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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
% ~+ ~- l8 {8 Q" `: N上面说 非商业 进口 可以免关税?2 ~' h, C7 x8 I# W
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf& V+ E; V0 Z" U$ f, P# p5 q; b

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1 V5 E1 q. r1 |! S5 v% R* nRefund Requests
# ~! d/ i6 o% B6 b2 D8 Y7 E! G$ w4 j74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
' \1 i; `7 Y4 V. M  k* J2 X6 K/ bpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- |4 ^0 D4 p8 Fof those duties, and the Minister may grant to that person a refund of all or part of those duties, if% p0 y% m6 @, E# K
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
8 h6 p: S7 {# H, J1 h7 ^Canada to the time of release;
  Z* F; y3 m5 t+ d6 `' Y(b) the quantity released is less than the quantity in respect of which duties were paid;
4 H7 L, M& F' Q  y6 c(c) they are of a quality inferior to that in respect of which duties were paid;
* r- f# D2 i6 t6 F6 M" x" }(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( p5 a2 I6 F7 J# O4 ttariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 a* {/ T" d' f2 `
case may be, was made in respect of those goods at the time they were accounted for under0 y6 }9 x0 A8 e+ A0 G
subsection 32(1), (3) or (5);" `- T+ {# g0 |) p. i7 ~
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* _0 @( z: p" H" t; [4 L# y7 T0 g(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
+ u. a- w/ \5 V/ l; I7 \& Y3 apreferential tariff treatment under CIFTA was made in respect of those goods at the time they are. B- g  T2 O; l) ^* \
accounted for under subsection 32(1), (3) or (5);
7 U! S/ }7 c1 ?7 @(d) the calculation of duties owing was based on a clerical, typographical or similar error;; p6 N5 S$ z- ^
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 m& O! v& c3 y* n; B
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
; E- a! i* ^$ ~# i' J4 i3 {value for duty in respect of the goods and the determination has not been the subject of a decision/ K8 X& f+ `  z/ U
under any of sections 59 to 61;% J2 F; n, [& K$ e: s
(f) [not applicable to non-commercial goods];% {# N% Y6 B. d( x
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
0 [) D0 S/ Y- k9 H9 B(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based1 N5 }# E' R3 x8 j. D
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
# P0 C* V- `3 l% V( ethis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).6 ^% [# m  [2 X' l1 }
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
/ X7 r7 {8 F% [8 }% _. c' m* I8 Lunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
, c" r/ h8 b5 w% o# M0 t' V4 ](3) No refund shall be granted under subsection (1) in respect of a claim unless9 T6 \! q7 I) D1 w
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
- d' U6 J# T7 Q/ N+ M. Grespect of which the claim is made or otherwise verify the reason for the claim; and# l; S9 o' r# F9 ?
(b) an application for the refund, including such evidence in support of the application as may be! ], k- Y8 _4 x5 Y& ?
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
( `. Q$ i: U+ l1 {0 G; Tprescribed information within
+ X. @+ v& h, }. X" v3 K' H(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f); v9 T6 V9 @; n
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
3 c7 Y6 O2 ^- f2 }# V* n(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# q' k) [5 N, F) N
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.% e" N1 o. n; E  H; V& T
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of' e" ]. w! h0 b
this Act as if it were a re-determination under paragraph 59(1)(a) if% E4 j1 e. m1 l3 O  i: ~
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied5 ^3 h- a7 w' s1 J! J6 b) t+ f
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not/ G6 B, R8 y9 I
eligible for preferential tariff treatment under a free trade agreement; or+ o' n) ]: z3 C
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied& W; l9 O% v5 d: |, U
because the origin, tariff classification or value for duty of the goods as claimed in the application is
8 y- ?% _! E3 G# X/ Bincorrect.- \$ y, ^  N, ?7 c, F6 n4 c
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
$ M& O* x4 C2 ^, i4 Z(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground  o8 ^; _! h  ]! w8 o
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it. b0 r. y2 i3 ~
were a re-determination under this Act of origin, tariff classification or value for duty.9 C4 M/ d% H# _3 e' r) Z( N
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