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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 Importations
$ D$ M% |6 h. B' [6 {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- g, h: ?3 g2 P6 F

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& b* }( J+ U7 y1 g2 zRefund Requests" H4 N0 _# A' W: l- A* H5 N
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
/ W1 R$ C) T5 j1 S6 e! ppaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
0 S  h+ Z; |6 ]: M" Fof those duties, and the Minister may grant to that person a refund of all or part of those duties, if. T( [7 d6 l" L, o
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to; D9 A8 {5 j; e' G3 m
Canada to the time of release;
  r8 J! F# i7 ~5 o% m- q(b) the quantity released is less than the quantity in respect of which duties were paid;* _8 Q: P5 f) ?4 J$ R
(c) they are of a quality inferior to that in respect of which duties were paid;. Q% Z7 }: Y; i+ c
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential; E  t" b4 g0 r$ R% x8 T# g
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
: w+ t$ Q+ l& z- h, S0 w- Icase may be, was made in respect of those goods at the time they were accounted for under
, K6 m' g7 v  K; w" d) f  bsubsection 32(1), (3) or (5);/ s  S4 A& ?  H2 r$ b8 ?6 r
3
4 K& ]4 Q% I" f3 A" \(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for/ ~7 ?* @' \& W1 B' y
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
# Z3 k: @& @5 J' T9 ^6 daccounted for under subsection 32(1), (3) or (5);
! r8 z0 G3 I5 `# p2 k% }) G/ C(d) the calculation of duties owing was based on a clerical, typographical or similar error;. z2 L( _  a; j  @5 j/ [7 i
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
, O7 n5 j5 ^# S0 O0 nof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 T& A5 `! _; Q1 c, B
value for duty in respect of the goods and the determination has not been the subject of a decision7 S* K8 B  D" I
under any of sections 59 to 61;
* V2 P, b- E- z1 b8 X- u1 j(f) [not applicable to non-commercial goods];5 F+ j3 c$ S/ S/ P- r& q
(g) the duties were overpaid or paid in error for any reason that may be prescribed.1 z& o) {4 B% G4 C: m) {5 Z: w4 W
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 b9 `7 ]6 M# B0 e. R6 K8 F& Uon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; o3 c; }$ Y/ [. M; P& ethis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).1 p, O8 T( t( V2 b& l
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 f, |, M# {+ W* E& l! d" D; {. G: Xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 O0 c& a/ \- V# `0 ~6 o# U- x: }/ J(3) No refund shall be granted under subsection (1) in respect of a claim unless- i- C3 J9 d1 U- N" r5 ^! ^
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
$ o& b0 S& L4 x; w- t% trespect of which the claim is made or otherwise verify the reason for the claim; and8 H- |0 b, r: I# V5 l+ G9 i
(b) an application for the refund, including such evidence in support of the application as may be( _1 F) P% c( q. M' A- O+ n1 ~
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the0 I' a" _: l" F" L
prescribed information within0 C* L0 Q5 y1 e) p; n
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)" j7 k1 l; j6 r1 m9 p  T# k7 E
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 {$ R  O& K& l1 H(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 P" S: G3 x/ s9 A- A1 g( b
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
5 b9 g8 z; f" E* E$ X7 i(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of0 `8 f$ c8 N+ a
this Act as if it were a re-determination under paragraph 59(1)(a) if
$ g+ e0 R$ p8 |7 w(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
+ X! c4 }6 q8 k6 [# c. fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 }* Z7 f% y4 q: j3 D
eligible for preferential tariff treatment under a free trade agreement; or
& @: h* K) N0 s; v# X0 f(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied& o- E6 l" P( x) o. {) @
because the origin, tariff classification or value for duty of the goods as claimed in the application is) y2 [# W- I/ @3 ^! Q
incorrect.0 d3 ?4 _- m/ q/ w3 g" r$ e- h5 G
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),0 }% f! X0 H1 X& @* d
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
2 b5 |2 t# E7 J: m$ ~6 R2 Cother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it( ]2 R# ^  l/ i8 L( o. l0 _
were a re-determination under this Act of origin, tariff classification or value for duty.
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