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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 Importations9 Z% C  @" h# p- X0 e% Z
上面说 非商业 进口 可以免关税?( L. `  E& T1 |8 R  v

! [( G" h8 R, F" D, p+ z6 B/ s9 q( y  l9 j& j

; ?% a0 L6 r; a# @( X: X8 E0 K+ vhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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$ p# I2 d% @2 p' r5 @2 u& VRefund Requests
8 P0 z8 g2 C1 v/ i, s74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who6 Y% B& B  P% |: |# y
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
* b5 X, a: @. U" b/ Nof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" O  ^( J- q6 P# C(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
3 i; k. m6 k5 VCanada to the time of release;
4 z/ b  E5 I# c: k, O5 W1 h(b) the quantity released is less than the quantity in respect of which duties were paid;# F- F% |6 w4 j+ ]
(c) they are of a quality inferior to that in respect of which duties were paid;7 D1 k2 N) @0 S) W% L
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
% h% I* f0 `' F8 `tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
  E- A3 f& ~$ E4 lcase may be, was made in respect of those goods at the time they were accounted for under
* u/ X" l; J9 j  E; Psubsection 32(1), (3) or (5);3 `) W) j" V3 k
3
" v0 E3 d: v5 l3 s; \; K  Y! Q(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
" b3 d2 h6 P2 H* o6 U" P  cpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
, [/ r% f# o0 B$ o1 q) Uaccounted for under subsection 32(1), (3) or (5);3 [9 {2 h1 [# O! t3 N
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
5 Y. a9 d0 S# v7 b& h. z  T(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 U+ ?0 k8 Y! ]1 O2 J" ]: |" U3 b) h
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or3 q( j, A, `6 D. F, F7 G$ t4 J% J
value for duty in respect of the goods and the determination has not been the subject of a decision
8 l# s. a8 H) p* i0 q$ iunder any of sections 59 to 61;
1 I& B, z' |! S(f) [not applicable to non-commercial goods];2 g4 k2 F$ n$ x0 D( k/ m$ g/ ~! _6 ~. }
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
( N/ O0 f1 C8 y  B# O2 t% d(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
# G* q  ?$ }" ron tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of5 v' ?1 u( {) I# I; T* T! v8 }
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
' n& V, W5 A# c" k5 W& o(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
' n3 I1 X+ R1 Iunless written notice of the claim and the reason for it is given to an officer within the prescribed time.4 t5 ]& T7 l3 b+ v/ G) H
(3) No refund shall be granted under subsection (1) in respect of a claim unless
- ?& R6 G- t3 U/ [! r(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
3 k  b$ V' x6 t- G' L" ^& g+ v5 vrespect of which the claim is made or otherwise verify the reason for the claim; and
8 R1 B; U) C; A(b) an application for the refund, including such evidence in support of the application as may be
: i! I" G. c9 g. T4 q+ z, r" L! _3 _8 V! nprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
" ], c8 h. O5 J9 n' Jprescribed information within
) Y, M: W+ J# b1 y/ _; {( c7 R' ?5 Y(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 L1 v# `2 Q' X/ Y6 q& Oor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 n, l+ i1 m  H2 I) g' o% I(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* Z  h1 I) J6 ^3 V+ H# b
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed." B8 l  l+ v  s8 \# N% N& B
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
# `( C7 y3 L5 z, C* pthis Act as if it were a re-determination under paragraph 59(1)(a) if
8 y4 r, m1 G/ x(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( }) v* k, O+ V, A4 B( pbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 g( v# O# o" \* n+ ?eligible for preferential tariff treatment under a free trade agreement; or
# @- M' ]. q. L3 j(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ m1 K8 |6 t3 J$ N$ w2 |. n; Tbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
  @" f% H2 _0 Y5 b" |7 Gincorrect., K8 p% ^# f0 C
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
* G4 K$ M% F# X1 t* f8 W9 F(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground% v3 z2 F. {; f: `* _
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
9 D  z4 b) j/ o2 g1 u9 ywere a re-determination under this Act of origin, tariff classification or value for duty.( s# u( `1 n" l/ B; d; F
: G+ U7 B$ |1 Z, y; P6 P
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