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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: m7 E. h+ v/ y( n! N4 ~
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
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. ?$ Q" P, J  Z7 ^$ ^+ kRefund Requests
1 B$ t$ z9 K* x+ m% P$ M74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who, J% q% v0 F8 n! |" v! c
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part* C! _9 I' E# z& V3 |' T) A
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
$ z$ x4 Q. [: U' l  N3 {) ?% }(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
8 L. \+ j* e+ J6 MCanada to the time of release;$ X/ }, z- \5 _6 p6 m- O
(b) the quantity released is less than the quantity in respect of which duties were paid;, \2 O7 ~( T" ?; J0 [: X+ b
(c) they are of a quality inferior to that in respect of which duties were paid;. T& A& H, u* ?, X/ a/ h9 N
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 j/ N0 k) r0 n4 M) t/ Ptariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the, t* R7 w9 R1 R+ H
case may be, was made in respect of those goods at the time they were accounted for under
( ?' y( v/ {" C# d2 q7 e+ Csubsection 32(1), (3) or (5);
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0 m  W6 V: M6 |- ]/ [0 I1 a(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' W) V, ?0 |+ Y6 Q' p
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 Z% v) X! E( I- d% zaccounted for under subsection 32(1), (3) or (5);/ }6 S& g( R1 ~5 H- D/ q
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
/ Q8 K$ T& F0 Y" i0 m6 W# z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
. x7 _/ M5 F$ j( ~, `of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or$ V- \0 T6 n) K. a! ?9 k
value for duty in respect of the goods and the determination has not been the subject of a decision4 ]3 u. D) z; r7 V* G2 C" V8 x. w
under any of sections 59 to 61;
: y# X+ L" A! G(f) [not applicable to non-commercial goods];
! ?$ ]9 E) c' k0 R9 D' i9 e(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; o( h( a% `) F6 ]' G(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
& P( Q6 ]/ Y5 Don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
7 _+ ]4 x) |0 S( V) tthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
! p. h" L4 _/ T. K' @(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
+ R+ E  L2 q0 ^8 W2 l) w9 Uunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
6 T$ y1 ?+ s( i. `7 j(3) No refund shall be granted under subsection (1) in respect of a claim unless
+ |4 q$ p( e( `% X(a) the person making the claim affords an officer reasonable opportunity to examine the goods in" b: m( I  Z9 o" O' ^
respect of which the claim is made or otherwise verify the reason for the claim; and
. c' T8 Y$ P& K(b) an application for the refund, including such evidence in support of the application as may be
0 u% {* a# P, pprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the5 q1 g* C1 E3 ]1 i* a7 ]. `+ ?" ^
prescribed information within3 T: J: Q4 h6 ~1 F1 q- j/ G
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)$ ?+ F% N, H3 P
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
" K- s2 F1 _* J, T1 a/ E& i# K" e; K(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
5 _6 Q! F3 t6 L! Jwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ I+ j4 L8 C% T5 o$ |
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of- f- v- R6 e3 Q$ a
this Act as if it were a re-determination under paragraph 59(1)(a) if& ]5 _9 Y3 Z7 p# q4 R0 |: F/ ~
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
  k' A- J5 e* A7 B6 m/ rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 l) x) U7 b. O) e7 Ieligible for preferential tariff treatment under a free trade agreement; or
: f* i& I/ a: @- \: [0 F& e(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
# @- B, t# V7 Tbecause the origin, tariff classification or value for duty of the goods as claimed in the application is/ X' z  w! C, \- o' l
incorrect.# {9 ^8 y( j. P' @2 @0 p
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),. N. P: w$ T& ?$ Q
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 p" i) z- Q9 t; l
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
  M& }  ]; A/ R3 bwere a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊?
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