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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
$ l& O/ x( D( \1 n上面说 非商业 进口 可以免关税?
# r, x  O- U, }0 o  ~- a4 M* t* l) v8 R

" J3 V. i9 }! V! U  E
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. Q. @/ I( k' e
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Refund Requests) s1 H+ ^3 T" ~2 Q1 v
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
, j# b0 u9 f! C4 ~1 N8 z* Ypaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( N9 ]& J# }  j9 |
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if  C$ F2 p7 u  h: g
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to0 r7 r* e- ^: M5 |4 p& U9 ^/ r6 q
Canada to the time of release;
) Z$ y5 h8 Q3 h( L(b) the quantity released is less than the quantity in respect of which duties were paid;6 k. M; M3 `7 W" m
(c) they are of a quality inferior to that in respect of which duties were paid;" v# q$ q. |  }6 ]( r' F! e4 ]
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
! i) `5 P& l# n7 [0 U9 F" Y) `tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 `9 [' t0 U  Y. @7 e
case may be, was made in respect of those goods at the time they were accounted for under. d8 S$ U! D; x& _3 @, a
subsection 32(1), (3) or (5);+ J! D. s2 i" }
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for  e3 E5 k5 g( p
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
7 [) W/ _9 I' W4 V; u: ?accounted for under subsection 32(1), (3) or (5);0 B* s* n) B6 P
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
2 z$ r* S; _' v(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' E8 R) G  p+ m% V/ Dof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or) c+ l* N  |8 Z" z3 m4 G
value for duty in respect of the goods and the determination has not been the subject of a decision
2 {1 e6 L/ M" c+ `/ gunder any of sections 59 to 61;; c( \2 q& ~. B; t4 ], c
(f) [not applicable to non-commercial goods];* M9 E5 d+ f, f. H" j8 c+ G9 p
(g) the duties were overpaid or paid in error for any reason that may be prescribed.' ]9 \' `" `9 Q8 v
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* F- Y# S' y$ Q' w) \* F; A
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
, U, `! C3 ^9 ]$ L! pthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 o7 v3 `7 A: k5 W6 ]" j
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim( U; s3 Q2 k, b, J2 G  d( f
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.( X4 T* c) h. k
(3) No refund shall be granted under subsection (1) in respect of a claim unless, w$ }" I7 r9 _7 k3 j* m  e
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( o- z- y7 W# A( s. W% D" jrespect of which the claim is made or otherwise verify the reason for the claim; and3 R) v0 v# q$ V+ G$ g/ A
(b) an application for the refund, including such evidence in support of the application as may be4 a/ P+ `+ m8 r
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
1 H$ p1 V( Z' Wprescribed information within
) S9 p" s  r* H+ Y8 K( V  N  U7 F(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ ?  O: m; a! H+ S' E
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 B4 [$ w( k$ z) e; k
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
3 W: T: G' V/ W) `1 q- wwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., V7 {& l  h# \& c: m
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of6 |4 _- V# J( a6 U5 _" w
this Act as if it were a re-determination under paragraph 59(1)(a) if% u4 p9 l, U5 N) F9 ?" d  |
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied3 L% q$ }% M' m7 D
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not! z) s" K; n9 S) e/ o0 t
eligible for preferential tariff treatment under a free trade agreement; or
* u% F+ D& [+ A(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied0 l6 ^: ]1 k6 K/ B: R, {
because the origin, tariff classification or value for duty of the goods as claimed in the application is* n! [  g/ W$ @' A% {
incorrect.
% B$ X2 V# W! m8 u( F* S(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
: R; m, n. t3 z: w! J(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground+ p1 W- [# Q& V; l% ?  @; |2 p
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it, _$ K: e1 ?! w
were a re-determination under this Act of origin, tariff classification or value for duty.7 O) ~! b7 v2 M$ c/ Z) A% D& r
5 m' F% N' B+ V. G" j8 {1 W1 D
这到底是说可以还是不可以啊?
理袁律师事务所
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