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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  q2 B; A! |; z: ~6 _" S: I  t
上面说 非商业 进口 可以免关税?9 X; W8 F7 `) O- |2 l/ d- E
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9 P; B4 q: [* d# q2 O- u$ \http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests# i* r2 {6 Q( \" O
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
( p1 T3 D5 a! y, G( Gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) d6 d$ c& u" G/ C' M. _  f# Pof those duties, and the Minister may grant to that person a refund of all or part of those duties, if( P. |+ }. x5 B. ]
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to5 r4 R, O) s' y, e- s
Canada to the time of release;
# }3 T; {" m( m& f$ }9 W(b) the quantity released is less than the quantity in respect of which duties were paid;% a- h6 K3 q9 E) B3 ^) I$ W! E
(c) they are of a quality inferior to that in respect of which duties were paid;
" _" C; T0 ?% }& V/ K, o. ^(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 t2 g9 ^, q1 J9 R; @( H. ]6 wtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the  C- l6 K, u4 O3 P/ C
case may be, was made in respect of those goods at the time they were accounted for under
/ ]# X" m& N3 h% \2 C% F- xsubsection 32(1), (3) or (5);5 a  ?+ l" T; y+ Y( @$ d( b5 D
30 x* ~0 M) q( l# R/ X6 W! X8 p
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for& g% Q6 R2 L: F  u3 o
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ Y, d* }5 k/ s5 Gaccounted for under subsection 32(1), (3) or (5);
- x$ y# C  ?% z( p9 i, x& |- w(d) the calculation of duties owing was based on a clerical, typographical or similar error;$ K5 e, v# g" ^/ b
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)1 j9 s; R! K7 L1 @& K; d; y
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
$ B# h7 r/ p* C1 j! S( ?& Zvalue for duty in respect of the goods and the determination has not been the subject of a decision
1 X! y# w8 z: \+ q- B4 Qunder any of sections 59 to 61;2 r: I- m! U; n5 U9 ~# h3 S8 z
(f) [not applicable to non-commercial goods];6 u" l1 A  O9 v
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
0 Q# @+ {; I# Z- Y8 W(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. m' X! r: B/ y2 X" `# Aon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of: c" t) D) |$ U0 n4 n1 y
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
1 P4 P$ D  @& @* r1 W7 ~: \(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim3 v  w* c0 k" w  f5 g0 _9 ~
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
1 P; e4 z8 n: ~' _4 |/ }(3) No refund shall be granted under subsection (1) in respect of a claim unless- U/ b5 d7 i; y& E% p6 i
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ ?& t% x. T& J% N' B$ prespect of which the claim is made or otherwise verify the reason for the claim; and0 q0 s/ Q2 S7 h$ a
(b) an application for the refund, including such evidence in support of the application as may be5 X. G, w1 x1 @3 t
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
0 W7 a4 v; ?1 \/ X. {0 s8 S9 j4 fprescribed information within% n; F, C" P$ C9 F/ W. n
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)( I6 ]2 D; X9 y: g3 N8 [  s7 e" p
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and/ z$ e- j/ Y) Z6 ^& D5 E  i
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods8 `2 d5 |3 P3 F# e9 T' v% X
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* A6 I9 x% D5 J8 Z2 F  h
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: V! [' Q# I; o* k+ a) u9 zthis Act as if it were a re-determination under paragraph 59(1)(a) if, l# \7 e  R5 B9 {
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ K! _/ l6 G% m$ }
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not: O0 k3 i) U+ X( G
eligible for preferential tariff treatment under a free trade agreement; or
) t) {/ m$ [- V, B(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied3 S* j8 H+ q% T9 C9 U8 {$ p
because the origin, tariff classification or value for duty of the goods as claimed in the application is
! I: ~7 f) }% s8 Y( h6 l& D7 pincorrect.
* t5 V+ F6 t( q0 M8 o(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),# F' |/ C. V, [2 t) p; p' P% s
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
+ O' x8 q  D0 G7 M/ X2 w4 c; S# ?other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
0 q! w. @7 k/ R% e0 c" Pwere a re-determination under this Act of origin, tariff classification or value for duty.
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