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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 Importations1 F0 O/ r# M2 b/ p
上面说 非商业 进口 可以免关税?2 Q* W3 o# m4 M; a$ \/ ]( y" F( _: a
5 Z* v# s  [8 I; P, O
" |( I' L, C6 ^$ Z  r" v9 _

0 U! R, v' o. T: ^& xhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
+ ~% v7 f) P8 ]9 |3 C7 }- D" e3 p/ o1 k  k0 H

6 T7 H+ n# {9 R( {- u$ z4 B2 FRefund Requests
  @- I8 [" E8 W$ s" o0 A2 a74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
+ _! b! g  n$ H& b& F1 E" G' k2 C1 p! jpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
$ u; |" E* w5 b* O9 n5 h  D& `of those duties, and the Minister may grant to that person a refund of all or part of those duties, if& N2 n: Q0 j' j" `; e( I% Q
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
; a. L5 A# J* m* sCanada to the time of release;
# o) g& `  Y$ F" U" w; |(b) the quantity released is less than the quantity in respect of which duties were paid;( h9 a& s- a* W0 Z& B4 s% l. O
(c) they are of a quality inferior to that in respect of which duties were paid;0 w1 @) s' r' E. S2 r
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential# D7 K4 Q$ u/ P& I0 U
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the2 k' G- g" X5 a* i5 d
case may be, was made in respect of those goods at the time they were accounted for under
+ i/ h% J! U5 N) h$ msubsection 32(1), (3) or (5);
: m3 k6 T! S" @" S31 V# R/ d0 S1 r/ c2 y) ?3 q+ }
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
. w/ Z3 w  F, i' I9 xpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
( F) N5 a4 H8 F. S5 }! S7 Uaccounted for under subsection 32(1), (3) or (5);
. W& X4 V( N9 @; x$ e' U(d) the calculation of duties owing was based on a clerical, typographical or similar error;
' O) \" W" z+ Y(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)3 k0 G( J8 x  w( e/ @: F5 p6 u
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
8 {/ l9 s: q3 X1 Q5 bvalue for duty in respect of the goods and the determination has not been the subject of a decision
0 M4 n: v# @9 C& k6 a5 Zunder any of sections 59 to 61;
# k$ y6 W; e+ g' u7 S+ r) t(f) [not applicable to non-commercial goods];' L, X# I. s' d  {- _
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
( b; c, z( L6 [; |& H7 S(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based- K& [2 K" \) w: v
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; t$ c/ B1 e0 ?this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
2 d/ n& _% y5 T0 m+ G(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
+ k2 L$ B5 p$ A( T; m6 Ounless written notice of the claim and the reason for it is given to an officer within the prescribed time.  g: ?  H/ I. h' d2 I1 |
(3) No refund shall be granted under subsection (1) in respect of a claim unless" @' M4 c2 ?. N2 p
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
# T5 n  m2 ^$ B! M; }7 p- zrespect of which the claim is made or otherwise verify the reason for the claim; and
+ B9 b- ]9 G$ f# z: m2 [% Y(b) an application for the refund, including such evidence in support of the application as may be0 J% c4 [1 V" i. l# W5 w. {" }
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
( F7 m( \7 Z3 Q! Yprescribed information within% T- v) J6 P. k" x* F
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
7 ]: t/ l; K% Q9 W, z, b& b! [# Ior (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
& c$ V  _; i2 @+ M# R: v4 h( N(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
7 |3 T& @& }' I! Wwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
  H- m  p2 H" [  M: k(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
+ M: g6 ^5 {/ q- {" d' p6 R- zthis Act as if it were a re-determination under paragraph 59(1)(a) if
7 X, V/ U' [0 z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
. m3 i) m( M$ g' K* E5 Pbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
( l/ m1 o' O4 [; p  Ieligible for preferential tariff treatment under a free trade agreement; or5 ]& Y( h' o0 ?# M0 E) n; ?
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied( K8 z7 e( B1 M" h6 X2 r
because the origin, tariff classification or value for duty of the goods as claimed in the application is7 y3 l" |) @' ]0 {7 O% K
incorrect.
7 r; v! q1 J, W! n) n" {3 D6 e; g(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ y( j* ]( D) S' Q0 q(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground/ Y, V. V# m/ }
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) T& g( [# |: {( ~: B
were a re-determination under this Act of origin, tariff classification or value for duty.
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