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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
4 e3 i( t$ Q" [上面说 非商业 进口 可以免关税?
& O: a8 c& \$ U7 d
9 \- z2 ]" y. o: b3 V1 n5 I7 K/ o. e( U9 n" M- d
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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, h( y3 X" K8 H7 s5 N" lRefund Requests$ g1 x# [5 u7 P5 `
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ D2 H& _% R& z; Tpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part+ S+ g. k7 d' n7 k( \+ v9 P" d
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
1 F8 }0 g  C, }) C" v) t& h% Q* F(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
+ R/ ?" B7 N# N+ p5 @6 e- }7 J" j" lCanada to the time of release;1 j. M" S) P* C% F5 I' X
(b) the quantity released is less than the quantity in respect of which duties were paid;
6 c, F  ?6 k3 J: d1 {2 s$ a6 M(c) they are of a quality inferior to that in respect of which duties were paid;
8 x$ c. @$ u6 A1 t4 @(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential$ F7 v1 R3 _7 h/ i$ U. g- p
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 v( p7 {" z' ^1 Q# z+ ncase may be, was made in respect of those goods at the time they were accounted for under
4 M) D0 K9 n2 ^$ P# o1 E6 n8 Ssubsection 32(1), (3) or (5);3 ~) U% ]0 {2 j/ S) {
3$ T) [3 g$ Q! M6 f
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for" q  X# m# x% G6 D% d4 _
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
* f$ l" N& X6 ^( t6 waccounted for under subsection 32(1), (3) or (5);
+ m% c/ W- p7 l0 q& c(d) the calculation of duties owing was based on a clerical, typographical or similar error;
# U3 N; t! Z* L2 L) d(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ T2 F/ Y' m/ a9 q+ U; Uof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 w5 e6 r9 F. k1 [
value for duty in respect of the goods and the determination has not been the subject of a decision
2 @# b1 F& A6 |5 E( P- funder any of sections 59 to 61;8 _; e! o# S5 U' e8 T0 ]
(f) [not applicable to non-commercial goods];
- y% [$ o8 i  P1 g/ t7 p(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 s' T/ z% [$ j- L4 A, j: H1 d(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based( I' ]& T/ K+ Q; y1 |
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: y$ w; }1 r+ y  A2 a6 Q# s2 Cthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ C% g: B1 }1 w, l
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim/ q3 W: {5 ^, G- u2 A5 h: a
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
8 O1 D/ k9 P) j1 v' r(3) No refund shall be granted under subsection (1) in respect of a claim unless
- |6 M' \9 n2 S% f0 H0 C(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ ^1 H! M- w- \+ D) C& ]respect of which the claim is made or otherwise verify the reason for the claim; and
& }5 P; G$ {0 _  w* s& q(b) an application for the refund, including such evidence in support of the application as may be* B2 y- u4 C1 v  D" G
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the5 e4 }4 l# |% J% H2 B+ a
prescribed information within' s. |2 T4 x# v; l( b
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)  K: D, R. p- n( Q; M
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
4 I5 u# j6 F1 X4 Z! X$ k. N(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
( h" A3 q7 r8 d' P) x% H) @7 iwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) o6 _) Y8 S. \7 m9 E5 D
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
- V6 b7 R8 ~" t" c" _9 g: o* ithis Act as if it were a re-determination under paragraph 59(1)(a) if
. Q8 q9 V/ ^9 H( O% ~5 @4 x7 w(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
1 e+ K5 L' G  m, e7 l5 e% c9 Tbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) j& J, j( u, V  N
eligible for preferential tariff treatment under a free trade agreement; or
6 b7 O/ q* G! e- E! n# L. Q(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
  {& _7 |( J7 C' v. l' vbecause the origin, tariff classification or value for duty of the goods as claimed in the application is& [4 d! q. r" Q9 \3 H# I6 ]# G3 z5 r( Y
incorrect.
* u* `! c& L0 p7 P$ i(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 M+ b( b1 y5 h# R$ |9 y8 V, H' I3 N
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
& x% W) }9 G/ Iother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
/ _! \6 A2 J' `' _0 Uwere a re-determination under this Act of origin, tariff classification or value for duty.7 _% o) O3 w- `9 v, c( \% e! q
. f; i; q9 A3 d) ]& g) i' x
这到底是说可以还是不可以啊?
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