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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
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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
/ L' ~, N/ l5 F& T% [上面说 非商业 进口 可以免关税?: ]( y* x1 s" ~9 x( m
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests: s/ ?' ?( j! j4 S7 S/ s6 W
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who% J! y5 p* Z5 S' Z
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
0 }( |% r: m6 p3 `$ cof those duties, and the Minister may grant to that person a refund of all or part of those duties, if( T  a# p4 x& e
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
. i* B, r' ]2 U) u6 F$ J9 q  a6 dCanada to the time of release;6 _2 d& B, B8 z- v* t% i
(b) the quantity released is less than the quantity in respect of which duties were paid;
8 A5 \, g- z- B& c4 v% Y. t. r(c) they are of a quality inferior to that in respect of which duties were paid;# b; @. k. B6 b  ^$ h5 y
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
' |- H, V+ g6 X- [: l/ wtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& y% y6 ?7 m3 X  s
case may be, was made in respect of those goods at the time they were accounted for under- E8 q5 m1 i. t1 f. U
subsection 32(1), (3) or (5);% {' b9 K/ j! X; |; t) P
30 p8 x  |+ v9 s7 ^7 a/ D$ d
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
" s( e# {" ^/ l$ \/ }preferential tariff treatment under CIFTA was made in respect of those goods at the time they are' g, J' i5 c  Q8 u* p2 B
accounted for under subsection 32(1), (3) or (5);
3 e6 ~- U4 R% i7 t(d) the calculation of duties owing was based on a clerical, typographical or similar error;
$ q6 O; u* L. _) l4 W(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
) s) R5 [) `) W& aof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
. \  ^" R8 h" L8 Rvalue for duty in respect of the goods and the determination has not been the subject of a decision+ c3 b7 C2 h  F1 w! R, c% b
under any of sections 59 to 61;
; @$ X" S  _+ c" E(f) [not applicable to non-commercial goods];( f: K* ?( l% D* n8 L, t
(g) the duties were overpaid or paid in error for any reason that may be prescribed.+ {- ?6 i8 m  O* ~) }, [4 M" l& |
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
- d! Q3 Q* I. u  ^# v+ mon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 C, |) d/ q6 ~5 K9 b; K" |; U
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; h: ^' P) f# y: a% ~(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim. Z1 x+ E3 B( W( h
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.% U3 Z+ O0 b+ W, p5 B
(3) No refund shall be granted under subsection (1) in respect of a claim unless
7 c0 w& a: @9 ](a) the person making the claim affords an officer reasonable opportunity to examine the goods in
  K5 D: S8 T6 o* ^- ~+ p  H5 irespect of which the claim is made or otherwise verify the reason for the claim; and7 ]9 I4 p2 m: y# J. _) u; K
(b) an application for the refund, including such evidence in support of the application as may be
" e" J7 Z) b+ Sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) ^, J! ~. Y, N# F7 J/ Pprescribed information within
; X5 N# `+ v! T: T- n(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' c- [+ ^. ]- o, Y
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
: v& F4 j( g" D& j3 x8 G(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
2 |7 y' j! j5 g1 D  z5 a$ s% Z- n* pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.% z8 x% C) [! i6 ]: f0 k0 |8 w5 r
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of2 s: W# r) A1 r
this Act as if it were a re-determination under paragraph 59(1)(a) if
0 M1 Q0 A- v& E+ A2 P) z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
. Q# K: U* H7 C: p' T9 Ebecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
' N) ~) v  C6 Q: K4 zeligible for preferential tariff treatment under a free trade agreement; or, _! Q* g8 P4 A9 `8 ^6 |' y; I- C
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. E: h* R( _( `0 n2 f; V
because the origin, tariff classification or value for duty of the goods as claimed in the application is% a9 J: L7 _, j  B0 F" ?
incorrect.
9 t" S. n: [; L(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ X" O7 l& [/ E! K9 E8 e
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground' G" c5 ~% z& `- f3 ?, f; P/ i/ K/ H
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it1 e* s( a( w' R) o$ ~6 O( M
were a re-determination under this Act of origin, tariff classification or value for duty.( D9 W' ~" P5 ]1 o5 N
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