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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
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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations. }( @% N' T3 l5 ^8 r
上面说 非商业 进口 可以免关税?" h8 m0 G' Y  @4 n4 j

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6 e% V# g/ E' h3 w/ w5 \http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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! r# G, |2 H1 R9 g% V9 IRefund Requests
& h( [! N0 |! \% @" l) D74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
+ P& v# |7 V7 _: E. Gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part- S- m9 ]1 r2 R6 N
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if6 o: ^3 N' V  m8 e1 E. L
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
. v( L5 m% I& `+ {8 O; M3 ?) G, B7 WCanada to the time of release;
7 E6 C* ^+ _% x: P& n+ p(b) the quantity released is less than the quantity in respect of which duties were paid;8 v' G  @9 r6 X$ V" x6 Z
(c) they are of a quality inferior to that in respect of which duties were paid;
: n6 x6 b- ]5 j  Q- k(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 \* G/ d2 c7 [, U& h, V- `; @tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
2 Z4 k5 @, s7 ^1 k% xcase may be, was made in respect of those goods at the time they were accounted for under
# s0 S7 l( B- R! W' o5 f5 }# S$ Psubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
% x  e/ Y) l& ~$ zpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ g$ x& \7 P. C$ ^6 O* W) Oaccounted for under subsection 32(1), (3) or (5);" N9 ]' a. c* q* Q* r+ c
(d) the calculation of duties owing was based on a clerical, typographical or similar error;# m$ _# F% \8 @, J
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)" V- x5 w" n* J8 ^8 c" ?2 L
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or& G& _: B$ U& L- f% v, S4 e3 ]
value for duty in respect of the goods and the determination has not been the subject of a decision
2 r4 C" r: m# S9 ~- t- Kunder any of sections 59 to 61;
& S! e2 `- [" j+ \(f) [not applicable to non-commercial goods];
: n1 K( f& H. W+ U- g6 k(g) the duties were overpaid or paid in error for any reason that may be prescribed.
% n+ P) U( P! R4 Y8 u& k(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 d8 l. e4 N6 V7 |0 k
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of: ^2 a, }/ C3 ~; n2 K' Y
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).* ?/ b+ F- V4 I
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim! ~" t8 g6 Z/ J; t
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.! V: M" {9 c, [
(3) No refund shall be granted under subsection (1) in respect of a claim unless
8 p; p9 [0 v: [7 H/ ~(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
- s$ D8 e4 h' \$ k: G7 v8 N5 O. Yrespect of which the claim is made or otherwise verify the reason for the claim; and
' }9 y* [8 P* N) n. ](b) an application for the refund, including such evidence in support of the application as may be
6 y4 q2 H4 T+ |0 _: w# ?prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
" T* K2 \; I* k3 P  |( j7 [prescribed information within/ O9 V- G* F& q0 `: @
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ p) i5 c7 W- s8 g2 k+ I4 w( d
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 C7 p, I, b. n5 o4 m
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* E! x' U, I. q2 }
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.# d' P; i- `! |& {6 m
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% S$ z2 n5 l4 V3 H8 g" b- f
this Act as if it were a re-determination under paragraph 59(1)(a) if" H8 P' v( [9 c* v2 M. k/ A0 [3 a
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
% c& U. G0 Q4 n6 lbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
9 L+ S& |& a2 }+ x" seligible for preferential tariff treatment under a free trade agreement; or
1 ~- b4 C& a1 h$ F6 J, E(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
% W) q% X; k9 U8 b( x' Ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is* G! ^7 K: J, ]" O
incorrect.0 J( h5 F! p( c
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) D2 q6 N4 \- o0 [# O0 [/ b. D) x: H
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 p2 c/ k" u& D( |6 c+ n$ Q& B2 x
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it  h/ D8 j: L4 `5 @4 J& P( P0 n: q
were a re-determination under this Act of origin, tariff classification or value for duty.
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