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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+ i( a  \+ R9 P, y5 U9 o" H2 r
上面说 非商业 进口 可以免关税?: r  N! K9 h/ W

) n3 V& `- U) o" [( C/ m8 g2 z: W6 q' S, V1 F/ }3 ]
  ?7 y/ d- G7 U9 `. i: [
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests% p, T0 C% A, y" K3 s. a
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" w, @: l) [6 u& vpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 r6 v6 a, `# b0 b: C( ~* Aof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. g( }2 {4 ?. B9 C(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
: R# `" E) }  j0 I8 xCanada to the time of release;
- }2 K" e  H$ D, J; F(b) the quantity released is less than the quantity in respect of which duties were paid;+ S* K+ m$ D$ Q( H/ v
(c) they are of a quality inferior to that in respect of which duties were paid;
' ?# m1 N# x- k; q" `(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) p/ U2 Z7 @/ i" V1 ptariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) B2 r6 Z" t+ p. N" p# F- y9 b; u
case may be, was made in respect of those goods at the time they were accounted for under
5 |% T4 a9 [* y0 G; Osubsection 32(1), (3) or (5);
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/ h' i) g7 ~* t/ k- t2 r0 g(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for+ `. H# s7 m% E" Z! G7 o
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are- h/ k* l, h( R- y
accounted for under subsection 32(1), (3) or (5);) R. }9 t0 j6 P  h' C& w1 X
(d) the calculation of duties owing was based on a clerical, typographical or similar error;0 n  q6 O3 ^; [+ D+ v; m
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 `) D: G/ o8 O# p3 ]
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 f$ r( G  A( y, v
value for duty in respect of the goods and the determination has not been the subject of a decision! j. j/ z) r% o& }. j
under any of sections 59 to 61;/ F& J! ]. i% ^7 O
(f) [not applicable to non-commercial goods];1 j6 w. d, p# U- N7 g
(g) the duties were overpaid or paid in error for any reason that may be prescribed.9 t! o$ U  {2 t/ Z; b
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
) M& U3 Z% [' H5 @: R# s* ~% l2 H1 Mon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
0 {+ w5 V8 u, Y7 W2 sthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
( C' l" A& e  H(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 h& N: J, f+ D3 z6 funless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 h) ], _  C3 Q
(3) No refund shall be granted under subsection (1) in respect of a claim unless, ]' n$ g7 y; R; D$ V3 [3 s2 N
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
: B/ d0 X2 H- }; `. u1 U. N* R: X: orespect of which the claim is made or otherwise verify the reason for the claim; and
  p0 a2 z4 a$ Y( c(b) an application for the refund, including such evidence in support of the application as may be* Y) X1 o* }0 g; d$ I7 p: O
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
  d# a" I' n7 A7 ?( `7 o/ c6 [prescribed information within" f  p9 _- K9 D% O# e1 o/ P
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( e: I2 P+ B. }2 K. F- K  B" zor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
. r- ~9 L3 r5 |- ^4 ^2 f8 W(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods- v' I8 V5 h& p5 s
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.7 d4 [9 `. p' k) k  x
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of' g: L3 m5 {- A6 ?
this Act as if it were a re-determination under paragraph 59(1)(a) if
: b* R1 N' b8 A" M. l4 P) k% f(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied! m6 ?( e& R& m5 Q
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
, d5 I  j% _- \$ {eligible for preferential tariff treatment under a free trade agreement; or
8 [) C3 N! q3 Y' l% o  |(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied7 M. n6 O4 F" M# D6 L1 A
because the origin, tariff classification or value for duty of the goods as claimed in the application is: {% h6 T: a# ]6 B1 [
incorrect.7 D4 w, Z' G" m  F. u
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),8 Q" ?% n% Z" n
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" x8 p" G4 }2 G! t; Fother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% l& F' s, J; O, Dwere a re-determination under this Act of origin, tariff classification or value for duty.
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