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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 Importations9 _7 p' b- h* f+ x6 @
上面说 非商业 进口 可以免关税?, _! p( c4 n9 A+ m0 y5 ^, b
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- \1 [3 J5 Z# C. v+ ~! z8 m9 uhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf9 k1 r/ K2 P5 c6 H

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6 q. P, p3 k! Y. l6 ~! Z. iRefund Requests
5 \- u' H$ Y3 E$ p74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who0 B6 Z# t1 }, i# {1 d# ]6 Z
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ r, E/ j+ W4 I8 G& y% [1 I9 \of those duties, and the Minister may grant to that person a refund of all or part of those duties, if2 ~  Z. C4 K+ G4 A0 ^% u9 G
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to7 b3 T' D# z: K+ R3 q! H* {- H
Canada to the time of release;
) \  U+ p: o. c/ A7 f(b) the quantity released is less than the quantity in respect of which duties were paid;
2 z# o% p( P9 f& C8 T8 R* e6 P(c) they are of a quality inferior to that in respect of which duties were paid;
* T: E2 J; x! H7 s+ r% J(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential' ]' x% i5 y0 A9 s. N- Q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the+ U7 q" r7 o; ]7 n
case may be, was made in respect of those goods at the time they were accounted for under* U$ d4 L  E+ W+ b
subsection 32(1), (3) or (5);* A% \8 J! c* H
3% N+ B& l1 x+ ^& X* d
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for& t/ C! e+ F2 s. a: i1 L  |
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 X9 m) m: ?* N7 b1 q6 H7 s: F
accounted for under subsection 32(1), (3) or (5);
( w* d1 J( j; M) g) G. n(d) the calculation of duties owing was based on a clerical, typographical or similar error;
5 R4 [+ w3 Z( p: J) ^+ `7 d(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
) d: z, f# v2 G* [& wof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or% D2 Z2 K. V6 W( G2 T( w
value for duty in respect of the goods and the determination has not been the subject of a decision
! x  b- v# p( W. C+ uunder any of sections 59 to 61;- ^7 w+ k- Q5 Z
(f) [not applicable to non-commercial goods];- B* E7 j7 K7 N& B5 F' K: f2 f* H
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
1 f) e, `! ]; X6 e(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based, l5 K. D: G2 ^, V- k
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
, z4 w2 k9 I; U5 L4 O; s3 pthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
1 P' W# R% ?+ W- Q) [(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
2 b6 k. I% k3 ]% \4 ?; K/ dunless written notice of the claim and the reason for it is given to an officer within the prescribed time.7 z) T4 ^9 p8 M
(3) No refund shall be granted under subsection (1) in respect of a claim unless0 W$ ^& E2 G( E% c  B9 D8 O; B
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
* ~, S) Y/ c7 C# u, X0 [* prespect of which the claim is made or otherwise verify the reason for the claim; and
9 J# _& |  s+ v$ u$ v1 ~(b) an application for the refund, including such evidence in support of the application as may be. E) @4 \3 }( b& q# ^
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the! |+ F8 w/ m- T) p. o  K+ ?
prescribed information within  ?6 m6 Z9 i: n  {9 v
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)( y0 D1 o8 E9 R2 t5 j5 K
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and9 O# c$ Z0 |: O4 R! X7 H' t  a* W0 b
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
0 `7 J; |( @8 b+ P; f2 Pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.7 ^7 G' z- i9 q- Z/ }
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
$ [- w2 D) K3 I: A( }this Act as if it were a re-determination under paragraph 59(1)(a) if
5 E# ?7 d# d+ g( S# U(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied) ^# r  j  {7 ]0 U
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 Z( I- ?  E3 k  V% zeligible for preferential tariff treatment under a free trade agreement; or1 S6 D6 H, w' |
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. c: X% `  A" m' a! O
because the origin, tariff classification or value for duty of the goods as claimed in the application is! M& m1 H. }! m! R
incorrect.
4 \& ~9 ]/ J! o6 U  M. V( P(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 i1 k& Z( N9 g! ^9 \7 F9 o
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground3 W5 [. m4 Z5 J$ R7 @6 ^8 x9 Q
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
) u4 F4 B: E7 j# [* cwere a re-determination under this Act of origin, tariff classification or value for duty.
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1 s" u% |: {3 ?0 Y这到底是说可以还是不可以啊?
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