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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
0 B" R- f+ D- K3 ]# _( H- E+ r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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: |* z2 D. I! C9 |: h( ?Refund Requests4 L. l8 I1 j: x  I. U+ q( O5 _9 C+ w" W
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
0 }1 {" G3 t" R, t! }paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part5 V* O% y0 E6 M  G; z4 K, k
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if3 i) I0 r% O7 y$ @* K% ^' }9 y, i6 s
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to9 |# z/ ~  j9 p7 ]. e$ ~, x5 n
Canada to the time of release;
9 @2 t2 ^/ l( d+ m' S9 P(b) the quantity released is less than the quantity in respect of which duties were paid;+ a* h1 N$ q- v# y: k
(c) they are of a quality inferior to that in respect of which duties were paid;: S$ l, H5 K, o3 V; _9 |( A% D
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" _. c) S& b% V8 Wtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) k& W. g9 A( C$ V9 U9 e0 dcase may be, was made in respect of those goods at the time they were accounted for under
. [3 u7 \7 k! b& Usubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
% _) W, R, P! _0 j; bpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are" Z) Y; Y; V5 l. a, M/ a: q- u
accounted for under subsection 32(1), (3) or (5);1 v/ l1 Q& g# r9 A
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
  z, ^3 k) {/ ~(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)1 a, w8 U+ A$ j2 H) [
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 p/ S- V5 u3 e: W
value for duty in respect of the goods and the determination has not been the subject of a decision( t# W' o3 S% V6 Q) X
under any of sections 59 to 61;
0 `: K( h% |, ^  W$ }5 f(f) [not applicable to non-commercial goods];! {9 w2 w: F9 Y
(g) the duties were overpaid or paid in error for any reason that may be prescribed.! p# b( L& ~. w7 J# A. c/ ^, m
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based" Q! |& r0 x+ k1 V. p& g
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of! ]& m9 Q* O8 Q1 Q- a, o
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
0 N% T3 y, I4 Y* G) k7 W% U(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 l* d# u. D' l( J" nunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
4 D* U4 b- K& `( l+ b6 l5 x7 r, m(3) No refund shall be granted under subsection (1) in respect of a claim unless7 _5 ]9 \* B. g7 t, B
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in( B( m+ f& t2 s  F
respect of which the claim is made or otherwise verify the reason for the claim; and7 j% t- Q/ N5 a
(b) an application for the refund, including such evidence in support of the application as may be" M2 W* x( L2 R( ]' V4 o
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
( \# s! J4 w1 i% R: Dprescribed information within( O+ i. L) K5 L
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
" Y4 ?* r' v5 G' Zor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and( ]+ T9 m$ m; C+ b7 G: u
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& V( h+ B- K& U/ m& T  F; T
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
# v* v1 v0 q7 V* J5 h(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, B  J4 L: F* d# g5 _" i7 M* d
this Act as if it were a re-determination under paragraph 59(1)(a) if' i9 \3 R6 e% F7 C+ h, B
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( p  |& X0 A3 @8 f( R# Lbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not1 q! f! i3 o; ]. ~* B" D
eligible for preferential tariff treatment under a free trade agreement; or: |5 `& j8 J" L
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
6 {9 c) R% z8 v/ [because the origin, tariff classification or value for duty of the goods as claimed in the application is+ K8 |8 g4 z. [( ^+ r
incorrect.
% G7 p$ w, h! j' `/ X) E3 w, y, q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
; P7 z) I( r2 \! |0 p' m(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: c7 r) ^8 Y0 E9 O3 B8 S8 y  _' z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
" c& w5 P# {3 l$ W8 e8 H+ h0 \were a re-determination under this Act of origin, tariff classification or value for duty.
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