 A! G6 Y+ d( v- @" O- R
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and- v5 q6 Y9 ^1 |- f2 L" G! C
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* B. s# H5 P6 I& N& U, e! o8 S
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* O8 K% O* |* x3 S& M! C
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of1 B& W( C% G2 D5 m$ b. f
this Act as if it were a re-determination under paragraph 59(1)(a) if
, @* z. R6 i; E) g- P7 n& P/ K(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' y9 D0 V" E. v- k' k8 d5 V
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
4 w) g: [3 y. R) Z( ]eligible for preferential tariff treatment under a free trade agreement; or
6 k+ O- i5 R  H(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
3 s( i2 I& b& V& A# |' w, Sbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
, z* ]$ \# w# L! |; m4 w: ]3 aincorrect.
3 }. g1 Z+ p. u/ h1 V) k% F(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),! ~. X5 I9 U1 h+ T4 l& i  S
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground; a/ }4 `; B2 k# J4 L0 ^. x
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it$ s5 w9 `$ C( o5 v' i/ {
were a re-determination under this Act of origin, tariff classification or value for duty.
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( |4 N: T% ]% o9 O' Z这到底是说可以还是不可以啊?
理袁律师事务所
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