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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$ N8 I1 g+ q' q% i. A3 m" v
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
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Refund Requests
  Y# c, @2 |: r! O! w9 ?* B74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
. a( ^$ x3 z; jpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
* `( p% o: c3 i3 ~+ K$ Tof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
- s$ ?% ?, Q1 G: N! V(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to4 A) b4 ?* P. }
Canada to the time of release;- v' i7 {* D/ K& _  x  q8 H% K& k
(b) the quantity released is less than the quantity in respect of which duties were paid;
. U- c5 q* I! X# J. f% I(c) they are of a quality inferior to that in respect of which duties were paid;' r' i4 x' e, e! b7 z
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential/ j5 {' _# M) G: \& f. j. m% n# M
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the- h. Y) Y; H0 I  b
case may be, was made in respect of those goods at the time they were accounted for under
" F% J$ p1 u3 ^! T' Wsubsection 32(1), (3) or (5);. T( ^5 S) e. f# ^- D& c% m  ^
38 K# M* Q# R' Q2 n* R% o& h
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
" w# Y+ y/ c6 g4 W3 F, B8 Cpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
( r8 @* V- d4 o* T; f, j* u* Yaccounted for under subsection 32(1), (3) or (5);
4 ]! i  [" T  T: d" I(d) the calculation of duties owing was based on a clerical, typographical or similar error;2 W. D# s7 s$ A: z# }7 w' m
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
. G: v* Q) {/ u7 k  Mof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or! V7 r. ?0 b9 z. B) c( @+ i* d
value for duty in respect of the goods and the determination has not been the subject of a decision8 _/ p& g6 h* U" i0 `: b
under any of sections 59 to 61;
7 j- d% A- C4 A0 K' s  m(f) [not applicable to non-commercial goods];
; s6 x  z, A$ D& Z(g) the duties were overpaid or paid in error for any reason that may be prescribed.
8 `; E7 [& x  R/ s$ q6 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' N+ [' g( F3 \7 x, S* }2 _
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ {1 O' D  o  E* X% g
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)." _/ \/ n0 E" f( o) p
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim2 m( P- d6 ?& I4 p- }" i
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.: `+ {2 `4 ?" z+ y# y% S
(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 t+ j5 M$ g6 }. W  u: C6 O(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
" }1 W7 I' l1 c0 V3 I9 brespect of which the claim is made or otherwise verify the reason for the claim; and
. X8 b! s: u7 s3 @3 H( w# }(b) an application for the refund, including such evidence in support of the application as may be
' O$ e: @; D/ j# n& qprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the2 U7 S; x- j, d9 p& k
prescribed information within
  X- y8 O' M% O' |: ?(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)  a- |% j' d# V- y3 n
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
0 H8 n" |0 v- @( _& p+ W(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods' {* A6 I# I# c* d
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.0 `9 V' c/ J6 _; e' T& Q' i% z$ ^
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% K' d! ]2 T+ q) D5 d
this Act as if it were a re-determination under paragraph 59(1)(a) if
1 @  W2 E) q5 A5 k- t(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 z8 d' @! Q$ d: ?+ k1 R* G
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
! b: x; s- d4 Z. \1 M' P/ q: }% a* `) {eligible for preferential tariff treatment under a free trade agreement; or5 w9 B+ i4 S& g, L
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 O5 Q5 g$ ^% V7 B4 _4 }because the origin, tariff classification or value for duty of the goods as claimed in the application is
, G, v+ \' B9 w( {0 {& L  \incorrect.
' e% V: ~% Z) v(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),* i# h* o3 E, E  }+ M
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
+ p# @5 l% x5 U& o3 Q8 `other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
/ C& i7 a5 s; E& D! ^were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊?
理袁律师事务所
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