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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
# l; A* C1 h6 c, L" u( h- n' n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  y4 k6 F# j  c8 |, j/ T
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- S' D8 l# o6 BRefund Requests
5 q$ g  u; \  H- p$ N. ~1 c0 W4 }74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" p! [% }2 T  |4 c4 I& _paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ v% t3 R! X5 }" `3 h; t8 A0 a( N6 O9 t- wof those duties, and the Minister may grant to that person a refund of all or part of those duties, if) D$ P/ x1 b  h5 L8 M2 }" E
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to) g4 C( L& d' u! }0 R+ }0 a
Canada to the time of release;5 G# f$ t% m; S; _
(b) the quantity released is less than the quantity in respect of which duties were paid;
; ^8 \4 q5 m! ^" Q0 b(c) they are of a quality inferior to that in respect of which duties were paid;
4 ?3 o" }8 O8 s( x8 a( G(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
8 h% ]* J5 b4 |) y6 x8 _tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
! C& r$ G4 w- Y9 gcase may be, was made in respect of those goods at the time they were accounted for under: d0 ?9 y( G- X3 N$ B7 k
subsection 32(1), (3) or (5);2 {  E8 L; U. r4 I( H5 i* c
3; [+ y9 f$ [8 J+ s2 a" o
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
$ z4 x$ ]" Z. j, x7 s- h/ P! vpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 h" `, v. T. c0 k! `" O
accounted for under subsection 32(1), (3) or (5);+ J- z4 |: B8 D' q& ?
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
8 y( a% ^0 E- `1 Z, C, c(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ O5 D1 a6 t4 g& _$ U1 a  p4 oof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or/ B1 T' _/ S4 y
value for duty in respect of the goods and the determination has not been the subject of a decision& l( ^( j# ]6 p% F  u4 n7 I- u! l5 l- @
under any of sections 59 to 61;% p3 Z% A% L3 t( y" C7 Z1 B  R) D
(f) [not applicable to non-commercial goods];
2 p0 A1 P7 v2 S. B(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# Y+ D* W/ p& d(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; H& M  c8 @8 Y) ]- O9 u! C8 z& K. z! E
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of2 c% j: a8 D7 t& @  M
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ H6 B' M5 o7 A  Z' {' C0 W
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) y% l6 L4 u& c* Y( H# H
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
, K* o% ]* i) A5 m% V, ?(3) No refund shall be granted under subsection (1) in respect of a claim unless- o2 V( d- F3 A1 @" G8 N7 f+ v" |
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ I/ l+ m, F, i" q: n6 t% Rrespect of which the claim is made or otherwise verify the reason for the claim; and9 g" o/ v: y: c6 w2 R4 j' |
(b) an application for the refund, including such evidence in support of the application as may be3 Q, [; C8 G$ N( q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the9 O! H$ L+ P7 @* {3 g3 K- J
prescribed information within7 W! U: g' Y1 n' w1 {
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
) U. H& @# P' h7 {* j( e8 xor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
. R& A: Y+ D3 S, d  f: p# f  S(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods. i" j2 l2 _) f, E: F! ]; P6 d7 Q4 G' C
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
% e9 `1 ~, \. ^$ v' |6 r3 m(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
/ d7 P/ a5 C+ B  bthis Act as if it were a re-determination under paragraph 59(1)(a) if
4 A$ K: r) y9 l6 q. d9 w(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 e2 g4 ?& w% h! k  V4 C: \5 y, a3 j
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not$ G3 ~7 w. `7 n
eligible for preferential tariff treatment under a free trade agreement; or. Q. n* s1 g; g; Z2 ^
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
0 o/ x2 o! _) j1 V  n% B9 p% Q' r2 Fbecause the origin, tariff classification or value for duty of the goods as claimed in the application is9 `- e/ m! Z6 ^6 Z7 t/ A% n
incorrect.
& j$ t! Q. j6 ^" n4 Y6 S4 O: h(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
9 D! l* E- T2 D. I  d(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
' N3 I, s5 v+ x" q6 M, rother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
' D* S' R5 _) t0 D2 }* M" ?were a re-determination under this Act of origin, tariff classification or value for duty.
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