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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 Importations9 N6 Z; ~8 ^, a! ^: g' v
上面说 非商业 进口 可以免关税?% Q8 @3 D$ }/ P9 R; Z0 D9 T+ H
1 ?0 T0 f6 I4 }" }
" y. a' h8 j2 _. |( c" ~# k* j

& p- }# N9 G1 }* y3 X/ |8 k  Ehttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. E+ H; r5 p1 v8 K  b

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2 W3 e3 h. k- r% T3 [1 @3 jRefund Requests3 b7 @) G( a) r; E  m
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! T- j1 ]# _: o5 npaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part* k& n$ o% u+ T, A7 M8 d) }- s2 t% _
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if4 P  X4 s5 v9 I- b+ @9 K
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
6 Z7 @+ h- A# s# v4 LCanada to the time of release;4 ~! M6 r& B9 ~2 E- i2 T9 e
(b) the quantity released is less than the quantity in respect of which duties were paid;
$ B2 O) R4 p/ c6 G: B7 ](c) they are of a quality inferior to that in respect of which duties were paid;
; t$ p# @3 C) a1 g9 |* @) {, ^/ s(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% \0 w" c4 O- ]; _) I0 a+ W
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the- Y+ O7 j) `1 h$ {3 V, l% B
case may be, was made in respect of those goods at the time they were accounted for under7 D6 p9 @. b$ u- h& W
subsection 32(1), (3) or (5);$ O  j. i) d* s. ?- G2 c# i
33 @  G3 x" B/ y6 C
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for* _3 ^8 S, B: e" E% ~% K, S
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ `! f5 {9 i# T2 c4 raccounted for under subsection 32(1), (3) or (5);
0 R- V- [9 A. V! [" m$ d(d) the calculation of duties owing was based on a clerical, typographical or similar error;# c: Q. |, R* S6 ^0 S/ Y" y
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) H5 p9 Y' z3 ]  l! }# n- ^% M. Z0 b
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
) o6 ]6 u; w* |value for duty in respect of the goods and the determination has not been the subject of a decision) j+ N& d9 T6 J: y' w  k
under any of sections 59 to 61;
7 s0 K8 R. `8 d, m$ A(f) [not applicable to non-commercial goods];
) {9 u0 F  O' S( i; v(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# K- T- ^* ~; c( a- G(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 }1 h2 R0 W  @# e, [; won tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of2 H6 ]6 G- Z" v5 x
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
: H2 V# `4 d9 g) e. s& W* G7 e(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
# Q: Q# R, Z! j! i* v8 Z# uunless written notice of the claim and the reason for it is given to an officer within the prescribed time.7 M% j; J2 {+ \6 K1 N5 h/ r2 r
(3) No refund shall be granted under subsection (1) in respect of a claim unless* S. n8 l% M$ k" _) ~8 x; z/ I
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in3 a7 ~8 x! \6 ~% z+ W% B
respect of which the claim is made or otherwise verify the reason for the claim; and
1 A1 V. I: y/ F# \& [(b) an application for the refund, including such evidence in support of the application as may be
5 T" D- X3 t" R' h( {/ Yprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 o, K/ \# i0 z* o  L+ T+ _8 g% Y& k, ]
prescribed information within
* Z0 A4 S3 O9 X0 K+ k6 H' g) a1 L(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
& h; G. q* p7 Mor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% `8 n1 \- H0 n; f0 D5 n(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; z' y9 m- y" _# M  zwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 Y5 z1 }7 H0 u& t) d8 E# n1 P
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" H. x* B" p/ G2 l8 R8 zthis Act as if it were a re-determination under paragraph 59(1)(a) if4 F  H5 e  }# v
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied& L- T  g6 y1 i9 [
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
. P( j0 L5 D$ N' R, d. u% l0 neligible for preferential tariff treatment under a free trade agreement; or& V7 F  w3 _4 ~2 w
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied2 C) x' }- }; _3 P) k/ ]
because the origin, tariff classification or value for duty of the goods as claimed in the application is- {) X$ |$ _7 B7 |$ f. _
incorrect.& ]4 T) ~: H6 q/ z1 v: f2 [. i" \/ E
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
4 ^4 m4 F/ q" L# M1 [/ |(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 a6 g8 }/ O) D4 y5 B8 f1 }other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
; p: m) q% \, x7 O" W/ Vwere a re-determination under this Act of origin, tariff classification or value for duty.
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  G3 K0 G5 B8 g# V1 s* j3 X' C9 m) c7 H这到底是说可以还是不可以啊?
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