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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" ^/ A# _- |4 z9 q" F
上面说 非商业 进口 可以免关税?6 o% R  n8 S0 Y7 j! y& `& N, o

; R5 H$ m6 {3 Y9 h% U! @' y  v5 h& g' J
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf9 u& ~7 ?4 Y5 S+ {

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Refund Requests
* X* Q4 R7 g& [74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
; @6 [9 i4 S  k# V7 ~6 m! spaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part3 @' D. S/ |. C' Q
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ Q5 g: G9 O( r& W! Q(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to1 b) R- i, j) B- Y0 L- n
Canada to the time of release;
# A+ D% ?" h: X* f% f" M/ @; ^(b) the quantity released is less than the quantity in respect of which duties were paid;
2 v* d7 X+ f! C, _" Z% O8 r(c) they are of a quality inferior to that in respect of which duties were paid;
* X: g5 q7 b7 d$ ~(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
8 j! x% N/ _% ]) C, B6 V9 ~tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) i; Y9 k$ K5 \7 i
case may be, was made in respect of those goods at the time they were accounted for under
8 H' d* p3 G4 d+ w; Nsubsection 32(1), (3) or (5);
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, {; j4 A2 ^; n+ Y9 \1 c" P(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for; j& w" E$ R' L- [
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are2 j" r* j0 m: L$ P( h. S/ z3 V, T
accounted for under subsection 32(1), (3) or (5);
9 k% R* R: B# ~! V* k* d) Q(d) the calculation of duties owing was based on a clerical, typographical or similar error;; q/ c9 w3 Y1 O+ Q
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
( Y  T0 ~' ]1 p5 k: m& Eof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
; \+ y7 b" w. P5 ivalue for duty in respect of the goods and the determination has not been the subject of a decision# m  I) i' _3 [4 N! A' e2 `
under any of sections 59 to 61;
/ G( k7 H' J/ W% M; e(f) [not applicable to non-commercial goods];
6 w7 E% c! C3 i( E(g) the duties were overpaid or paid in error for any reason that may be prescribed.5 B* K/ F4 o- N5 f1 `1 }( V) r2 v
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
2 `$ P1 `, T+ l' ?6 yon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
0 W2 r3 P/ G- s7 F& Z1 Wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).- H! w* k0 m* }7 ]6 F
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: q' e" }4 P4 I- ?9 Z9 Punless written notice of the claim and the reason for it is given to an officer within the prescribed time.
" W, l. Z. Z6 m+ F6 I- F6 H) G% R(3) No refund shall be granted under subsection (1) in respect of a claim unless
' f3 N$ z" d, y(a) the person making the claim affords an officer reasonable opportunity to examine the goods in- x  D7 P! D0 Y1 M3 q5 T
respect of which the claim is made or otherwise verify the reason for the claim; and
* \" H0 V- H& x+ L0 d6 Y(b) an application for the refund, including such evidence in support of the application as may be
8 K5 o- n5 J4 hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
& x4 P- S0 v8 ^9 M5 g0 }  U  I- D; xprescribed information within1 @( Y4 k: V3 s! }$ \
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): F" W! G% T. ]5 _+ J9 ?& @
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
" m8 r1 T; u0 |, {, ~! M# @(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
# D% H/ q  a/ c5 qwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
$ y2 J4 g0 [4 E2 W: f+ N: z1 P(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
% s# ]$ l  Z- [0 A* R# uthis Act as if it were a re-determination under paragraph 59(1)(a) if
; [! c$ H5 {8 `3 w(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ e0 g" ^) K: O
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not* U4 V3 S0 ~1 |
eligible for preferential tariff treatment under a free trade agreement; or
! i3 x1 p- ?$ o$ m8 N4 h+ l$ e1 `(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
; Y6 D6 E; E( k+ Abecause the origin, tariff classification or value for duty of the goods as claimed in the application is
2 U, d$ Q1 _) z. W6 ^* G$ _incorrect.
2 t* K  V+ U* j2 ^# K* l(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
: W& D7 y. s' C1 s4 I+ c* i(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
3 i- q& r2 V: M/ e5 Zother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# ]+ v: g4 S/ c0 @' Y8 i8 X
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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