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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
! o$ S1 `2 f0 q上面说 非商业 进口 可以免关税?/ S% P) x( O5 L# ]# N0 b

& k1 J1 X6 L" i- l2 d! C$ i1 Q: ^' W  v

! }3 G- l( u9 k! b: _) E4 f+ X) Qhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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* f# t) h) u0 Y+ q/ E6 _6 mRefund Requests
1 D4 d  z2 n7 P& y' s2 p0 n7 f+ x74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
+ Z7 ^4 Y" t- jpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
& w7 X8 U5 {( j1 e1 M+ ]of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" \. g7 T: [7 J+ j* p, \1 U3 L(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
+ T1 g; ]; y( Q& I* HCanada to the time of release;2 U' |- h5 ~) J
(b) the quantity released is less than the quantity in respect of which duties were paid;& c) Z/ L1 F. I
(c) they are of a quality inferior to that in respect of which duties were paid;
, H4 ], j9 _- ?. [4 Z& h; e. u(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential  v3 _( d: {- I  a9 [* }! b
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the3 v5 }8 B2 ?- G. K: z
case may be, was made in respect of those goods at the time they were accounted for under
7 c" r8 M% u# V5 tsubsection 32(1), (3) or (5);9 a$ N. R- y3 U0 m' ~5 c
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& ^% G5 ~) r4 l& `( m# P(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for/ Z$ ^/ }/ S+ V. ]5 p
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are8 h. t% K# T2 E- J- X8 f3 x
accounted for under subsection 32(1), (3) or (5);! `7 o5 M/ P# N9 q
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
7 \6 B" Y: K$ @, @5 w* v9 H- M0 r(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)! l% u& }# |4 h' C: x
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' ^6 Q' F7 k7 y9 y/ b) Evalue for duty in respect of the goods and the determination has not been the subject of a decision
, g& r( {# k) g& Hunder any of sections 59 to 61;
+ I+ [! b! A" V7 o" u+ S" ^(f) [not applicable to non-commercial goods];
- `; c- k) L" }) G9 u- W(g) the duties were overpaid or paid in error for any reason that may be prescribed.: z% Q1 x9 q6 _# E$ G
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 e* N  I  E* T7 _& T2 Q  non tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
+ X: r  |+ O' X, v, gthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
% [) `" H  W& ~" L. L(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
- h1 u6 ~* f6 B( Punless written notice of the claim and the reason for it is given to an officer within the prescribed time.; z0 {6 W6 f; o, z
(3) No refund shall be granted under subsection (1) in respect of a claim unless& T& F/ b2 h( u' L: h1 d/ ~
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in" I; Z/ Y. S  ^: T& L
respect of which the claim is made or otherwise verify the reason for the claim; and
& C- m$ L( ?8 m; n5 ^(b) an application for the refund, including such evidence in support of the application as may be
2 |( L% X, c7 z8 z- c9 Qprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
5 P/ A  [) h- S' f1 `prescribed information within: A, y  k1 V6 F4 J, X7 a, }/ D2 p, o
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
+ S* v( Q& L. ]7 K8 P5 Jor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
8 F5 _8 j5 K$ X) n+ `(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods3 M2 N* I6 c- t9 d( ~% H1 D
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 C$ c. b. b6 s2 ~* E0 o; f
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, q: ^+ S# ?3 ?1 z3 B
this Act as if it were a re-determination under paragraph 59(1)(a) if/ E- T5 x" e: K$ l8 P1 t
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
) T/ ~% R9 I) ibecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not* p! w, X  n0 _- i  b0 b
eligible for preferential tariff treatment under a free trade agreement; or
- ~& N# `: Y* F+ r(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied5 r* b# j+ |7 G* g+ z
because the origin, tariff classification or value for duty of the goods as claimed in the application is" J8 T: I+ ~3 [, \" T
incorrect.
! z6 ]. X# E: @0 y- R2 ]' l(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 l5 c1 Y4 s# e% |
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
7 X* L% |) I" |other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
; @8 g8 G( {5 ?; ]& {/ w( zwere a re-determination under this Act of origin, tariff classification or value for duty.
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