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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" u/ }0 y7 n3 d$ t9 q5 \+ e" h
上面说 非商业 进口 可以免关税?
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- U2 ?7 M6 P6 S) {http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf9 a' o9 ]' O# o( V9 U
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Refund Requests) n! C- [1 m7 E% u: |+ N
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
/ p" ?' T: ~$ p2 R" Bpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part) n& z$ S8 [: z8 V
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if3 ^2 ]' M8 S& u* I9 p
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ v* I: {% j1 S1 o. U3 q  e1 ~Canada to the time of release;
& Z& b! o6 a  ~# \7 Y* ](b) the quantity released is less than the quantity in respect of which duties were paid;3 h: [; y' h1 E9 ^+ D7 V( z
(c) they are of a quality inferior to that in respect of which duties were paid;8 g+ ^/ T9 L; @4 p0 M* H6 M( F
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential! U8 Z( G$ B' ]" |/ X- q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
+ Y# l+ h% B& jcase may be, was made in respect of those goods at the time they were accounted for under
5 Y! m" j# Q4 b4 L% X8 Qsubsection 32(1), (3) or (5);! v4 [1 M1 T& B6 h3 j6 ~$ j
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for7 k4 c1 g! o1 t: N9 P! z; n
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
# \, ^% Z- c, m3 `% j  Z4 maccounted for under subsection 32(1), (3) or (5);
# C  K9 H$ ]8 `, w  c0 S9 G5 r(d) the calculation of duties owing was based on a clerical, typographical or similar error;
- f& H! r# i- @( }( U# H% P(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
/ p1 X& c: j; y  `( F/ f! Zof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
/ S! o8 b( |# A2 C' U+ yvalue for duty in respect of the goods and the determination has not been the subject of a decision
6 e; B4 ]% y- nunder any of sections 59 to 61;- w5 \9 R" d2 g5 f0 X% d2 u
(f) [not applicable to non-commercial goods];& B* q4 l" F0 v/ ^! h( q4 [
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
" P8 ^, q+ o  D5 j; u(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 H  L" S- d; con tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ G3 c1 u6 e, u" Fthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
6 D( T. F% b8 H! _(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
' [( R" D2 w7 Wunless written notice of the claim and the reason for it is given to an officer within the prescribed time./ }% S- N, s+ ]
(3) No refund shall be granted under subsection (1) in respect of a claim unless
! \/ d! A& o' `(a) the person making the claim affords an officer reasonable opportunity to examine the goods in  k4 H: F6 y+ C  H& C2 a* z
respect of which the claim is made or otherwise verify the reason for the claim; and0 h- K$ T" x4 V
(b) an application for the refund, including such evidence in support of the application as may be; L; c5 S4 V" h' x+ i( f9 ^
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
8 |1 ]- a; g8 \1 E9 k6 Bprescribed information within* l# d; A1 P0 u, I) a7 a
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)# ?" ~$ \5 C7 W! t
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
! b' G6 x) X. O, t; t(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods' o% l8 \# b3 X# y
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.7 }2 r1 i8 W/ g4 s9 P4 S
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of/ p7 @6 L! B4 X3 T$ A. _
this Act as if it were a re-determination under paragraph 59(1)(a) if
1 _: [: F' m/ ?; d; z3 z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
/ V$ L7 R. L- l4 F9 i8 l; g& rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not/ N6 M$ J: r& `
eligible for preferential tariff treatment under a free trade agreement; or
" p- _; P, [- O# h6 i9 }  u* E; L, E(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied5 g6 T- o6 [' B5 K- U* O/ y
because the origin, tariff classification or value for duty of the goods as claimed in the application is6 L4 R4 w0 u- T7 @
incorrect.
0 v! l, B/ O" V8 O; ?" ?$ _1 H2 I(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; C# _2 {% l2 @# w( B* ^) V
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
- C/ @! y2 c9 I3 z; Nother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 \) O% ]0 q& y' k% y' Uwere a re-determination under this Act of origin, tariff classification or value for duty.. i; X; t9 |, W" L. I' t

3 I5 K& {+ v  I这到底是说可以还是不可以啊?
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