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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 Importations2 O9 z) t& u0 A* q
上面说 非商业 进口 可以免关税?
  r- E1 N3 z" o( n. t0 n! m3 z* Z1 E, ~$ A% i6 A* E; P+ X

$ c. e. ?* h7 \- L# {
  g) p+ r5 r; y' j  m) l0 Z  y" n0 M. W
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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) }6 m' }  l5 u$ U& H6 i& V; L% ^' _0 `8 [
Refund Requests2 z2 i2 x2 V- V, S% R, R: b
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 J" W7 M  `  c# T2 s' P# Q4 ]
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" z6 O8 S/ X. ]( Y( m0 f& p" zof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
* C8 o  g8 A' q2 U( u' `(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
! P5 q* v0 h- ?- ]Canada to the time of release;, ?. T' v/ y! d5 ?, s4 m7 x
(b) the quantity released is less than the quantity in respect of which duties were paid;
! u! q- M5 U4 I(c) they are of a quality inferior to that in respect of which duties were paid;
+ y; Z3 b1 B; a2 z, U9 L(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential+ H* Y& u- G& ^
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 H$ ^" `( H$ R1 P2 s5 c" lcase may be, was made in respect of those goods at the time they were accounted for under
" m: k1 a- ?) s/ i3 O  I3 F! V$ b6 Fsubsection 32(1), (3) or (5);
  Q3 M; A" Q/ B) A3
+ k0 ^1 [8 h: O1 i(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
+ p( @4 x8 p; Q% n5 ?( X" @% Gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are9 _  E) |1 R+ B; W, J
accounted for under subsection 32(1), (3) or (5);
( n/ B; M, F/ I' |(d) the calculation of duties owing was based on a clerical, typographical or similar error;
+ s& m7 s4 }1 u# X! h( o) A0 D! L(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 J8 |$ z! G8 n( ^6 i& F: ]
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 X- A) L! B* Q; j
value for duty in respect of the goods and the determination has not been the subject of a decision
( J! L: [) M; e. V% c. m7 A+ p5 Dunder any of sections 59 to 61;! ?9 N6 [' |# b8 X8 c& \; S5 Q9 M
(f) [not applicable to non-commercial goods];
% o2 c; ~5 o+ H6 r% A! _(g) the duties were overpaid or paid in error for any reason that may be prescribed.  k- r* l' V" y" x& F9 w
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* P6 |2 I0 i% R6 m; s$ I. ~2 n4 B2 b& P
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
" R. W+ C3 x( D  R9 ?1 ?this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
2 f' X/ ^7 b- B4 \6 p" L(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim. t) ^& x& R' x, P/ F' S9 V
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ Y2 h- Y4 t. n) e& ^* Y0 N(3) No refund shall be granted under subsection (1) in respect of a claim unless8 t" c4 w$ C8 @6 B1 U
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in8 {9 m' w/ e  y7 u
respect of which the claim is made or otherwise verify the reason for the claim; and: I3 K+ P( ~& a8 t2 M
(b) an application for the refund, including such evidence in support of the application as may be
. H: P* A+ w0 h6 kprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
5 [) M% n$ B1 O2 L+ hprescribed information within) y& u! a0 R- |5 t6 C+ b
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)& y1 y! b+ |& s3 E: c0 @2 m$ D. v$ z
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 \+ A3 _$ [( v6 f4 T' ^+ c
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
! u9 Z" \1 H% p  Kwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.% d* ]% A8 I. b7 ?
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of  \6 H  Z/ b4 d) ?
this Act as if it were a re-determination under paragraph 59(1)(a) if( w: a  O! }/ Y7 W# L
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied1 U& R7 w8 S  O: A  m. `
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& t4 K" X/ Z& w' L; d- Z% x
eligible for preferential tariff treatment under a free trade agreement; or9 ^8 j2 r: c3 d/ F; |* ?! P5 Y
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
8 }) f: W$ _, H: @6 ~' O! _% _6 ~because the origin, tariff classification or value for duty of the goods as claimed in the application is* O/ e7 Y, O7 J# p8 ?
incorrect.% x' A1 S# J* L; b% }  c
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
: f7 o. ~1 Z( y* ]/ D2 B(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground/ Y+ B' c; k; Z) Y- P* I3 l7 l- c" e/ D
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
+ b9 p8 b8 T( ^% e9 Lwere a re-determination under this Act of origin, tariff classification or value for duty.
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. U5 a% F$ l0 D; o% e5 T这到底是说可以还是不可以啊?
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