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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
6 N) X' i$ C& F8 O9 a上面说 非商业 进口 可以免关税?+ _+ w. e* ]3 L3 G
% ]$ ]+ U  i1 l

- f, E' ?, H: p, [  {% w$ l6 r
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf( \# A* r$ K3 N
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Refund Requests$ m( M+ t0 o! L% x5 L
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* A/ i. @2 q/ M: n8 u) u  bpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( ?' V% ^3 q( M/ ?/ A- b
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if3 \0 ]2 n5 N1 @8 F6 R  r- f
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to# n8 a; ^1 ~, e5 ^$ R& x
Canada to the time of release;
. J  [* G7 l2 h+ I+ h9 O6 h: s(b) the quantity released is less than the quantity in respect of which duties were paid;
# ~  H5 G: K8 a: `6 M5 Z- W(c) they are of a quality inferior to that in respect of which duties were paid;
, I/ S( ~9 B$ c( Y. }; C(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential* E4 U  h3 g1 ?( J- H( |" r
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 t( O, L5 r6 j% ycase may be, was made in respect of those goods at the time they were accounted for under
& p7 u* W  u( Ysubsection 32(1), (3) or (5);
7 t, j6 c% I  A, s3
# q7 v8 q' f+ o* F8 F) f3 ?(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for6 @& v. C% Z2 x8 _* e& H9 Y
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ f( H0 P5 y& m; yaccounted for under subsection 32(1), (3) or (5);
1 U3 x2 j( p% j6 P(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: F. `9 z9 ?$ ^( |(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)  c2 C% d1 w+ {  Q% _
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or& D- z& d( F/ o% S
value for duty in respect of the goods and the determination has not been the subject of a decision9 f( X7 B' ^5 z$ D3 L
under any of sections 59 to 61;+ I) B& g8 X: X2 Q
(f) [not applicable to non-commercial goods];
) S1 t* O' X, ?& C" t(g) the duties were overpaid or paid in error for any reason that may be prescribed.
: F% a" u! f" H4 A! w: {. b(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based+ o5 J$ W  j" v8 A6 H
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ ]. a; s( k: D; W) Nthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).4 j2 y3 V! t' x+ y: V9 ]1 d, k
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim5 Y& ]: P% }" |- U: X& i  k
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 f- p; F( \0 U* N" Z! n
(3) No refund shall be granted under subsection (1) in respect of a claim unless( _4 w5 M: l) }  ~5 h( r
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& a; K: @/ `% _- A/ T: ~respect of which the claim is made or otherwise verify the reason for the claim; and
7 m9 ]  m. _/ d* t+ ?- m% {, K) U(b) an application for the refund, including such evidence in support of the application as may be
$ d' J" l$ G- uprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the: w& @7 C) F6 S; x3 T! [" Z
prescribed information within, f. J1 r2 b3 u* Q7 N6 a
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)8 u- t4 m( W) Q( f; C0 ^- K
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and5 i5 d& I, N( g& {  ?3 Q
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& I3 h& N5 g2 |9 A7 U2 {3 C- x; z
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.8 M0 x+ D; B* C( |5 t5 R
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
- b/ ]& M% V3 p  j9 Athis Act as if it were a re-determination under paragraph 59(1)(a) if
  N+ k; Y% \3 j- v) E(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
+ A3 C1 ]. D! M( z' A% k! D. Hbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
9 a4 L; Z' l' celigible for preferential tariff treatment under a free trade agreement; or! N0 X$ s& n  V; e" I1 z
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 r$ W* F1 N) k- m
because the origin, tariff classification or value for duty of the goods as claimed in the application is( u- I2 e2 J  U# m# |5 T) h7 N
incorrect.0 v8 t0 A* J0 V) w# r
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),  [# K. t; U) z: [' ~' S( S
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground" u2 D- M! `2 s
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* r# O! K6 Z6 |) G- L4 Q( {
were a re-determination under this Act of origin, tariff classification or value for duty.
8 A6 w$ _. ?. O; X) R1 `
8 n& i  o  O8 c, t这到底是说可以还是不可以啊?
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