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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% u/ L5 {! n( _1 K
上面说 非商业 进口 可以免关税?
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' s- T* M) z' l! w/ c7 S/ V# N9 K" lhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf3 }9 J7 o0 n* Y& |  T1 h
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Refund Requests3 u: L- m& K. _+ j6 k
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
# O8 S' v' ?  H, tpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
; l$ }/ {' L$ s# E  L1 fof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
* b! |# n/ S- A8 y(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to. C* E0 d* L% @' @1 W* O9 ]
Canada to the time of release;
6 f! \, p) i) n7 {(b) the quantity released is less than the quantity in respect of which duties were paid;3 V7 O7 a  ]# G% k' [
(c) they are of a quality inferior to that in respect of which duties were paid;
+ E; I5 ~: t. |+ s0 r) ]; |(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 @9 d8 H7 x  q6 k- H7 _8 E6 T, }
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ H+ z2 w; _9 [/ H4 }
case may be, was made in respect of those goods at the time they were accounted for under
8 Y$ @3 |& z0 a6 S. }subsection 32(1), (3) or (5);  @- [& L- r- I: Y& B  G
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for: U2 b; b) C' E1 `9 ?% Z- k
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
$ w- [$ C. \+ W# a) b6 ]accounted for under subsection 32(1), (3) or (5);
) _/ r4 Q4 J% _9 k1 H(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 B0 V7 l0 ~9 ~3 L(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)" B" R. |# d- n/ H
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or: A7 e2 y) w3 n) v" N# _5 n& Z' \
value for duty in respect of the goods and the determination has not been the subject of a decision
* z! I1 e, z: }( Aunder any of sections 59 to 61;
( _5 L2 o) r$ V' S. `- T# {(f) [not applicable to non-commercial goods];
( X" e' c0 E' A1 k! [: C: ~( ?(g) the duties were overpaid or paid in error for any reason that may be prescribed.
- N; S5 l, k. }$ P+ c. @  y(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. w5 b' [8 U. g: n6 \7 ~! V2 xon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of/ x8 |! M9 ]1 c# H$ c1 P1 T
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
  p6 G& M( T7 |. O7 `$ s(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim, w1 x* m$ O7 q* d
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
# U! U1 W3 Z/ q% H& q' c(3) No refund shall be granted under subsection (1) in respect of a claim unless
5 n/ g( U+ \  D(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
2 w+ X0 G! N  ]: t: l. Vrespect of which the claim is made or otherwise verify the reason for the claim; and! T' m! Q0 L+ T1 P- q
(b) an application for the refund, including such evidence in support of the application as may be
- K1 Z# J9 E, \8 \prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, l" j. s# U- E, Jprescribed information within3 s$ |* W- B+ Y1 z3 {' f( w; B: ?
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)/ [; N" `- t& z3 Q: Q9 _- ^
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and) d) S- I$ N( O" Q3 m
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods% c4 d  L% h2 H: A
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
; p+ k# t4 `- o1 _2 \9 q/ E(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! \" {; L. |8 R: j) x# W
this Act as if it were a re-determination under paragraph 59(1)(a) if
! ?8 t! D7 R9 {+ [6 K(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied0 L! v; }  U% z" T( w
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not* [3 x; k6 m8 ]; x" _
eligible for preferential tariff treatment under a free trade agreement; or: u# @+ q9 C+ b) w( d3 S
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
2 |5 J8 r+ s$ ~5 |  N% [8 T/ |because the origin, tariff classification or value for duty of the goods as claimed in the application is& [/ J% B/ p# m$ z$ @# v$ ^# M
incorrect.
( x; y1 _  L' E8 p(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),2 h$ z3 f3 I* q) y7 s& m
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
' G0 ^  o$ E% i. S" Cother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ ]: Q8 s1 U, S. ~8 o
were a re-determination under this Act of origin, tariff classification or value for duty.! ]/ W( E0 W4 X/ W* c& Y1 x
+ R) y/ X# c5 s! p" a8 C$ u3 d
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