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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 Importations9 u5 G, ]# z2 X+ B! _
上面说 非商业 进口 可以免关税?" g0 G- o+ D: z$ k. r) N  a4 j

/ d4 i- P& Q) [4 Z* {' N8 p# L3 x+ d* Z( H! m" e( f( ]: E' |/ y
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf" R( J- E! ]! }3 k  a/ ^2 E
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" Y- d7 e8 n, J" S: W: sRefund Requests
2 a- J" w8 H$ w# a74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who+ E6 X% ?3 L% B' h3 n
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
+ j" A0 ~( h) ?0 B5 ~! pof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
& M/ x7 o' H" O. S; }- U/ `' z) A: d(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ e. T& A6 {: s8 d; Q7 @! s6 L
Canada to the time of release;
: w/ O# _# n0 h7 E0 n(b) the quantity released is less than the quantity in respect of which duties were paid;: w4 c: U3 h' {' W# D3 ?( H
(c) they are of a quality inferior to that in respect of which duties were paid;% k4 `3 |1 z$ q( z: ~  w6 x
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 k( j6 A) c& Xtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
, K- q# ?! j6 p, U# v2 gcase may be, was made in respect of those goods at the time they were accounted for under# r# g# Z/ Z# j
subsection 32(1), (3) or (5);
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8 B! F! c" \. `, C& x. z! @(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. z; m1 M9 Z  K. V
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
9 a4 a5 f& j9 x0 r0 t0 paccounted for under subsection 32(1), (3) or (5);
7 d( t; I$ j9 g( j! x(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 K5 J- F$ a: w( s5 s(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
1 P9 `$ i  U$ G% J, n: E& C! r) Yof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
6 I0 }0 H3 C1 r0 Tvalue for duty in respect of the goods and the determination has not been the subject of a decision
: }2 a: t4 m- H) Nunder any of sections 59 to 61;$ k! s4 u, `4 H+ ~( H
(f) [not applicable to non-commercial goods];7 @& c4 g( v! n6 R* N" }+ d
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
! Q" I" d4 D  Z+ K8 d(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based2 ?8 M  Y# z* S3 q
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of  T8 {$ r% r% o
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
) g/ v- ~" @6 e5 F(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim! r0 m4 Y- V( |7 T. g
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.& u" \  e" }, j7 V
(3) No refund shall be granted under subsection (1) in respect of a claim unless/ o5 P3 k# h$ `: M. f3 {3 T
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in( u) ?) F" k& V/ j1 n" K
respect of which the claim is made or otherwise verify the reason for the claim; and
& p  b& \0 D* ^9 T9 O  |(b) an application for the refund, including such evidence in support of the application as may be$ t9 h( B, j  @: ~+ z" l
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
' E2 c) [: i* A" Eprescribed information within* J7 ~5 n0 N- P, A& S
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)% t' K% F% E3 G0 u" S0 A/ p) P# E
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
. ~! v& \8 P* x- T(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
* A: O' l2 z9 i* r  u, G4 pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
/ S. m" n2 U+ n$ \5 t, Z8 F3 o5 L(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
& q9 P  h# u; Z& \( n0 g! t- uthis Act as if it were a re-determination under paragraph 59(1)(a) if
( Z8 |6 ^9 F# `$ Y, A(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied# O6 y' P2 f8 I( Q6 Q6 O
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not0 {0 ^; ]4 u& I+ a5 Y
eligible for preferential tariff treatment under a free trade agreement; or
' d! J7 ~: N& l/ q3 J: E  s(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
2 {' f% P' Z. j  |0 j$ L$ X, ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is* E8 v8 [1 s+ q: \. N
incorrect.
* I( W. x$ B0 U  c(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),3 U8 f7 C" N! y$ ]. n$ p, J
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground, J" A. e  Y" R
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it  N2 \3 m* K5 ?7 G7 w( H* P; D
were a re-determination under this Act of origin, tariff classification or value for duty.- p7 z' ^3 u, \/ z0 h2 `, |
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