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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
/ ?- r4 {5 Z! p  X: i/ x上面说 非商业 进口 可以免关税?
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5 b+ E9 b) I9 r' K) ?$ Y6 p
- |6 [; n2 V) @8 Y" F1 G+ c

5 X  l4 B$ f" a* }: _, ?% zhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
$ |: d# U8 {. x- o5 b" U$ S
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, v/ X% }' _$ V3 k: gRefund Requests
) u! f; V. W1 h: ^$ r74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
/ U. C6 h2 v% |' V* |paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part4 `) o1 |! ~8 U* e8 S2 g
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
: [1 m/ i  D  f. d  O5 Q3 ^(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to' H0 d/ t3 |- M& c- O
Canada to the time of release;
# K# {* w% i" I. g( W(b) the quantity released is less than the quantity in respect of which duties were paid;
/ a$ |( i: g2 O0 r1 z9 f( Z(c) they are of a quality inferior to that in respect of which duties were paid;& b3 u% H! M, F4 m
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential; c% _  e8 w4 ]
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
  d6 z; N! k. D* kcase may be, was made in respect of those goods at the time they were accounted for under" i9 p* m( L- A- ~3 U6 H
subsection 32(1), (3) or (5);2 q2 Y; b1 \1 x
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
3 [: |1 |- d6 e5 Q0 x. c8 [- hpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
" [+ a* n3 j. r8 x) N1 K& maccounted for under subsection 32(1), (3) or (5);
8 {' P! l4 k4 c8 ]: ]" P- T1 m$ Y" X(d) the calculation of duties owing was based on a clerical, typographical or similar error;  e" Z$ g9 a9 t9 b* ?2 g# R5 n# Z9 J% x
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)# l4 Y) Q* R. L( ?# O2 r" j
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or+ }4 t7 C" q% U4 {$ @9 A% z. }7 G; U
value for duty in respect of the goods and the determination has not been the subject of a decision
9 e- j8 b8 f, x+ {! h4 Xunder any of sections 59 to 61;
. z+ ~" b, u, v, w' w( h' O(f) [not applicable to non-commercial goods];
' v# [( J, m0 y& K4 \# x, _* Y(g) the duties were overpaid or paid in error for any reason that may be prescribed.
" @* f/ Y& m& H% n1 F6 f' n# |3 ?(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; `! W0 h) w6 ?& O6 u0 l% |
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
  G% T' p5 q2 C8 o7 |this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
7 f4 @7 I% W) k' r7 x8 Q! ]  M- T7 Q(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
% ^' m9 z, R, g3 n; ?unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
. W8 G  U' r. x. i: `2 \(3) No refund shall be granted under subsection (1) in respect of a claim unless
4 a+ ?/ b* G0 W! {(a) the person making the claim affords an officer reasonable opportunity to examine the goods in2 v2 \6 W. S5 S6 `
respect of which the claim is made or otherwise verify the reason for the claim; and
0 u3 [2 s* w+ a% `  D(b) an application for the refund, including such evidence in support of the application as may be
: s% k3 e9 J4 p% |6 oprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% _0 X7 @0 Q& _
prescribed information within8 J9 w  l6 b: O/ \
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
7 z% [) @6 r# Y+ P% jor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and: f; G7 ?$ C7 r9 C3 `1 g
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 A; e) `# [- f5 W$ C
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* R% |& o( g2 o/ O8 {5 G; {, h8 \
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
5 e% t$ G  a3 ^# m. X! ethis Act as if it were a re-determination under paragraph 59(1)(a) if0 W1 k7 m# }+ R4 u, e- w( ~" d
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 e/ j1 t, o' z3 q. G- Kbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 w' n1 f% ~8 p: w2 t" aeligible for preferential tariff treatment under a free trade agreement; or" x" Y/ g! ]! n
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied& u$ n  Q  _+ t; b9 V8 d2 n: q9 Q1 s
because the origin, tariff classification or value for duty of the goods as claimed in the application is
8 {7 i# V" u: H+ V' Q) Oincorrect.0 O7 g  `  q- q' z, y6 r3 ?. o
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 P1 |  e" h3 X( h. ], [( J$ C: n6 ]
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground! {3 |6 _3 k0 u/ C0 v
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it. E7 K6 R4 ^2 t4 q# |4 ~
were a re-determination under this Act of origin, tariff classification or value for duty.# T+ ], x% I0 r: G6 R
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这到底是说可以还是不可以啊?
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