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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$ I# c4 t: ~$ r! B8 r, t
上面说 非商业 进口 可以免关税?
4 J1 w; F, p( W5 {* t% P+ N+ b! o: M  \# [+ m

' v- J! e5 w' t1 X" E  ~( R( T
  Z5 }+ Z6 N( ?1 ]2 D. C& M' w
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf, z0 `+ [. S* ]) C2 f8 m
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Refund Requests: V1 S* a3 t# E. n& a# n! A! Z$ Q6 Q
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
4 I% z; d4 R0 g/ B5 l. ?8 B% L( gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
$ A5 p. U( j; m8 x3 Lof those duties, and the Minister may grant to that person a refund of all or part of those duties, if7 c3 C4 `) e/ T4 |! C7 p/ O8 V
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to; u& M8 n8 q5 D* y
Canada to the time of release;
: _& h) O' ]0 L. w0 @(b) the quantity released is less than the quantity in respect of which duties were paid;0 }! C, `7 V; z
(c) they are of a quality inferior to that in respect of which duties were paid;+ w& @( g5 l+ ~8 A+ f
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: p9 m: w7 y8 `tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
- r$ E7 W1 z+ e' W' O% q9 p7 _1 @case may be, was made in respect of those goods at the time they were accounted for under
! D3 Y5 ?7 P8 I' Tsubsection 32(1), (3) or (5);
) M% j+ ~# X! X& G* O32 `8 ^+ A! r) W' T* m7 B( U
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
- r$ ^0 u7 m+ [7 V( I  `preferential tariff treatment under CIFTA was made in respect of those goods at the time they are+ j6 i/ t5 @8 k. h8 z+ @! [
accounted for under subsection 32(1), (3) or (5);
# ^+ l/ b+ k* K, N; L& `(d) the calculation of duties owing was based on a clerical, typographical or similar error;  E# r$ E7 T( _0 U. b! @+ v2 B6 f5 B1 s: ^
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
& Q' F* T& f4 [6 Y* X0 Kof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
/ q7 O, D, ^  h/ q, w+ {+ Hvalue for duty in respect of the goods and the determination has not been the subject of a decision
: f1 B* s$ h! N* {% Y0 sunder any of sections 59 to 61;
! C6 ?) l$ [/ p) z2 V+ V+ o4 T- n(f) [not applicable to non-commercial goods];
, x1 d. L/ Y2 e6 T. g2 i(g) the duties were overpaid or paid in error for any reason that may be prescribed." J) S7 N' B9 R! A8 w% R- A/ a
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 N3 |- ^! I5 I! Lon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
' ^3 b+ H# ~- X  j" S; r( Mthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
6 V8 g$ D, @9 W4 R) \1 f0 Q(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
  U0 `7 X6 s( [5 ^8 V8 yunless written notice of the claim and the reason for it is given to an officer within the prescribed time., E$ g2 X. W/ j: J' w- Z$ x
(3) No refund shall be granted under subsection (1) in respect of a claim unless
  _; v2 l0 i; K% E(a) the person making the claim affords an officer reasonable opportunity to examine the goods in$ \- D4 n: h+ m: w
respect of which the claim is made or otherwise verify the reason for the claim; and
9 H. o6 q, u; W% D& Z2 \(b) an application for the refund, including such evidence in support of the application as may be9 m  V# g; X1 v! ]7 g8 f
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the. {$ `0 D  c3 i4 V
prescribed information within
+ M7 N0 T0 o  G- X, ~& |' ?' j(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
; T, P- d) F( ?' T. ^or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
+ Q; T. A7 G* j" |(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
8 s; T4 v/ s' e. J, Lwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
, o2 c! A2 E% H$ W& S; E2 _(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
+ N& n+ W9 [/ o6 Q) ithis Act as if it were a re-determination under paragraph 59(1)(a) if
# x' F* w8 p3 S2 h/ D' l; ?(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied: R1 g! W' O# Q( j8 B0 n% W2 |. Y0 a
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 U$ Z, b! Q( o- X: Q5 D/ meligible for preferential tariff treatment under a free trade agreement; or* y: m  g3 A" c
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
7 o7 w" [  m- b" i7 n6 Zbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
- z9 W& b1 H+ D2 eincorrect.5 N; G" Y) T3 @" i
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 I3 a/ {' P" x4 j3 k1 ~$ ?
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
) G0 _1 N1 X! K* w2 u) h( D! H( vother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
; ~3 z( ?+ l+ |7 g6 B9 m/ Rwere a re-determination under this Act of origin, tariff classification or value for duty.6 z8 }* O& C% c6 x8 W- ~. a) B

8 a$ @* m7 i  G% k1 g7 O这到底是说可以还是不可以啊?
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