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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: e. D5 Z5 d. B
上面说 非商业 进口 可以免关税?& f  n6 K  Y5 d/ ~. }
1 T- G. k8 n7 |9 V" z
6 ^' j( o& s% _- E) _

7 A/ ]( T* @/ t0 L; d& Q) ihttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf* U+ L2 M- t; O( x9 h3 B

& u' Z( N. l  _% v* j3 s/ X" @' g( C
Refund Requests; \# c4 c; s' O( A6 j4 G: Z
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
2 \  ~6 g$ M6 @% G% opaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
. s- x7 o4 u" Wof those duties, and the Minister may grant to that person a refund of all or part of those duties, if* i) s  |0 |6 u+ z
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 v0 o8 T+ ~$ v
Canada to the time of release;
. F9 f; d4 `, H. N- P9 M(b) the quantity released is less than the quantity in respect of which duties were paid;
. T2 H  ?* K1 M8 x2 K+ ](c) they are of a quality inferior to that in respect of which duties were paid;3 y' ?$ J1 o/ V. ~
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
0 U/ A; ]' H. ctariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the% D+ A: m! \- p) p  e- L: `
case may be, was made in respect of those goods at the time they were accounted for under
0 Q% X& J+ I+ W1 j, `% F7 Gsubsection 32(1), (3) or (5);: w" E) w7 ~. I+ C, Y1 h
3. V% v& U$ F7 a( w! p+ ?6 h, C, J
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
! O  J# l( o  ~. c; t. P6 l) Npreferential tariff treatment under CIFTA was made in respect of those goods at the time they are* R0 t" o" s/ X7 }$ F) R7 h2 X/ K
accounted for under subsection 32(1), (3) or (5);% U8 s7 [  w6 w) x/ H5 N( P
(d) the calculation of duties owing was based on a clerical, typographical or similar error;# D( u, N! @% m  X" ?/ ^# ]' n
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
. o; e- f4 V' [( S8 N2 Oof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or8 w. {" v& _3 d
value for duty in respect of the goods and the determination has not been the subject of a decision
2 y4 ]4 h& K: [, G9 u! ]under any of sections 59 to 61;- {$ Y3 a) F8 D! U, B, f
(f) [not applicable to non-commercial goods];
7 M+ c0 ^9 U" \& w- e/ l5 [: X(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, K' w# o% X8 d; y# \(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
  |. E% e9 t' u" H% ?: N* ]on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 E$ o8 L, s' o, r; Z, ?this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).8 t0 }1 K; c) @8 ?7 u& B
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim0 P. R+ e% x2 g
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
- I2 L* {& s+ C' O(3) No refund shall be granted under subsection (1) in respect of a claim unless
5 }5 K8 d4 L$ {* ]& H(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( S4 i8 K5 m' H0 [; Urespect of which the claim is made or otherwise verify the reason for the claim; and
% K% k) F8 A6 t9 e4 P7 M# ^0 N) i. p(b) an application for the refund, including such evidence in support of the application as may be
$ W. Z+ i  v- M! p+ {" u7 wprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& m7 t5 J# g: Z9 d( a  h9 i8 O
prescribed information within
+ N2 T5 d" C+ T: q(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)* a) B# |' v# H$ h5 G- E+ o% f0 y8 ?
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
7 p, m, h$ w$ c(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods$ l# Y  I0 N) v7 y; z
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 O5 B  M2 H4 t
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 c( E' B- W; U. j
this Act as if it were a re-determination under paragraph 59(1)(a) if7 v% ?1 m" J2 K/ B7 F+ Y7 G6 ?" |
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
* Y4 d) n7 q( }5 u$ U* b6 L& @because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not5 h3 u" R+ F0 A( Q' Q, \5 u
eligible for preferential tariff treatment under a free trade agreement; or
( \5 V: k" u5 e. T: o; q; R(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
8 m3 B1 l$ z: Y% V& K9 ]2 a; T" abecause the origin, tariff classification or value for duty of the goods as claimed in the application is# x( I* T1 Y9 y
incorrect.% N* J, D% p  Z( Q3 d: h# [8 X
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),. ?* P, H+ [; G6 x! e( I% l) z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: e$ B0 n3 J; Q8 ~1 d
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
' p6 j3 \/ u  A& q! ~7 f% G$ Ywere a re-determination under this Act of origin, tariff classification or value for duty.7 l$ N( Z' [3 V5 b; ]. ^

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