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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+ A7 p% z8 l% [' N. l% y6 {$ s
上面说 非商业 进口 可以免关税?
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  a$ ]$ V) F: v4 h, a; k* c% qhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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2 ~  }: g0 s1 I7 n0 ORefund Requests3 y* F3 O1 D7 r; X/ C( Q6 @
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who1 h6 v4 ~! n4 P" S9 N. u, l: I: @
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part1 T+ Q. \0 E- |( a. c( `
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if6 b" k' H9 {. Q5 F/ B$ w
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to  v2 O. L0 X0 c4 Z
Canada to the time of release;
1 ?8 q' |5 {: [(b) the quantity released is less than the quantity in respect of which duties were paid;$ m4 r# X$ K: k1 y& H) a: a
(c) they are of a quality inferior to that in respect of which duties were paid;
: R/ b  h! }; w6 C( B" J7 W(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
. [4 ?+ o3 B' t9 Ktariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the( y2 I, r$ D% G0 M7 R# L6 w
case may be, was made in respect of those goods at the time they were accounted for under7 R5 Z6 U" }4 ^! u, }
subsection 32(1), (3) or (5);, [4 R6 {5 ]$ o; A' W+ b5 }
3
% s- [# A1 t+ Z2 V$ n: a# M(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 d/ ~: `) \' m# ?) z% I
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are7 i' |& m. |5 H  I/ K
accounted for under subsection 32(1), (3) or (5);
+ s# [8 v6 g) \, ]+ ~- I6 Y- n(d) the calculation of duties owing was based on a clerical, typographical or similar error;
! d% j6 }. \1 o( Q0 D# C" Z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 g" q. U6 s( o3 W, _
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: t( s4 `. B* gvalue for duty in respect of the goods and the determination has not been the subject of a decision% w2 p4 R, \* k+ x6 [* H
under any of sections 59 to 61;
3 F3 }( U! g4 [7 f# A, V(f) [not applicable to non-commercial goods];
% Y% N! N3 h: \) q(g) the duties were overpaid or paid in error for any reason that may be prescribed.7 q8 [- o6 Q% Z
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
% A8 G9 o6 b3 e. u4 }+ C+ Z0 Qon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of* a$ ^# Y% ]! c. b& a7 k9 }
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).! A. p5 g0 j3 a9 b( q
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim2 r& s, V1 a9 _
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
0 b2 {% G5 @0 L2 z(3) No refund shall be granted under subsection (1) in respect of a claim unless
$ M- C$ X3 B/ G  q(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
6 J  N; }& i0 z0 s5 f# y7 |respect of which the claim is made or otherwise verify the reason for the claim; and. r, h# Y% x. u% d4 d" D  q
(b) an application for the refund, including such evidence in support of the application as may be
' v4 O" i/ F6 f& ?# q% E) S5 X! oprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
! B7 p5 {3 t1 e8 o, x" \prescribed information within
7 J9 t4 ^' x) U" W* {6 [(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
: b: ~- S# M. s9 `  Eor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
3 i4 {6 ^& P) l7 }(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods! I- E7 I" z; s6 x) M5 d1 I8 t# L
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., \- X) i# Y6 @/ ]0 _  }) y
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. ?: p9 t  Y' E, ]5 \+ Uthis Act as if it were a re-determination under paragraph 59(1)(a) if
8 O4 |/ |- K( z  n* ^(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied: e- t1 t2 l! \2 W2 B1 c
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not" i& k+ @3 U9 _; }( S- e
eligible for preferential tariff treatment under a free trade agreement; or
3 ?1 m4 `' z8 [6 V9 K( W(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 }0 U. r3 j8 d% abecause the origin, tariff classification or value for duty of the goods as claimed in the application is
! i  f; A( N" x$ ]! `incorrect.
4 [7 N$ Y7 O' j" D& ?0 Z% L(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
( J. {: N  u: t(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
4 H, p) C& c: F1 xother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it& ~+ o# K# |2 \4 e; Z9 j8 ~  X" S
were a re-determination under this Act of origin, tariff classification or value for duty.; D7 ~" I# _% `7 V3 H0 I
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