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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
) c( k8 z' g& N* I+ f上面说 非商业 进口 可以免关税?* p: o, s& `: Z0 N0 ]

: c9 C; K" Q' S8 D! v& e( W0 ]7 n9 q5 b; C: ~5 O# A( f+ b: {$ ^
9 X3 y3 y5 i2 w, N" ]  D* ~
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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+ ~( I5 h0 v' X3 IRefund Requests* ]# M  o7 v- I- N* X
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ ~" H. w/ L& T2 k5 Q3 Ipaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
* _4 n& L, [9 m+ x- d( xof those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 @* d2 j4 D! }; Y
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to& [( q$ v$ i& P. d+ `* j& V/ o
Canada to the time of release;
; V' i1 A4 B- F(b) the quantity released is less than the quantity in respect of which duties were paid;' p% A1 c. G3 y9 e: }8 r& `
(c) they are of a quality inferior to that in respect of which duties were paid;3 L6 q! Z$ U3 c/ H6 {/ [
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential* f+ c% T" G+ {& S% S8 n& L' ]
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
. ^: g5 Y0 y, n- Q2 Pcase may be, was made in respect of those goods at the time they were accounted for under2 m' I) P% h  F7 t
subsection 32(1), (3) or (5);# C# Y. L+ o# X
3
9 L, e. Y1 o% H3 N5 v' B(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for% x! n6 z* \# n1 f
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are& e1 `& f2 _* a9 G4 E- [# Z2 {
accounted for under subsection 32(1), (3) or (5);
9 @$ J8 q- R1 k" T(d) the calculation of duties owing was based on a clerical, typographical or similar error;: y" L6 |; G- E& M0 ^: z' @( O" |
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: E& y0 t+ c/ l+ S' O9 N5 f3 @8 xof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or$ [6 P( V# V( e, M( M; l
value for duty in respect of the goods and the determination has not been the subject of a decision' s& k. g3 f0 H3 k) [8 {8 X# u5 q
under any of sections 59 to 61;( }% c5 K: b3 j4 E
(f) [not applicable to non-commercial goods];, e% _& e( P9 b. E7 i
(g) the duties were overpaid or paid in error for any reason that may be prescribed.2 g8 s, x" @4 f: W2 b2 i' K* k  v
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* q1 G5 K2 V* J! ]
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of1 D' i: H  v+ U4 j
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).; B1 z2 f% B' L: ?, X! `3 F
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim' B( _: E7 |/ ^  q
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 `" h% L5 _( K. S; m4 g0 ^(3) No refund shall be granted under subsection (1) in respect of a claim unless
/ @, w" a* [5 `1 ^' i(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
4 n4 D5 a3 Z( t0 l* _, @# nrespect of which the claim is made or otherwise verify the reason for the claim; and: B% g8 u( ~! L  D0 k
(b) an application for the refund, including such evidence in support of the application as may be( t2 [! k5 a# F/ j7 c+ Q: b
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
# o' i$ N9 @6 ^1 Uprescribed information within
+ V* C8 q$ a, g) N" z! k(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
9 J" e6 X4 C. Y% i* y3 S" Mor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 T) k. d: [9 \) p7 E/ x
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods) n: ]' A" y' ]
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
( U2 q1 k# o7 w/ o  d3 p/ M(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 Z( t7 r# o  r( O5 Z
this Act as if it were a re-determination under paragraph 59(1)(a) if
5 T, u3 K# r  y5 b6 h8 M2 R" }; F; L(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
  E6 g* c7 L( Gbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not% i- i& N$ ^& c" `+ h
eligible for preferential tariff treatment under a free trade agreement; or$ Q/ N5 y0 Q- `5 E, a
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
3 h5 A; i  O* ~! @6 `0 Obecause the origin, tariff classification or value for duty of the goods as claimed in the application is
* N7 u$ s* K. g) \) D3 ^& |incorrect., m. K1 }# d; Z) d/ }
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),4 o4 e# I  m9 s( |* v+ w# I* E; Y
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
2 C% ]/ y- z" B6 c' ?, aother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 {( J( ^  i8 C4 mwere a re-determination under this Act of origin, tariff classification or value for duty.
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