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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% b; b% M5 K9 q, }3 c+ w
上面说 非商业 进口 可以免关税?
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8 S  l4 I  t: F2 P3 n. ^% a( Ihttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf9 j9 A9 Y% U1 [/ j6 \; H) p; `% V  |4 ]

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Refund Requests
& q3 i* O& X0 s) [3 F74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
0 W6 L* H# F7 w' Epaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 m, q7 d8 N$ W0 w* }. _" Iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if) ^* G# V5 y- t# O2 X5 m
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to# t4 c% N8 K$ }9 R3 n2 C
Canada to the time of release;
/ n+ `  {2 X! p' v% p7 ]$ }(b) the quantity released is less than the quantity in respect of which duties were paid;. l6 _7 b& a: A, Y& M
(c) they are of a quality inferior to that in respect of which duties were paid;! c" {8 l0 G3 s. S
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential2 D# l& [4 D8 r! }
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 O6 ^6 d" N: o2 q# i5 hcase may be, was made in respect of those goods at the time they were accounted for under
; m, _# I) ?5 t1 B7 t! xsubsection 32(1), (3) or (5);
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8 d7 I$ V" L6 r8 S$ M$ y/ ?(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
* C8 y# }: J0 u! h1 Mpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
  P' h7 y+ G( W2 Yaccounted for under subsection 32(1), (3) or (5);
2 i8 ^+ K2 P7 E/ K& w(d) the calculation of duties owing was based on a clerical, typographical or similar error;
5 m8 M( Q0 h2 z6 u4 ~(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)( \1 a8 U* ^  e
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
; A0 Q" A1 k3 V; L8 Tvalue for duty in respect of the goods and the determination has not been the subject of a decision& U3 I6 ^' K& |( q% `
under any of sections 59 to 61;$ ^" \3 N- _- S0 k7 w
(f) [not applicable to non-commercial goods];7 ^+ J- U2 A) J6 A
(g) the duties were overpaid or paid in error for any reason that may be prescribed.- q) l0 l4 f) l3 u
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based" D, `/ m4 D' I, o! H
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 R% }8 R/ |8 R6 H1 }  {" w* p
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).  k  H9 H' W1 i0 a4 u
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
6 X( r2 @' x: `7 q4 ]- Y# s5 munless written notice of the claim and the reason for it is given to an officer within the prescribed time.7 l" B1 B1 w1 P, _& e- J
(3) No refund shall be granted under subsection (1) in respect of a claim unless
' l0 p  \# g6 F(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% g5 I' J2 K) ^# F- E
respect of which the claim is made or otherwise verify the reason for the claim; and
5 f) s. {+ L% u* J) p2 y(b) an application for the refund, including such evidence in support of the application as may be
3 ~6 t2 i) l  O" n/ @2 J" [8 ?6 Sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
* k. ?7 O3 V( I1 ?& S' Yprescribed information within5 L" @' O: G0 e
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)& E" ?  g: [  {2 x4 c- ?, U7 t4 ^9 z
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% P, Z/ S% Z6 u: A(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
$ f3 T) i) M% O- [& o7 [+ u: T% pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
6 X8 U* F# z- y$ e. J3 e(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
3 \/ H5 [8 O, K; R1 qthis Act as if it were a re-determination under paragraph 59(1)(a) if8 F2 V+ M8 `3 a
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' U' j6 I" ?9 w9 m9 G$ V4 r
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
) V7 C# H; H+ _; R, @) heligible for preferential tariff treatment under a free trade agreement; or: k7 F( X& g) S, D
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
) i" ]1 Q  M( G  J  ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is
% L  H1 p( N; a6 k: U: {" hincorrect.5 F% ]- K4 A/ d' y- H8 t% j6 V6 @4 K! K
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),/ w: k5 S3 x0 e" N$ N0 a5 R7 U
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground& I# b+ D! Z. V& Z8 R' A% _( m# D
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
* n* q% d; s0 j$ n8 z/ ewere a re-determination under this Act of origin, tariff classification or value for duty.6 n7 ^  }7 ^& j: K5 C3 c* m+ ~
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