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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# ?) \$ P. Y$ l; J, J  o! _9 A
上面说 非商业 进口 可以免关税?
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' h) `+ @. k  Jhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf4 q0 I/ s: t+ M6 g5 [& y6 f
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9 |! e! _9 Q2 _" E- GRefund Requests: K5 u7 n: E" K' H' s- o
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
, A7 P; R/ O9 |" F2 Kpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part1 E! v5 o% o* v' U
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
$ U, y3 h' }9 F  ?, p3 c2 ~(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to' r0 B3 g3 S9 B
Canada to the time of release;$ t0 ^) M; ~* V% R! G
(b) the quantity released is less than the quantity in respect of which duties were paid;
8 @) x( w% N& C: t/ a5 M  |(c) they are of a quality inferior to that in respect of which duties were paid;  Q8 h8 C5 e$ B) r* y/ K7 R
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential5 n/ ?: c0 H3 ^. X
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; m" {/ p8 |1 p
case may be, was made in respect of those goods at the time they were accounted for under
- B0 r# G0 ?0 a; }subsection 32(1), (3) or (5);
: F: ^1 k1 u% r3 N( F7 y3
: u: B+ ^/ W& v: ?8 u% r) {(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for6 ?8 V5 u, {2 q, l1 M, S& o  F5 {
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
, a) ^( ~- _2 A0 z$ baccounted for under subsection 32(1), (3) or (5);
" S2 q/ w+ ]0 K# D, z. F: j7 ^(d) the calculation of duties owing was based on a clerical, typographical or similar error;7 m# a1 I2 k/ ^  I
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)! R( d7 ?7 d% [$ \) s+ ?$ p. u+ Q
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or" B! e$ L# Y+ b9 u- e6 D
value for duty in respect of the goods and the determination has not been the subject of a decision5 j- @$ j- |# |0 e7 ~
under any of sections 59 to 61;+ y% n% t/ e9 b; F$ Y& t$ `
(f) [not applicable to non-commercial goods];
- N# H8 n7 A. @  J, A(g) the duties were overpaid or paid in error for any reason that may be prescribed.
3 ?5 [' P# {) _; N& J0 K  |(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: \. e% \6 S. f, f) K
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
! X& t1 Q$ ^% Z# m& I5 Cthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. @( e3 g4 c+ H3 @1 q
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
2 U: s1 b# J) l/ |% |6 R  punless written notice of the claim and the reason for it is given to an officer within the prescribed time.
7 L3 X+ O! ?5 J: o8 O: p* I  r(3) No refund shall be granted under subsection (1) in respect of a claim unless7 u9 y' j) Q( p. K  s
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ S7 r# i& p$ ?- L9 qrespect of which the claim is made or otherwise verify the reason for the claim; and6 \& @! X2 |1 ]8 L  \
(b) an application for the refund, including such evidence in support of the application as may be& e$ c7 _, f& k
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
/ ^& n# x% W  b( d" Bprescribed information within6 P, C' w1 ?: h& B3 G0 g. [3 b; l
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)# Z" R/ n/ A. [8 U
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
3 ]  A! w* ~1 B& {(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
! r" W) h: S' ~+ J. Mwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.; M( a4 h0 l  \7 J
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of. q  M0 v6 y4 w1 \) O! r
this Act as if it were a re-determination under paragraph 59(1)(a) if
6 c' b: f& f% y( ~(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied# k: r* `9 O% U+ q7 n) T
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
+ P5 J8 t2 H# E( ~" Beligible for preferential tariff treatment under a free trade agreement; or( H; r$ [3 ~+ C8 K. J3 s
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
  L  K5 Q. F% fbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
8 U; n# l* _' c3 _, p0 U% p0 Rincorrect.  {8 q# ]2 ^6 Q, e) h) c: h/ t
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),: W! r. d/ t$ ~3 P: r, c) e
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 U6 q: V" u& ^
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
0 ~# V# O! u" ]' o1 hwere a re-determination under this Act of origin, tariff classification or value for duty.1 D0 A/ L% n4 }! J' C
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这到底是说可以还是不可以啊?
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