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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
6 U9 Y" D! O. R- b) y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" z% Y9 Y" q5 Y
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Refund Requests+ G0 }5 J9 s. \. e+ G4 e
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who2 T: l6 E1 u! k3 q& I- w( R* ]# x9 n
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 G4 |( l8 Z/ v2 ]3 i' Gof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
8 n% y8 ~" ~8 J(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to7 S: g. ~# c  x4 o; P0 T# @# |/ N( d" x
Canada to the time of release;
" c' @$ j" H( D8 ^1 p9 \7 j1 s(b) the quantity released is less than the quantity in respect of which duties were paid;& Y$ R! j! {* }1 Y4 R
(c) they are of a quality inferior to that in respect of which duties were paid;# Q! a* J! L$ V* M  d
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential) K( k: G, b9 A$ n; R' `
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
* M( [4 I) o! N- u* J; Z% Bcase may be, was made in respect of those goods at the time they were accounted for under# \* f- a2 c2 N# d, b
subsection 32(1), (3) or (5);
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% e9 \! g$ Z! D(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for, d9 f, y6 A# Y
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; u8 s8 Q4 _5 E# a$ Y6 \6 {0 E( haccounted for under subsection 32(1), (3) or (5);
2 s7 _! J& Y6 g% ]" @(d) the calculation of duties owing was based on a clerical, typographical or similar error;: t! Y+ j) Q( T
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
) |8 S+ Q4 M0 D( n1 Tof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or* H/ `9 m! t% C. I( h7 G3 `& V- J( M+ U5 r
value for duty in respect of the goods and the determination has not been the subject of a decision  T7 Y. G% }; |( s: C9 w
under any of sections 59 to 61;" ^( J" c! P/ }2 d& l: M
(f) [not applicable to non-commercial goods];
' g0 p5 E- z- K6 r: O(g) the duties were overpaid or paid in error for any reason that may be prescribed.( D  |$ p% w: U) b8 ?' M( |
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
1 t3 H6 L" A8 N2 d) B9 von tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of: M6 @; `; b3 a# U: K
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).4 X6 X! U6 B. s3 i6 h, @3 U
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 y. x7 D/ |- J; junless written notice of the claim and the reason for it is given to an officer within the prescribed time.4 s+ g+ O% I! G0 k5 m1 X# H
(3) No refund shall be granted under subsection (1) in respect of a claim unless0 r' {* x& D. a0 ~# J
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in$ ^- R' d7 K5 `, q
respect of which the claim is made or otherwise verify the reason for the claim; and
* m1 d- b( x+ A4 s3 m1 n(b) an application for the refund, including such evidence in support of the application as may be, K# H4 @3 ?  S
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
7 |$ P/ ~5 m" u- fprescribed information within8 o7 R% ]! D0 p  U* h" C
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
+ z3 u8 T) i7 _5 J. xor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
& [7 i: t4 [( D3 `% U(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
  Y" I2 j( T8 y& Y# t% c5 xwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
3 j3 {" Y' B+ {, s6 A3 b( u9 m(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of/ c5 s: a# `% X* Q* e
this Act as if it were a re-determination under paragraph 59(1)(a) if
; J$ l) K. k% }( a# a1 `(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied7 E2 x! w3 n3 N+ W
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 K4 W/ Y5 [/ peligible for preferential tariff treatment under a free trade agreement; or
- x2 c. I0 `; L  d! k, x8 C1 X9 G(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
! k: H' ]: q" s: Wbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
6 l! u3 v3 A, ^, w+ |incorrect.$ x- e: E: G$ s
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
1 b5 W& j8 y8 T1 v' k) S(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground/ n! q, V+ j# v& n' Q6 P
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it0 \7 E" b- y1 {, C: C' w; {2 r
were a re-determination under this Act of origin, tariff classification or value for duty.
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: }& Z6 [; ^# g9 T这到底是说可以还是不可以啊?
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