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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% Q5 d. f! J8 C
上面说 非商业 进口 可以免关税?
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$ K; J* f& m+ w7 ?! p6 f
* B* z. n7 V/ r$ `
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf+ g1 G1 f& E1 j
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5 \; G: `& t( B7 t8 tRefund Requests0 e& p$ e" s4 F. T6 F# g, f
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who" o' ]& Z: f$ t4 o& o$ {3 n# j
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
. J/ [+ a2 p( Zof those duties, and the Minister may grant to that person a refund of all or part of those duties, if# h, ?: P7 e3 A9 k- }" t
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to5 Q0 q$ i+ l+ B- |. R" N; z
Canada to the time of release;
2 @& t  `2 h" ^! w# v3 h' `(b) the quantity released is less than the quantity in respect of which duties were paid;- y: X* d8 O" w* C9 q1 t
(c) they are of a quality inferior to that in respect of which duties were paid;
: W) x: K, o- a8 f(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: O+ y7 p- g' Dtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
7 S* K; G( j/ d% }, k6 X/ hcase may be, was made in respect of those goods at the time they were accounted for under
$ W) k* K' _: ssubsection 32(1), (3) or (5);7 o' j) R, ~& @- z/ j& D* g
3, S2 L6 f9 a7 `9 @; |2 S
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for3 p5 E. Z- G: ]9 G
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
% V6 l$ |: }7 a4 Zaccounted for under subsection 32(1), (3) or (5);
. w0 U) y9 p, c' @! y(d) the calculation of duties owing was based on a clerical, typographical or similar error;$ x/ n& s2 E& t
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
" @3 n! \- W" H4 x8 Nof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 [* q; C; E' f( g2 J7 X
value for duty in respect of the goods and the determination has not been the subject of a decision+ S  }0 N: ]' `( H
under any of sections 59 to 61;' }" g. j) \) u7 R" B
(f) [not applicable to non-commercial goods];, n) K- g( N. L, l* X
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
1 T" K9 v) p. h, E; x(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based4 F. R! L2 k5 U' X+ A
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of2 N) N5 @- M4 x
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).1 ^; c& m6 p( o$ p) t
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
4 R* M' t; W4 T* Runless written notice of the claim and the reason for it is given to an officer within the prescribed time.$ P/ [! s# [6 V5 r# w0 u
(3) No refund shall be granted under subsection (1) in respect of a claim unless( J) i0 S4 m/ P% |
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( c. G. y6 `' K) p$ \+ S4 I: O8 }& frespect of which the claim is made or otherwise verify the reason for the claim; and% c- l$ Z3 @" m6 j. D
(b) an application for the refund, including such evidence in support of the application as may be
: D! K3 G! q$ Mprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the. p# f; v; @3 b$ {
prescribed information within' s2 }, y) {( I
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)8 `6 R7 V8 k' [* b$ ^
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
5 H7 v+ }/ s' W; L6 U' l' q(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods! ~1 i& z% e1 t9 R9 ]5 b  b" Q# s
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
8 j/ V4 ?/ m+ q( [) g2 S' b(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" O+ `: ]. p' @) k" s1 @2 tthis Act as if it were a re-determination under paragraph 59(1)(a) if
3 c% S: G8 a$ t& j) D7 B/ c(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied  I( s; r! v$ |2 {: t9 e3 |
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 s% b5 h5 d# yeligible for preferential tariff treatment under a free trade agreement; or
9 j# w" m% k8 o$ }) ^6 F(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied! a1 d( |1 G' H  q
because the origin, tariff classification or value for duty of the goods as claimed in the application is  a' n0 I; {# O% ^( A: V
incorrect.
8 h* P) h) D# g+ U- E(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),+ s+ _/ y6 t0 |: d9 g
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
: m4 C% R# l% }6 M. g( `! zother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it: @) y2 I! v9 ]: M1 W, U7 @! m
were a re-determination under this Act of origin, tariff classification or value for duty./ V& i) f( k, Y4 t0 p  U

. X  C  x* I5 i  F7 g1 p  j# a这到底是说可以还是不可以啊?
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