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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
Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
0 [4 g! @% `# T8 _4 K  K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' v1 l( @, B; g* E3 Y  }- f0 L
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; E. R% V* P% L% K1 d& b1 o0 s/ ~Refund Requests
- g# ^+ S" f7 S3 M( [+ s74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 o$ L* q, E- |# `% ?
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
7 A7 K. T* s& D. e9 @of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
) T% q8 Y# `1 o& i4 i# ](a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
! v* g, z- {8 w% c& c4 F8 f1 i  q! sCanada to the time of release;0 a1 s9 {# y) A) ]  q$ _) `
(b) the quantity released is less than the quantity in respect of which duties were paid;$ E  d- [2 z; L
(c) they are of a quality inferior to that in respect of which duties were paid;% S, R9 ?8 ^" W  F" \% h: l
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( s* t' z/ b- q) ytariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) H$ Q: t. F6 ]9 j* Rcase may be, was made in respect of those goods at the time they were accounted for under
. b" }# p& A9 o9 A* T, S: ssubsection 32(1), (3) or (5);! m0 ?9 V) A' Y2 C; p1 D
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. d  L! o% a& I7 J9 R7 V(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
0 a+ d1 g, Z7 U$ A2 x) a( ^preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
* H6 t' W1 Y; R" I# Laccounted for under subsection 32(1), (3) or (5);
7 H5 C4 W- w) K& P4 E: F(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 _/ N( n0 d9 k( l' L2 P" d' Q(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' e$ m! T8 O7 u! H6 t1 r" }4 iof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. x. o/ ^1 V; m/ J
value for duty in respect of the goods and the determination has not been the subject of a decision7 g0 E2 t1 b. V. N4 L! T( |
under any of sections 59 to 61;
( |3 ^: p; v6 h6 ?(f) [not applicable to non-commercial goods];( @" a! `; o4 \, s8 y, o* \
(g) the duties were overpaid or paid in error for any reason that may be prescribed.2 \0 _  Y; l( l; ]* C# V5 t
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based" E# U& r! }8 q  h7 q
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
  s6 y$ L: g' E. Tthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ C  p: |, [3 X$ M
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim2 J9 a2 d, A* n8 H3 Z2 [
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' C/ U, w  v' u  U  z  c0 r(3) No refund shall be granted under subsection (1) in respect of a claim unless
9 M9 k) b$ x% }& Q(a) the person making the claim affords an officer reasonable opportunity to examine the goods in5 a7 n3 Z0 C  Z/ U
respect of which the claim is made or otherwise verify the reason for the claim; and
' h  \; Y5 B4 ?3 F0 M. c* {! D(b) an application for the refund, including such evidence in support of the application as may be7 |$ R2 Q+ @4 Q' Y  n8 S; q& }
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
8 |! x- O# ]! L. t6 E. G/ U7 fprescribed information within) ^) |# N$ J4 q, m$ B7 ?
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): j2 L( H) f" }9 y7 H/ {/ Y
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% h- \: X0 ^  d* _* @, ]) k! @(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods( J: b5 Q6 ?  l9 x2 c
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.7 Q6 Z2 D8 g' _3 s1 |
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
  f! s# H* e7 b; q8 K) Lthis Act as if it were a re-determination under paragraph 59(1)(a) if/ R1 l/ Z# C; M/ P9 y0 O) g* {
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
# l, n% b7 X$ [; k" A/ Q, K$ u& h# C) tbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not! u) p1 _9 W/ i7 u
eligible for preferential tariff treatment under a free trade agreement; or; d; g( [3 T/ l
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ S: o3 P& V, c3 Tbecause the origin, tariff classification or value for duty of the goods as claimed in the application is$ ]9 T# L8 T: R' \# R1 w
incorrect.
  X' L, i5 `- k/ @4 _* V0 e- B(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),  h; v4 |5 k$ W2 ^
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground/ v4 f. E; }+ k/ m' C: S# _) F
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
# h. t' G( W1 w$ i% U8 h" Xwere a re-determination under this Act of origin, tariff classification or value for duty.
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4 L" u7 N- B, l- g, g这到底是说可以还是不可以啊?
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