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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
6 N- G! j2 G- o3 r! H上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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, u3 Y8 j$ {; ~; j7 G8 HRefund Requests7 q8 B" f) m1 @8 K
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
( x% m, u0 I* s3 J& \% l( spaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part% Z5 [/ v- x( p1 R8 E
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
% m/ Y+ A5 ?) k* |8 e* H. ]5 o2 a# c(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to- D9 ]& S. v* Z6 R% I
Canada to the time of release;5 v, m' h& V" k6 E
(b) the quantity released is less than the quantity in respect of which duties were paid;
1 f' i1 b' L* A% M% ^(c) they are of a quality inferior to that in respect of which duties were paid;. v* T& _, i6 Q& {9 \* Y
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 @$ \8 {' z. {3 Wtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 U; D7 ^$ f3 O$ acase may be, was made in respect of those goods at the time they were accounted for under, r/ i' H" d# B% m  m  V5 H7 E, N
subsection 32(1), (3) or (5);
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8 z; t- h1 J! e(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
$ @7 D, M8 Q( k1 tpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
: U; T- w& \; I% m9 S$ }+ }accounted for under subsection 32(1), (3) or (5);
4 k# N( m$ R+ {. D/ ~- p: B3 W(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% m# g5 k4 ]* p- f) ?; D0 {1 C(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)" ^' Q! }$ g5 ~
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
) _: ]: L$ c3 ^value for duty in respect of the goods and the determination has not been the subject of a decision) J; n% Z4 k8 j1 G% Z% f+ ]
under any of sections 59 to 61;3 h* \) ?4 m" B3 f8 w1 W( ^& d
(f) [not applicable to non-commercial goods];0 F, o# c7 B- s% C  `* e. d) ]% U2 r
(g) the duties were overpaid or paid in error for any reason that may be prescribed.* _  S1 }+ V/ z3 i, Y. v+ a
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
7 _0 t* b2 \" g) p( e$ ron tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
' @6 Q5 C1 I( Y" c$ Athis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
5 G' J4 |4 L+ m5 F(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) P: r- Q, |2 v6 zunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ ^3 I8 S, L% M0 i8 i3 Q( u(3) No refund shall be granted under subsection (1) in respect of a claim unless' [1 `( v  O0 [
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in' `6 x- k  j- p4 @
respect of which the claim is made or otherwise verify the reason for the claim; and
. b0 _/ T! A2 B+ f# }9 B- q# l(b) an application for the refund, including such evidence in support of the application as may be
1 Z2 a6 ^- [6 ]3 H! Gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
  Q; \1 Z/ M1 X1 Rprescribed information within
& B$ P+ O; v2 U; Z; d(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)( r3 {0 `! Z( `5 ]0 J
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and$ i8 j! X5 y/ K/ r9 N6 R+ _
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 X5 g9 \9 Q" L- q
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
4 y1 e- j) K% c4 B# B6 Z. a(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 F# {* T' Y+ [( _$ Hthis Act as if it were a re-determination under paragraph 59(1)(a) if
# b9 J9 n, Z  l! z0 i2 }(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied" M) u% x4 j# A' U
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not$ V5 m; c% Z7 g& `  Y& Q' P
eligible for preferential tariff treatment under a free trade agreement; or
( B- q! \  _% b8 ^+ A1 w(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
! g) ^$ ~# b- [! S4 q# ]because the origin, tariff classification or value for duty of the goods as claimed in the application is8 [+ f$ K# M9 [8 S% l
incorrect.
( h, _% ]0 y- i( J6 u, \! O(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),. P+ c1 U% z2 A; t
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 F1 Z. G5 h, I8 _. H  d  Y9 B
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
5 @1 X. F! y9 _" w9 Ywere a re-determination under this Act of origin, tariff classification or value for duty./ h; V1 `  A- D5 }  ]9 c

6 h+ S( k8 Z: {( e3 f这到底是说可以还是不可以啊?
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